INTEREST ARBITRATIONS

Decision Information

Decision Content

Teamsters Union Local 551

And

City of Pullman

Interest Arbitration

Arbitrator:      M. Zane Lumbley

Date Issued:   06/04/1981

 

 

Arbitrator:         Lumbley; M. Zane

Case #:              03284-I-81-00079

Employer:          City of Pullman

Union:                Teamsters; Local 551

Date Issued:       06/04/1981

 

 

INTEREST ARBITRATION

OPINION AND AWARD

OF

ZANE LUMBLEY

 

IN THE MATTER OF

CITY OF PULLMAN

      and

TEAMSTERS UNION LOCAL 551

Date Issued:   June 4, 1981

 

Appearances:

CITY OF PULLMAN                              Cabot Dow

TEAMSTERS UNION LOCAL 551                     Mark C. Endresen

 

IN THE MATTER OF

CITY OF PULLMAN

      and

TEAMSTERS UNION LOCAL 551

 

 

OPINION

 

PROCEDURAL MATTERS

      The Arbitrator was selected by mutual agreement of the

parties in lieu of those procedures set forth in RCW 41.56.450.

A hearing was held before the undersigned on April 22, 23 and 24,

1981, in Pullman, Washington, and May 5, 1981, in Seattle,

Washington.  The City of Pullman (herein the City) was repre-

sented by Cabot Dow of Cabot Dow Associates.  Teamsters Union

Local 551 (herein the Union) was represented by Mark C. Endresen,

Research and Economics Advisor for Joint Council of Teamsters No.

28.

      At the hearing, the testimony of witnesses was taken

under oath and the parties presented documentary evidence.  Inas-

much as the parties did not provide for a reporter, the Arbitrator

tape recorded the proceedings in accordance with the dictates of

RCW 41.56.450.  In lieu of filing posthearing briefs, the parties

argued their respective cases before the close of hearing.

 

BACKGROUND

      The Union has represented the City's uniformed police

personnel since 1970.  Since that time, a number of collective

bargaining agreements covering these and other employees not in

issue here have been consummated by the parties, the most recent

expiring on December 31, 1980.  In July of 1980, the parties

commenced negotiations toward a new agreement.  Beginning in

November of 1980, their negotiating sessions were conducted with

the assistance of a Public Employment Relations Commission medi-

ator.  Impasse with respect to the issue of wages, union security

and work-out-of-classification pay was reached on January 28,

1981.  On the following day, PERC Executive Director Schurke

directed the parties to proceed with interest arbitration on

these three issues.  Subsequently, prior to commencing interest

arbitration, the union security and work-out-of-classification

pay issues were resolved by the parties.

 

ISSUE

      Although the general subject of wages was the only issue

remaining at the time this interest arbitration proceeding began,

the parties also disagreed with respect to several collateral

subjects.  As a result, the following statement of the issue was

reached at the outset of the hearing:

      1.    [What are the appropriate] wage[s] for

            1981?

      2.   [Are the wages] for 1982 and 1983 properly

            before the Arbitrator?

      3.   If [the answer to 2. above is in the affir-

            mative] , [which of the following] should the

            contract provide for?

            (a)  [Wage] openers for 1982 and 1983; or

            (b)  Fixed wages (or some kind of formula)

                  for 1982 and 1983.

      As a threshold issue, therefore, I must determine the

term for which wages will be decided by this proceeding.  Except

for the matter of wages, the parties have agreed to a three-year

agreement.  The City argues, however, that I may not determine

1982 and 1983 wages because the question of wages beyond the

first year of the agreement was not placed before the mediator.

I disagree.

