INTEREST ARBITRATIONS

Decision Information

Decision Content

City of Auburn

And

Teamsters Local No. 117, Police Lieutenants Unit

Interest Arbitration

Arbitrator:      Kenneth M. McCaffree

Date Issued:   07/31/1981

 

 

Arbitrator:         McCaffree; Kenneth M.

Case #:               03425-I-81-00080

Employer:          City of Auburn

Union:                Teamsters; Local 117

Date Issued:       07/31/1981

 

 

 

IN ARBITRATION

Between         

 

TEAMSTERS Local No. 117, Police

 Lieutenants Unit, Auburn (UNION)                                                            DECISION

-and                                                                                                            by

                                                                                                Kenneth M. McCaffree

CITY OF AUBURN (CITY)                                                  Hansville, Washington 98340

 

                                                                                                            July 31, 1981

 

RE:     Wages, Overtime/Compensatory Time

            and Holiday Pay

                                                                                                Case No. 3425-1-81-80

Representatives:                                                                   Public Employee Relations

            For the Union:  Lt. Ernie Miller                                Commission

            For the City:   William A Coats

                                                                                                INTEREST ARBITRATION

 

I.          INTRODUCTION

 

            A hearing on this matter was held in Auburn, Washington on July 7, 1981,

pursuant to RCW 41.56.  Following a declaration of impasse in their attempts

to complete an agreement, this arbitrator was accepted to hear the issues

and render a decision.  The parties affirmed the arbitrator was properly

selected and was given the authority to determine the issues presented to

him.

 

            Accordingly, the arbitrator proceeded to determine the issues before

him, and to afford to the parties full opportunity to present their

respective positions on each issue, to examine and cross examine witnesses,

to offer information and data through exhibits, to make oral arguments and

otherwise to inform the arbitrator on the relevant aspects of the issues in

dispute.  The Union offered 11 exhibits, the City, five.  Those testifying

included E. Miller, Police Lieutenant; William R. Harold, City Personnel

Director, N.J. Gibson, Jr., City Chief of Police, and Edward J. Wilson,

Police Captain.  Others who entered into the discussion at various times

included Russ Olson, Business Representative of the Union, and Police

Lieutenants Murray Board and Ronald-Cude.The Union made an extended

opening oral statement, and brief concluding summary remarks.  An opening

written statement was given the arbitrator by the City.  Post hearing

written summary briefs were due on July 15, 1981.  A brief was received only

from the City and this was timely done.  The arbitrator also tape recorded

the proceedings.

 

 

II.        ISSUES AND POSITIONS OF THE PARTIES

 

            There were three issues placed before the arbitrator: first, the level

of monthly salary for police lieutenants; second, overtime time

payments/compensatory time for overtime work, and third, compensation for

work on a holiday.  The positions of the Union and the City are set forth

below.

 

A.        Salary Level

 

            Union: Effective 1-6-81, increase wages to $2,825.33 per month, an

            increase of l9.95% over the current salary of $2,356 per month

            (Un. Ex. #1).

 

            City:    Effective 1-6-81, increase salary to $2,685 per month, an

            increase of 13.98% over the current salary of $2,356 per month

            (C. Op. S.2).

 

B.        Overtime/Compensatory Time

 

Union: Employees shall be paid at the rate of time and one-half of

            their hourly base rate for all hours worked outside a regular

            assigned eight (8) hour shift in any one day and/or 40 hours

            in a regularly scheduled work week.  The employee has the

            option to take overtime pay or compensatory time off for said

            overtime hours.

 

            (Union Ex. #1 has been reproduced as Attachment A.  That sets

            forth the full proposal of the Union on this subject).

 

            City:    The City's wage offer above was made, subject to the Union

            dropping its request for overtime/compensatory time and

            holiday pay.  An "Hours of Work" proposal was made by the City

            (Attachment A).

 

C.        Holiday Pay

 

Union: Employees who are required to work on a designated holiday

shall receive one and one-half times their hourly base rate

for hours worked and shall receive a furlough day in lieu of

that holiday worked.  (The exact proposal is included in

Attachment A).

 

City:    If a lieutenant works a holiday, the employee will be allowed

to take a mutually agreed to compensatory day (C. Op.S. 3).