      As the City notes, WAC 391-55-220 precludes the raising

of issues in an interest arbitration proceeding which were not

raised before the mediator.  In the case at hand, the Union pre-

sented its demand for parity in wages with cities it viewed as

comparable to Pullman over a three-year period during the last

negotiating session on January 28, 1981.  As the City points out,

this demand was presented orally.  Moreover, testimony at the

hearing indicates the negotiating session broke off very shortly

after presentation of this demand.  Neither of these, however,

appears to preclude a finding that the Union's three-year demand

was made before the mediator.  By the same token, at this meeting,

the City offered for the first time its "enriched package" of a

one-time lump sum payment of $1100 to patrolmen and $1500 to ser-

geants for 1981.  This is the same offer which it pursued in this

interest arbitration.  The fact that the City may have been pre-

pared to make a written presentation of its enriched package to

the Union had that negotiating session continued longer is not a

sufficient distinction between the status of its offer and that

of the Union.  Both offers were made before the mediator and both

are appropriately before me here.

 

DISCUSSION

      RCW 41.56.460 requires my consideration of the following

factors:

      (a)  The constitutional and statutory authority

            of the employer.

      (b)  Stipulations of the parties.

      (c)  Comparison of the wages, hours and condi-

            tions of employment of the uniformed per-

            sonnel of the cities ... involved in the

            proceedings with the wages, hours and con-

            ditions of employment of uniformed personnel

            of cities ... of similar size on the west

            coast of the United States.

      (d)  The average consumer prices for goods and

            services, commonly known as the cost of

            living.

      (e)  changes in any of the foregoing circumstances

            during the pendency of the proceedings.

      (f)  Such other factors, not confined to the

            foregoing, which are normally or tradi-

            tionally taken into consideration in the

            determination of wages, hours and condi-

            tions of employment.

      In line with the above, the Union submitted a number of

facts regarding nine assertedly comparable cities in the state

of Washington in an attempt to demonstrate that police officers,

both patrolmen and sergeants, in the City of Pullman are consid-

erably underpaid.  Furthermore, it relied heavily on an analysis

of changes in the Consumer Price Index for Urban Wage Earners and

Clerical Workers (CPI-W) through August of 1980 to support its

position.  It argued that, inasmuch as the City's top step

patrolmen and top step sergeants were paid base salaries 45.1%

and 47.6%, respectively, below their counterparts in its compari-

son cities, a salary increase of approximately one-third that

amount was  appropriate in 1981 and that the same increase plus

the percentage by which the average of its comparison cities in-

creased their patrolmen and sergeant salaries in the two succeed-

ing years should be granted for 1982 and 1983 in order to bring

about absolute parity with the average of these cities by January

1, 1983.  Additionally, while it conceded that the City's finan-

cial picture was not encouraging, it contended that the City had

the ability to pay the salary increases sought and that the City

should be required to search out new revenues rather than depriv-

ing its employees of a proper wage increase in solution of its

financial difficulties.

      The City asserts that factors such as its limited busi-

ness and property tax base (much of the City is exempt from tax-

ation because it is owned by Washington State University) , its

declining construction activity and its inability to institute a

business and occupation tax by virtue of its alleged market dis-

advantage, when combined with inflating expenditures, demonstrate

that it hasn't the financial resources to implement a continuing

general wage increase.  Moreover, it contends that its offer to

the employees in question here compares favorably with its prof-

fered comparison cities and is in line with its negotiated agree-

ments with other groups of represented City employees.  It argues

the only money it has available to it for 1981 increased wages

for all of its employees is a one-time, nonrecurring fund of

$80,000 generated by changing its method of collecting utility

taxes from a quarterly to a monthly basis in 1981 thereby causing

it to receive those taxes relative to October and November before

the end of calendar year 1981.  As a result, it asserts that its

allocation of approximately $20,000 of that sum to one-time lump

sum payments to uniformed police personnel in 1981 plus its

agreement to provide the employees a pro rata share of 70% of new

recurring and nonrecurring revenues derived through legislative

action of the city council or state of Washington should be

adopted.

      Both parties presented their cases with commendable

diligence and integrity and provided me with a wealth of informa-

tion in support of their respective positions.  All the evidence

and arguments of the parties as well as all relevant decisions

of other arbitrators, including all of those cited to me by the

parties, have been studied closely and considered very carefully.