 

            In the discussion of Union's Ex. #11, it became evident that the parties

had not discussed, negotiated, nor resolved the Union's request for (a)

accruing of 40 hours of compensatory time; (b) three hours minimum call back

pay  or (c) three hours standby pay.  These are matters dependent upon

resolution of the overtime/compensatory time provision above.  The

arbitrator was requested to remain available potentially to consider these

issues, dependent upon his decision in the overtime/compensatory time

issue.  After a decision on the latter provision the parties wished an

opportunity to resolve any remaining issues before proceeding to submit any

other issues to this arbitrator.

 

III.       SUMMARY OF PERTINENT FACTS

 

            A.        Wages and Salaries

 

                        1.         Port of Seattle Police - "A 13% pay differential shall be

                                    maintained between the Lieutenants' and Port Police Sergeants'

                                    base monthly rate"  (Un. Ex. #2).

 

                  2.         Renton Police Department - In both 1980 and 1981 , Lieutenants'

                              base monthly salary exceeded sergeants' base monthly salary by

                              13%.  The Lieutenants' salary in 1981 was $2,787 per month,

                              with $35 per month added after five years service, and with 90

                              credits under the educational incentive provision, an

                              additional $30 per month was agreed to (Un. Ex. #3).

 

3.         Auburn Police Sergeants averaged 76.8 hours per month In

            overtime in 1980, equivalent to $132.29 per month (Un. Ex.

            #4).  Five individuals, who were sergeants over the entire

            first six months of 1981 averaged $15,803.  One, who was the

            detective sergeant earned $17,109 and the remaining four

            averaged $15,481 (C. R. Br. 5).

 

4.         Increase in base salary levels and salary ranges in other

            cities for lieutenants have been summarized below from City

            Ex. #13.

 

 

                                                                  Base Salary

                                                            Percentage Increase

City                                                        1981 over 1980                                            Salary Range*

 

Mountlake Terrace                                       11.0                                                     $2435  $2619

Kent                                                                12.0                                                     2157    -  2632

Lynnwood                                                       10.9                                                     2260    -  2543

Redmond                                                        14.0                                                     2242    -  2840

Renton                                                            12.0                                                                 -  2787**

 

Kirkland                                                           9.8                                                     2256    -  2654

Puyallup                                                            9.01                                                   2265    -  2546

Edmonds                                                         10.0                                                     2275    -  2781

Olympia                                                          13.0                                                     2046    -  2535

Mercer Island                                                10.0                                                     2130    -  2719

 

Average                                                          11.17                                                   $2230 - $2666

Auburn

 

*All  salaries, except for Renton, are for the 2nd in Command in the

Police Department.

 

**This rate is $2822 after five years service and $2817 with 90 credits

of educational incentive.

 

5.         Percentage wage/salary increases of 1981 over 1980 for other

units of employees in the City were as follows (C. Op.S.6).

 

                                    Police Unit      -                       13.1

                                    Fire Unit         -                       13.1

                                    Public Works  -                       13.0

                                    Finance           -                       12.5

                                    Unrepresented

                                    Management  -                       13.1

 

6.         Salaries for department heads in the City of Auburn.

 

                                    Planning Director                   $2657  (9)*

                                    Street Supt.                            $2619  (30-40)

                                    Water & Sewer Supt. $2313  (17)

                                    Park Director                         $2598  (25/50-150 p.t.)

                                    Fire Dept. Capt.                     $2679  N/A

                                    Fire Dept. Lieut.                    $2464  N/A

 

*Approximate number of employees supervised.

 

7.         The Consumer Price Index (CPI) for all urban consumers,

increased 10.0% from April 1980 to April 1981.  The annualized

rate of increase for the CPI (U) during the first four months

of 1981 was 8.4%.  The increase over the 12 months in 1980 was

12.4 percent (C. Op.S., BNA LRR attachment, News and

Background Information, June 1, 1981).

 

B.        Overtime/Compensatory Time/Holiday Pay

 

The data on the two remaining issues have been summarized together.

 

1.         Lieutenants, in coopertion with Police Captains and their Police

Chief, establish currently a working schedule in accordance with

the responsibilities of the positions occupied.  The exact hours

required to be "on the job" are somewhat flexible, and no overtime

is currently authorized.  Lieutenants and captains may be called at

home or when off duty for a number of reasons, that occur

infrequently, and do not always require the presence of the

lieutenant at the scene of the event, activity, etc. (Un. Ex. #5;

Testimony:     C. Op.S 8).