However, my discussion here has necessarily been foreshortened

in the interest of economy and I shall discuss my deliberations

with respect to the parties' facts and contentions only to the

extent necessary to make the basis for my award clear.  It seems

the most orderly way of proceeding is to reach a decision first

with respect to comparison cities and cost of living and then to

determine the extent to which the financial condition of the City,

as influenced by its constitutional and statutory authority, per-

mit implementation of the award found appropriate based on the

first two factors.

      The parties disagree totally as to what cities may be

considered comparable.  Although RCW 41.56.460 speaks in terms of

"cities ... of similar size on the west coast", there neverthe-

less appears to be room for argument.  As Arbitrator Jackson

noted in City of Hoquiam, Washington, and International Associa-

tion of Firefighters Local 315, Washington Public Employment Rela-

tions Reporter, FA 270 (1980) the words "similar size" may refer

to factors other than population such as a city's tax base or the

geographic area falling within its jurisdiction.  However, the

majority of arbitrators ruling pursuant to this statute inter-

pret the reference to be to population.  As for the intent of

the words "west coast", arbitrators generally have given weight

to facts with respect to cities of similar size located in the

states of Washington, Oregon and California.  There is a tendency,

however, to attach greater weight to comparability evidence from

Washington cities.  Given the potentially different constitu-

tional and statutory authority of cities outside the state of

Washington, this is a reasonable approach.

      As a threshold issue regarding the selection of cities

of similar size, the population of the City of Pullman must be

determined since the parties also disagree in that respect.  The

evidence demonstrates that, in 1980, there were 6,582 permanent

residents in the City of Pullman and a total Washington State

University enrollment of 17,468.  Of the total WSU enrollment,

approximately one-half lived on campus, which has its own police

force consisting of seventeen individuals.  The remaining stu-

dents live either inside the non-WSU city limits or outside the

city limits.  The City contended that the on-campus resident pop-

ulation should not be considered in arriving at the population

size for the City of Pullman.  The Union argued that the total

city population, both nonstudents and students regardless of

where domiciled should be included.  I believe it is reasonable

to assume that those living on campus or outside the city limits

of Pullman spend fewer hours in non-WSU areas of the City than

outside such areas and that those living in non-WSU areas of

the City spend more hours within the City's jurisdiction than

outside it.  As a result, since the City must provide police ser-

vices for all people within its jurisdiction, it is appropriate

to allocate the total WSU student population on a fifty-fifty

basis between WSU and the City of Pullman.  Accordingly, I have

determined the population of the City for purposes of this pro-

ceeding to be 15,316 (the sum of 6,582 and 8,734).

      The City proposed for comparison purposes nine Washing-

ton cities, three Idaho cities, fifteen Oregon cities and twelve

California cities.  It arrived at this mix by first selecting

only those cities in the four states with populations between

25% fewer and 25% more citizens than the 14,095 citizens it con-

tended reside in Pullman.  In order to narrow the California

sample thus arrived at to twelve, the City also applied the re-

quirement that its total 1980 assessed property valuation be

within 25% of Pullman's.  As noted previously, the Union's list

of comparable cities was limited to nine other Washington cities.

The population of these cities ranged from approximately 21,000

to approximately 33,000, or from 12% below to 39% above the

23,768 population figure urged appropriate for Pullman.

      From the list of forty-eight cities provided by the

parties, I have selected eighteen which I believe most valuable

for comparison purposes.  Firstly, while I do not consider the

state of Idaho to be a West Coast city, I determined to use the

city of Moscow under Section (f) of RCW 41.56.460 because of

its close proximity to the City of Pullman.