 

2.         Lieutenants have been, and may be, assigned to a shift, and hence

lose the current flexibility of hours (Un. Ex. #6).  Requests for

compensatory time have been denied, although adjustments for

"casual" overtime by taking compensatory time was possible, and

done (Un. Ex. #7, 8, and 9).

 

3.         A Lieutenant Mulkey was presumed to have received two hours

compensatory time explicitly in January, 1980 (U. Ex. #10).  The

exact circumstances were not established.  Testimony did confirm,

however, that no compensatory time pay offs were made to any

lieutenants, while they worked as lieutenants, under the recent

arbitration decision and Court settlement of accumulated

compensatory time (City Ex. #14).

 

4.         The following table shows Overtime/Compensatory Time/Holiday Pay

for ten other cities (C. Ex. 12).

 

            City                                         Overtime                    Compensatory            Time    Holiday*

            Mountlake Terrace               No                               Yes                              Holiday

            Kent                                        No                               No                               Day off

            Lynnwood                               Yes                              No                               Day off

            Redmond                                No                               No                               Day off

            Renton                                    Yes                              Yes                              Day off

            Kirland                                    No                               No                               Holiday

            Puyallup                                  "Fair" time** No                               Holiday

            Edmonds                                  No                              No                               Holiday

            Olympia                                  No                               No                               Holiday

            Mercer Island                        No                               No                               Holiday

 

                        *"Holiday" means the day is not worked, and no other policies apply.

"Day off" means the day is not a regular work day, and if worked,

another day off is allowed in lieu of the worked holiday.  No City pays

1-1/2 time for day worked, and gives a day off in lieu of the holiday

worked (C. Op.S.ll).

 

**All police department personnel on duty during the annual Puyallup

Fair are paid overtime.

 

5.         No overtime is paid for extra hours of work for the Planning

Director, Street Superintendent, Water and Sewer Superintendent and

Parks director in the City.  None of these are granted additional

compensation if they work a holiday (C. Op. 5.11).

 

C.        General Information

            The Police Department in Auburn is headed by the Chief of Police.  One

Lieutenant, Director of the Administrative Services Division, reports

directly to the Chief.  Two Captains are employed, one heads the Support

Services Bureau and a Lieutenant who heads the Special Services Division

that includes the jail services unit, record unit and traffic violations

reports to him.  The second Captain directs the Opeations Bureau of which

the major division is the Uniformed Services headed by a Lieutenant.  The

entire Department contains about 65 people.  One Sergeant heads the

identification unit, another leads the detective unit, and four others

report to the Lieutenant in the Uniformed Services Division.  Thus one

Lieutenant is in a senior-staff relationship to the Chief, and the other two

are in line command, at the second level below the Chief.  All have several

persons in their divisions that require supervision (City Ex. #15).

 

IV.       DISCUSSION OF ISSUES

 

                        The arbitrator is directed by statute to examine the level of salaries

and working conditions prevailing in comparable cities for comparable

positions, to look at internal salary and wage structures and working

conditions of the employer, to review trends in wages, compensation, and

working conditions, to evaluate changes in the "cost of living," and to

evaluate other factors that may affect the bargaining relationship (RCW

41.56.460).  These factors are reflected, to a substantial extent, in the

data and information provided above.  Further, however, the arbitrator

should be guided by those factors that most likely would direct the parties,

and attempt to arrive at a proposed settlement that would be most likely

reached by the parties in a "free" collective bargaining situation, when the

right to strike was available.  This latter consideration requires some

judgement on the relative strengths of the two parties, and what they would

likely do, or how they would react, If in fact a strike, or other pressures,

were available to both.  Obviously, such a judgement can never be precise,

and thus quantative data on prevailing patterns of settlement, where

available, and comparable levels of wages and conditions become primary

considerations for the arbitrator.

 

                        There are reasons for considering the three issues presented to the

arbitrator essentially as a single proposal and a counter proposal.  The

City explicitly made the offer of a monthly salary, $2685, conditional to

the withdrawal of the Union requests on overtime/compensatory and holiday

pay.  In addition, the general approach and argument of the Union emphasized

the compensation character of the latter issues.  The major argument

emphasized the added income obtained by sergeants from overtime and similar

premium pay situations, which the lieutenants believed should be available

to them to keep their salaries a certain percentage above that amount

received by sergeants.  Finally, regular compensation is related to hours

normally worked, and extra hours worked reasonably relate to compensation

levels and/or increases.