      As for those Washington cities proffered by the Union,

I have determined to consider Olympia and Walla Walla.  All but

one of the remainder were eliminated because they lie within

fifty miles of a major population center based on my belief that

such cities are greatly affected by their close proximity to major

population centers because they become part of a radically diffe-

rent ecosystem than is likely to be experienced by a city like

Pullman.  Kennewick, the last Union-sponsored city eliminated,

was removed from consideration solely by virtue of the size of

its population.  For cities inside the state of Washington, I

share the view of other arbitrators that similar population size

may be defined as ranging from one-half the size of the city at

issue to twice its size.  While Kennewick is more than twice the

size of the population I have found for Pullman, Olympia1/  and

Walla Walla are approximately 75% larger.  With respect to those

suggested by the City, Puyallup has been deleted by virtue of its

close proximity to the Seattle-Tacoma population center and Kelso

has been deleted because of its close proximity to Portland.  The

remaining seven were considered.  2/

_____

      1/   In disagreement with the city, I do not consider Olympia, which

            it appears to have considered in finding the city of Lacey a "metro-

            politan area city", a major population center.

      2/   Among these is Pasco, which I also do not consider a metro-

            politan area city.

 

      Of the fifteen Oregon cities and twelve California

cities suggested by the City, I have used five in Oregon and three

in California.  In eliminating the remaining cities from the two

states, the same criteria of close proximity to a major popula-

tion center and population size were used. 3/  However, a decid-

edly smaller population range was used than in selecting Wash-

ington cities.  Inasmuch as the City provided no evidence as to

the constitutional or statutory authority of cities in either of

those states, matters directly affected by the state in which

they are located, I determined to narrow the criterion of rela-

tive population size in an attempt to offset the lack of knowledge

with respect to constitutional and statutory authority.  There-

fore, I severely restricted the population comparison to a near

match, namely plus or minus 10% of the population figure arrived

at for Pullman.  After applying these two criteria, five Oregon

cities and three California cities remained.

_____

      3/   In disagreement with the city, I consider neither Merced nor

            Modesto, California, a  major population center affecting the city

            of Atwater.

 

      As a result of the analysis above, the cities which I

have determined to use for comparison purposes are Port Angeles,

Pasco, Lacey, Mount Vernon, Oak Harbor, Moses Lake, Centralia,

Olympia and Walla Walla, Washington; Moscow, Idaho; Klamath

Falls, Ashland, Pendleton, Coos Bay and Grants Pass, Oregon; and

Atwater, Barstow and Ridgecrest, California.  Having thus arrived

at a manageable list of comparison cities, I shall discuss only

the salaries of comparable uniformed positions in those cities in

this Opinion.  Although I have considered in depth the remaining

evidence submitted with respect to these cities, I am convinced

I must give the greatest weight to the factor of wages.

      In this connection, while I note that two-thirds of the

eighteen cities employ some type of education incentive as does

Pullman, I shall not consider the parties' evidence as to this

factor in drawing salary conclusions from my comparisons.  I

shall not do so because, although I recognize that the City must

consider this cost in arriving at its various offers to employees,

education incentives are paid to employees not directly in compen-

sation for doing the job assigned them but rather in compensation

for the acquisition of additional education which assumedly allows

them to do their job better.  Thus, in a way, it is a kind of

merit or premium stipend not totally unlike a promotion.  More-

over, the parties have already settled on the matter of education

incentive and it is properly considered by me only as evidence

of the City's overall ability to pay.

      The average 1981 top step patrolman salary in these

cities is $1619 compared to the current top step patrolman salary

in Pullman of $1356.  If the City's lump sum offer to patrolmen

for 1981 were prorated over the twelve months of the year, top

step patrolman salaries would equal $1448.  The average top step

sergeant salary for the selected comparison cities is $1842 com-

pared to the current Pullman figure of $1509.  Prorating the

City's 1981 lump sum offer over twelve months would raise that

figure to $1634.

      As for the matter of cost of living, the City contends

the Consumer Price Index overstates actual cost of living by at

least 19%.  The Union, on the other hand, believes that the fail-

ure of the CPI to include federal income and social security

taxes causes it to understate increases in living costs.  I am

more inclined to agree with the City than with the Union on this

point.  I am concerned that the CPI tends to overstate cost-of-

living increases of the average employee who, in all likelihood,

does not purchase such substantial goods as automobiles every

year, much less a new home.  Additionally, given the City's pay-

ment of health insurance premiums for the employees in question

here as well as their spouses and children, the likelihood of

overstatement is increased.  I do not agree with the Union's

contentions regarding understatement caused by the failure of the

CPI to take into account federal income and social security taxes.

Inasmuch as social security taxes are charged at a constant rate,

they would seem to have no impact.  The same can be said of

federal income taxes except to the extent that a wage increase

causes an employee to move to a higher tax bracket.  Such poten-

tial is, of course, impossible to compute here.  As a result, I

find that the recent approach of several arbitrators in the state

of Washington is not unreasonable, namely the use of 80% of the

appropriate CPI.

      The most recent agreement between the parties referred,

with respect to the second- and third-year wage increases, to use

of the August to August average of Seattle and United States CPIs.

Evidence adduced at the hearing demonstrates that the specific

Seattle and United States CPIs historically used have been the

ones for urban wage earners and clerical workers, otherwise re-

ferred to as the CPI-W.  Between August 1979 and August 1980, the

average Seattle-U.S. CPI-W increased by 14.3%.  In response to

the dictates of Section (3) of RCW 41.56.460, I have examined the

most recent statistics in this regard and determined that the

average Seattle-U.S. CPI-W for March/April 1981 4/ has slowed its

rate of increase to 10.5%.  The Seattle figure as of March 1981

had slowed to 11% from approximately 15.8% as of August 1980.

Similarly, the U.S. index indicated a slowing to 10% as of April

1981 from the 12.7% noticed as of August 1980.  Eighty percent of

the August 1980 Seattle-U.S. average of 14.3% equals 11.44% whereas/eighty percent

of the March/April 1981 Seattle-U.S. average of 10.5% equals

8.4%.

_____

      4/   Seattle CPI figures are no longer provided for the month of

            April.

 

      The discussion of comparison cities above would seem to

indicate that Pullman police personnel are in need of a signifi-

cant wage increase.  The examination of the CPI, while revealing

a recent slowing trend in the growth of the index, nevertheless

does little to refute this indication.  However, the ability of

the City to implement any given increase must be considered.  That

is not to say that uniformed police employees or any other City

employees, for that matter, should be forced to underwrite the

provision of public services to the citizenry.  It is that citi-

zenry, of which City employees are likely a part, which must pay

for the cost of the services it consumes.  Ensuring awareness of

this is not my function here.  However, I am confident that those

City officials knowledgeable of this proceeding will take it upon

themselves, as they should, to enlighten those who placed them in

office of the need to assist in ensuring quality law enforcement

services through responsible and respectable wage levels.  The

Union, on the other hand, should not expect to gain, in one fell

swoop, parity with any group of comparison cities whose employees

earn higher wages when the history here demonstrates that the

current wage structure has been arrived at through the vehicle of

voluntary collective bargaining since 1970.

      Without question, Pullman is among the poorest of

Washington cities.  Convincing and uncontradicted statistics

provided by the City establish that, of the twenty-five most

populous cities in the state, Pullman ranked number twenty-four

in sales tax receipts in 1980.  Further, when compared to the

same list of Washington cities, Pullman ranked dead last in 1980

property taxes due.  This second factor is heavily affected by

the substantial Washington State University property ownership

within the City of Pullman, all of which is exempt from taxation

by the City.  In the case of both sales and property taxes, the

City appears to be levying at the statutory maximum.  On top of

these considerations the City argues:  1) It is not in a posi-

tion to raise its already high utility tax; 2) Federal revenue

sharing decreased in 1980 and is expected to decrease again in

1981; 3) The City is currently charging the legal maximum admis-

sions tax; and 4) It is not in a position to implement a business

and occupation tax for fear of driving away current businesses

and scaring off potential new business development.  At the same

time, the City contends it has undertaken numerous measures de-

signed to decrease or hold the line on expenditures.  In fact,

the evidence presented by the City demonstrates that serious ef-

forts in this regard have been made.

      However, as the Union argues, the City must be required

to search for innovative solutions to its financial difficulties.