 

A.        Hours and Compensation

                        There were no very firm data on how much overtime the lieutenants would

actually have, but the total has not been large in recent years.  A very

limited number of special events and/or activities were cited when the

lieutenants were required to work over extended time periods.  Although

subject to being called out at night or on week-ends, this had occurred

equally as infrequently, and perhaps occurred only two or three times per

year.  Miller could identify no specific instance for himself in the last

three months.  Only three examples were offered that lieutenants had worked

on week-ends, outside their regularly scheduled day work during the week,

and two of these occasions were at the option of the employee.  No work by

lieutenants was reported on holidays.

 

            The employees did indicate that a certain amount of "casual" overtime

occurred.  This was generally described as occurring at the end of a shift,

at lunch, or even prior to the beginning of a regular day's work in order to

be certain to see a member of the department.  For this type of "overtime,"

the Lieutenants were able to exercise discretion in quitting early, take a

slightly longer lunch period, next day, or coming in late some day to

compensate.  This arrangement allowed some nominal flexibility of hours on

duty, and even permitted lieutenants "to stop by the department" on

week-ends.  There were no extended periods of overtime in these cases, nor

work directed to be done by the Chief or a Police Captain.  Finally, the

evidence was substantial that lieutenants at Auburn have not been paid

overtime nor were any lieutenants included in the compensatory time pay off

from the recent court decision for any overtime worked while a lieutenant.

 

            On the basis of the above evaluation, the arbitrator concluded that the

demand for overtime beyond the "casual" overtime described above was

primarily a "protective measure" to avoid being directed to work extended

periods of time outside the presently established day shifts without

specific provision in advance for,compensation.  The Union presentation at

the hearing emphasized this aspect of overtime, and spent little effort in

justifying that part of the Union proposal dealing with specific hours and

overtime arrangements.

 

            The arbitrator also concluded that set hours at which the lieutenants

were to be continuously on the job and effectively supervised, such as those

hours for sergeants, patrol officers, jail services employees and so forth,

were important, but less so than additional compensation.  Set hours and

compensation for overtime such as contained In the Police Unit Agreement are

not compatible with employee discretion to adjust hours nominally daily

and/or weekly to suit the convenience of the employee and/or compensate for

each bit of "casual" overtime.  Keeping records of such activity, and

determining what was to be paid as overtime and what was compensatory time

would be exceedingly burdensone on all and unnecessarily costly

administratively.

 

            There was no convincing evidence or argument made to the arbitrator that

the employees wanted a set eight hour day, five day week, and forgo the

present flexibility afforded employees to adjust daily and weekly hours in a

nomimal way, with the expectation that some "overtime" would result.  Rather

the argument was that lieutenants should be paid substantially more than

sergeants because  "casual" overtime exceeded the corresponding compensatory

time off, in order for the lieutenants to get their work assignments

completed.  Since sergeants get overtime pay, the "extra hour" put in by

lieutenants should be compensated for in higher salaries.  It was not

necessarily a means to insure regularized work schedules, or to obtain

overtime income per se but to justify higher compensation in a regular

monthly salary.  Thus the issue is really how much should lieutenants be

paid, given their working conditions, hours, and hours arrangements?

 

B.        Salary Increases and Levels

 

            The Union's proposal of $2825 per month, that increases lieutenants'

salaries by over 19 percent between 1980 and 1981 has little factual data to

support it.  First, the $2825 per month, as a single rate for all

lieutenants, is higher than the top of the range for lieutenants and/or

those second in command in Police Departments in nine of ten other

comparable cities in the Seattle-Everett-Tacoma Metropolitan area, per Item

4 on Wages and Salaries above.  No lieutenant in the Auburn Police

Department has two years service.  The rate at Renton, a city cited

explicitly by the Union, does not pay its lieutenants the proposed salary

until after five years of service.  Further, no Police Department among the

ten cities shown in item 4 has increased salaries this year by more than 14

percent (Redmond).  The base rate for lieutenants is only $2242 In Redmond,

compared to the proposed $2825 starting rate (and ceiling rate) in Auburn, a

difference in favor of Auburn by 26 percent.  Difference in hours, work

load, or responsibilities were not evident with which to justify such a

differential.  With the exception of Mountlake Terrace, similar

differentials would exist between beginning rates and that proposed by the

Union among the several cities in the comparison group.

 

            In addition, the relationship between sergeants and lieutenants in other

cities cannot support the increase proposed by the Union.  The Union cited a

13% base rate differential between sergeants and lieutenants at the Port of

Seattle, and in Renton (Un. Ex's#, 2 and 3).  The Union proposal would make

the base rate monthly salary differential between sergeants and lieutenants

at Auburn over 25%.

 

            Finally, the 1980 Consumer Price Index rose by 12 percent and the

annualized rate, in recent months, has been falling.  The proposed 19.98%

far exceeds an amount justifiably based on the changes in the "cost of

living" as measured by the change in the CPI.

 

            Thus, on the basis of the above factual information, the Union proposal

was clearly too much.  Neither the precent increase in salaries nor the

level of salary can be justified by prevailing patterns or levels.  On the

other hand, was the City's proposal too low?  The offer was a 13.98%

increase, $2685 per month, if the Union dropped its request for

overtime/compensatory time and holiday pay.

 

            Clearly, the City's offer fits much more closely to the pattern in

surrounding cities.  The percentage increase proposed is within a very small

fraction as great as any of the ten cities of comparable size, that have

been used frequently for comparison purposes with Auburn.  The 13.98%

increase proposed by the City exceeds the average increase by nearly three

percentage points.  The proposed increase of 13.98% also exceeds the

percentage increase given to all other union groups in the City as well as

unrepresented management personnel.  As the City also points out in its

brief:

 

"While the City of Auburn does not give credit for experience, the

salary which would be generated by the City's offer of $2685, exceeds

the top salary available in all but four cities and exceeds the average

of the top of the salary range by approximately $20 per month.  The

salary exceeds the average minimum of the salary ranges by $455 per

month" (C. R Br. 2).

 

Further, the City's proposal provides an 18-1/2% differential between the

sergeants' base monthly salary compared to the proposed salary of

lieutenants at $2685.  This exceeds both the differentials between

sergeants' and lieutenants' base salaries in Renton and at the Port of

Seattle.  In addition, given the general description of administrative

responsibilities of the Lieutenants, the City's proposed salary compares

favorably internally with that paid other administrative personnel, as seen

in item six above, under Wages and Salaries, pertinent data.  Finally, the

City's offer in percentage salary increase exceeded the 1980 CPI percentage

increase by 1.6 percent points, and if total compensation were included

(14.58% increase; C. Op. S. 3), the excess of the precentage change in total

compensation over the "cost of living" change exceeds two percentage

points.  This Increase in  "real" income was greater than other groups in

Auburn's government, and substantially in excess of what most members of the

labor force obtained in 1981  (107 LRR 83, Column 2; Attachment, C. Op. S.).

 

            The final aspect of the analysis relates to the hours of overtime.  The

trade-off is in part for a provision to pay overtime for "casual " overtime

(with set shift hours) or continuation of the flexibile daily/weekly hours

arrangement and informal compensatory time off within the pay period, as

discussed above.  Another part deals with the overtime of sergeants, and

their resulting salaries in relation to the City's proposed salary for

lieutenants.  The claim by the lieutenants that the City's proposal failed

to take account of extra hours worked as "casual overtime" uncompensated by

other short period time off, is not well founded on the basis of the sizable

differential provided between sergeants' base pay and the proposed

lieutenants' monthly salary.  The City's proposal allows sergeants to earn

nearly six percent more from overtime, and a 13 percent differential between

sergeants' base pay plus overtime and the lieutenants' salary would still

remain.  The arbitrator recognized, first, that sergeants' overtime pay is

confined to a substantial extent, to one sergeant, and second, sergeants

work irregular shift schedules on a rotating basis, including week-ends and

on holidays.  This latter hours arrangement cannot be disregarded, and, to

most persons including the current members of this bargaining unit will be

regarded as substantially less desirable or advantageous than the hours

arrangement now provided to lieutenants.  Furthermore, a comparison of

overtime earnings by the four or five sergeants other than the detective

sergeant indicated an even greater margin for the lieutenants pay over the

earnings of the sergeants including overtime pay, than the 13% noted above.