It seems to me that to grant a group of City employees no ongoing,

cumulative wage increase relieves the City of the burden of

searching for solutions to a certain extent.  Aside from future

considerations, if the evidence before me established that the

City simply had no money at the present time out of which it

could pay a 1981 wage increase, that would be one thing.  On the

facts at hand, however, I am convinced that is not the case.  I

respect the City's arguments regarding the use of "cash carry

forward" in payment of its daily operating expenses as well as

the recommendation of the Municipal Finance Officers Association

that seven to eight percent of a city's budget or approximately

one month's revenue be kept on hand to meet current expenditure

requirements.  However, the City began 1981 with a significantly

greater cash carry forward than either of those recommendations

would suggest is necessary.

      At the beginning of 1981, the City carried forward ap-

proximately $300,000.  Seven to eight percent of its 1981 expen-

diture budget of $2.9 million amounts to between $203,000 and

$232,000.  By the same token, one month's revenue, that is to

say, one-twelfth of the 1981 revenue budget of $2.7 million equals

$230,000.  Moreover, $110,000 of the approximately $300,000 cash

cary forward at the end of 1980 was realized by virtue of the

City's austerity program during that year which made it possible

to underexpend revenues by 2%.  Additionally, of course, there is

the $80,000 one-time utility tax revenue realization, part of

which the City has allocated for police personnel.  What the dis-

cussion above indicates to me is that, in spite of the City's

relatively poor tax base by comparison to other Washington cities,

its management has demonstrated exceptional capability to devise

answers in response to its financial needs.  As a result, I can-

not agree with the City's proposal of a lump sum cash payment and

attendant sharing of  potential new revenue.  I respect that the

City has attempted to arrive at a similar accommodation with all

its various employees.  however, the City must also respect that,

as the quid pro quo for being denied the right to economic action,

all uniformed personnel in the state of Washington have the right

to seek a different award in interest arbitration.

      After carefully considering all the evidence submitted,

including the contentions of the parties, and with special atten-

tion to the legislative declaration set forth in RCW 41.56.430, I

find that it is appropriate to award the City's uniformed police

personnel a general salary increase in the amount of 13% for the

year 1981, retroactive to January 1, 1981.  Specifically, 13% was

selected in order to strike a balance between the desire to move

Pullman's policemen in the direction of eventual parity with the

cities selected and the desire to require the City to institute

no more of a salary increase at this point than necessary to keep

its policemen slightly ahead of 80% of the August 1980 Seattle-

U.S. CPI-W figure.  A 13% increase will find the top step police-

men lagging behind comparable positions in the selected cities

by only 6% and sergeants lagging behind their counterparts by

only 9% as opposed to the current 19% and 22%, respectively.

With regard to 1982 and 1983, I find it is appropriate to devise

a formula which hopefully will continue to accomplish the same

two goals stated above.  In each of those years I shall award a

1% general salary increase in addition to an amount equivalent

to 80% of the immediately preceding August to August average

Seattle-U.S. CPI-W. 5/

_____

      5/   The reaching the conclusions above, I have determined to award

            the stated salary increases across the board to all uniformed police

            personnel in the unit rather than to attempt to alter the historical

            relative differences between the various classifications and levels

            established through collective bargaining between the parties, no

            evidence being offered that adoption of the "salary delineation

            schedule" proposed by the union in negotiations was necessary to

            correct any shortcomings or inequities in the spread of salary in

            the most recently expired collective bargaining agreement.

 

AWARD

 

      Pursuant to RCW 41.56.450, it is hereby awarded that:

 

I.    A general salary increase of 13% shall

      be given to all uniformed police personnel

      retroactive to January 1, 1981;

II.  The wage for 1982 and 1983 are properly

      before the Arbitrator; and

III. The contract shall provide for a general

      salary increase for all uniformed police

      personnel in 1982 and 1983 in the amount

      of 1% in addition to an amount equivalent

      to 80% of the immediately preceding August

      to August Seattle-U.S. CPI-W in each of

      the two years.

 

Seattle, Washington

Dated: June 4, 1981               Zane Lumbley, Labor Arbitrator

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.