 

V.        CONCLUSIONS AND DECISION

 

                        The above data and evidence on salary levels, and

other economic information are preponderantly in support of the conclusion

that the Union's proposal is "too high" and substantially "out of line" with

comparable employees with other bargaining units.  The City's proposal, on

the other hand is at or very near the top, either in percentage wage

Increases or salary levels for Auburn Police lieutenants relative to that

obtained by other comparable employee groups and police

lieutenants/captains.  The arbitrator concluded that the City's proposal

mets the criteria in the statute, and accordingly decided that the salary of

employees in the lientuenant's bargaining unit should be $2685 per month,

effective on January 6, 1981.

 

                        The current "flexible" hours arrangement allows substantial discretion

to the lieutenants in completing their duties and meeting their

responsibilities.  To develop a set schedule of hours and to allow

overtime/compensatory time at one-quarter hour intervals and attempt to

maintain a "flexible" hours arrangement would be administratively unwise if

not impossible.  There is merit to the City's argument that lieutenants are

supervisors and a part of management, with an obligation to do the job even

if some "casual" overtime occurs beyond what nominal compensatory time may

be taken under the "flexible" hours arrangement.  This arbitrator was not

convinced that the extent of this "casual overtime" is presently burdensome

on the employee nor greater than what an individual In a responsible

supervisory role should anticipate.  The above salary level of $2685 under

usual and general circumstances, will provide a reasonable differential

between the salaries of lieutenants and those they supervise directly.

 

            On the other hand, there are certain aspects of a collective bargaining

relationship that should properly be recognized and reduced to writing.

Assignments of an unusual character and for an extended time beyond the

normal work period should be considered "extra," and provisions made in

advance on how these situations should be handled and compensated.  Although

the working relationships are such now that these assignments have not

occurred to an extensive amount, this situation may not always be the case,

especially if superiors to the lieutenants should change.  An agreement on

employment relationships should speak both to "normal" work loads and

responsibilities and to "extra"work assignments.  The extra work

assignments should not necessarily be considered "overtime," but work for

which extra compensation should be paid.

 

            On the basis of the above, the arbitrator has developed a section on

"regular hours of duty" and a section on "extra work assignments," in lieu

of an extended article on hours of work, overtime, compensatory time, and

other similar duty and compensation arrangements.  These are as follows:

 

            Article V         Duty Assignment

 

Section 1:        Regular Hours of Duty.

 

            The Chief of Police or his designee shall approve the regular work

week schedule for the members of the bargaining unit.  Members of the

bargaining unit shall be consulted in the development of such work week

schedules which shall establish the hours to be followed by the

employees in meeting the responsibilities of the positions to which they

have been assigned.

 

Section 2:        Extra Work Assignments.

 

A.        In the event an employee is directed by the Chief of Police or

his designee to work

 

            (a)        in excess of four (4) hours beyond the hours of any

            regular scheduled  work day , or

 

            (b)        in excess of four (4) hours on any regularly scheduled

            day for not working.

 

for all hours worked over eight (8) hours under (a) above or

for all hours worked under (b) above, the employee, at the

time said hours are worked, may elect

 

            (1)        to receive compensation at one and one-half his regular

            hourly salary rate, or

 

            (2)        to take compensatory time off at one and one-half the

            time worked for his regularly scheduled hours of work,

            provided the compensatory time is taken prior to the end

            of the next regular pay period.

 

B.        In the event an employee is directed by the Chief of Police or

his designee to work on a holiday, the employee shall be given

a day off from his regular work scheduled within thirty (30)

days after the holiday.

 

            In summary, it is the intent In Section 1 above to retain essentially

the current working arrangements so that employees in the unit are not bound

by a set schedule of hours from which no deviation may be made.  The

responsibilities of second and third level supervisors can be met and

carried out with some discretion on the part of the employee, who may well

be confronted with "casual overtime" in excess of any nominal compensatory

time.  Further, the administrative hassle of keeping track of and monitoring

the hours worked by lieutenants can be administratively and advantageously

avoided.  Furthermore, it is the intent of Section 2 that there may well be

times when the lieutenants will be required to work extra hours to meet an

emergency, or a series of unexpected events, and in line with the nature of

a collective bargaining agreement and the normal responsibilities and duties

of these employees at second and third level supervision, these extra hours

should be paid for by special salary arrangements or compensatory time.

 

            Finally, the arbitrator has taken into account the hours and working

conditions of the lieutenants, he has examined the factual data and evidence

on salary levels and recent increases in wages and salaries; he has looked

at the changes in the Consumer Price Index and the "cost of living."  The

prevailing practice and conditions in overtime and holiday pay in

neighboring cities were reviewed.  In addition, it was recognized that this

was the first agreement of a new bargaining unit of lieutenants, of which

were are no others among other comparable sized cities in the Seattle

metropolitan area.  All of these factors were combined to reach the

decisions set forth above on the monthly salary levels and the working

conditions specified under Article V -  Duty Assignments.

 

Sincerely,

 

 

Kenneth M. CmCaffree

 

KMM:mg

 

 

ATTACHMENT A

 

COUNTER CONTRACT PROPOSAL      

FROM LOCAL 117 TO CITY OF AUBURN

(LIEUTENANTS)

 

WAGES  Effective 1-6-81 increase wage to $2,825.33 per month.

 

ARTICLE V  HOURS OF WORK AND OVERTIME

 

Section 1.  HOURS OF DUTY.  -The Chief of Police shall establish regular work

schedules for the members of the bargaining unit, such that the working hours

for the employees shall be equivalent to forty (40) hours per week on an

annualized basis.  The normal workday shall be eight (8) hours inclusive of

the lunch period.

 

Section 2.  OVERTIME.   Except as otherwise provided in this Article, employees

shall be paid at the rate of time and one-half of their hourly base rate for:

 

            a.         all hours worked outside the regularly assigned eight (8)

                        hour shift in any one day;

 

            b.         all hours worked on a scheduled furlough day; and

 

All overtime must be authorized by the Chief of Police.  In all cases in

computing overtime, the nearest one-quarter hour shall be used.

 

Section 3.   If an employee is called back to duty he/she will be guaranteed

a minimum of three (3) hours at one-and one-half tinies his/her hourly base    

rate.

 

Section 4.  COURT   An employee required to testify in court on behalf

of the Auburn Police Department during off duty hours shall be paid a minimum

of three (3) hours at one and one-half -times his/her hourly base rate for such

attendance, except where such attendance is an extension of the end of his/her

regularly scheduled shift at which time normal overtime procedures will apply.

For court attendance in Seattle only, pay time shall-be based on portal to

portal from the Auburn Police Department to the court in Seattle and return.

 

Section 5.  Payment for authorized overtime hours worked shall be pay or com-

pensatory time at the employee's option, such option to be exercised at the

time earned.  Compensatory time shall be earned and accumulated at the rate of

one and one-half hours for each overtime hour worked.

 

All compensatory time accumulated by an employee in excess of forty (40) hours

as of the 30th of November each year shall be paid at the employee's then

current rate of pay on the first payday of December. At the option of the

employee, any or all of the remaining forty (40) hours may be paid at that

time, but no more than forty (40) hours of accumulated compensatory time be

carried past the 30th of November.

 

Section 6.        The City and the Union agree that the use of standby time shall be

consistent with sound law enforcement practices and the maintenance of public

safety.  Employees formally placed on standby status shall be compensated on the

basis of three (3) hours straight-time pay for eight (8) hours or fraction thereof.  If an

employee is actually called back to work, normal overtime shall apply in addition to

such standby premium.

 

ARTICLE VII - HOLIDAYS

 

Section 2.        Employees who are required to work on a designated holiday shall receive

one and one-half times their hourly base rate for hours worked and shall receive a furlough

day in lieu of that holiday worked at a time which is mutually agreeable to the employee and

the Chief of Police or his designee in writing by the employee and such requests shall be

answered in writing by the Chief of Police or his designee.  Said furlough day in lieu of a

holiday shall be taken within on (1) year of the date accrued.

 

Section 3.        A request to take a Floating Holiday may be made by an employee at any

time prior to a shift assignment for which it is to be used.  It may be approved by the unit

or Superior Officer so long as there remains the required number of personnel on duty for that

shift.

 

THE UNION RESERVES THE RIGHT TO ADD TO, DELETE, MODIFY OR AMEND ANY OF THESE

PROPOSALS DURING THE COURSE OF NEGOTIATIONS.

 

ARTICLE V

 

HOURS OF WORK

 

HOURS OF DUTY.  The Chief of Police or his designee shall approve regular work schedules

for the members of the bargaining unit.  Members of the bargaining unit shall be

expected to participate in development of such schedules which will establish the

normal work week within the responsibilities of the position.

 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.