INTEREST ARBITRATIONS

Decision Information

Decision Content

Seattle Fire Fighters Union, Local 27 IAFF

And

City of Seattle

Interest Arbitration

Arbitrator:      Phillip Kienast

Date Issued:   02/03/1983

 

 

Arbitrator:         Kienast; Philip

Case #:              04246-I-82-00092

Employer:          City of Seattle

Union:                IAFF; Local 27

Date Issued:     02/03/1983

 

 

IN THE MATTER OP ARBITRATION

 

                                                                                               

CITY OF SEATTLE                          )             OPINION AND AWARD

                                                                        )                               of

                                                                        )           Arbitration Board

            -and                                                     )               Conrad Clementson

                                                                        )               Carolyn Gorud

                                                                        )               Philip Kieuast, Chairman

Seattle Fire Fighters                                      )                      

UNION, LOCAL 27 IAFF                             )           February 3, 1983       

________________________________        )

                                                                                    RE :    Contract Terms

 

 

 

APPEARANCES

 

 

For the Union:

 

            Paul Harvey and Finley Young, Esq.

 

For the City

            Deborah Hankins, Assistant City Attorney

 

 

            This proceeding is pursuant to RCW 41.56 and the rules of the

American Arbitration Association.  A hearing in this matter was held

on December 9, 10 and 15, 1982 and the record closed on December 30,

1982 with receipt by the Chairman of post hearing memorandum requested

by the Board.  The following issues were stipulated for decision.

           

            Duration

            Hours

            Salary

            Uniform Allowance

            Premium Pay

            Medical Benefits

            Holiday Pay

 

            The Board met in executive session several times to deliberate the

award in this matter.  The Board carefully considered all the criteria

set out in RCW 41.56.

 

Duration

 

            The City proposed a one year agreement; the Union a two year agree-

ment with a wage reopener in the second year.  The Board initially

considered the possibility of a two year agreement with a fixed per-

centage or CPI formula wage increase in the second year.  However, a

development during the pendency of this proceeding required discarding

this possibility.  In November the Bureau of Labor Statistics (BLS)

reported the CPI-W for Seattle as 294.1--representing a -1.4% decrease

from September 1982 and only a 2.9% rise since November 1981.  By

contrast the September 1982 CPI-W was 298.3--representing a 1.8%

increase from July, 1982 and a 4.9% increase from the previous

September.  In July 1982 the CPI-W for Seattle stood at 292.9--repre-

senting a 1.4% decrease from May 1982, and a 5.4% increase since the

previous July.

 

            In the Chairman's view such an erratic pattern of change in the

CPI-W undercuts any attempts to set second year wages based on its

estimated or actual change by July 1983.  The stakes for both parties

are too high to set wages for 1984 on the recent performance of the

CPI-W for Seattle.

 

            The Chairman also rejects the idea of a two year contract with a

wage reopener.  In this proceeding the Union has placed heavy emphasis

on achieving an hours reduction through elimination of debit shifts.

The Chairman has concluded that granting an hours reduction in the 1983

agreement is not warranted for reasons that will be explained in more

detail in the hours section of this opinion.  He believes that to

restrict negotiations only to wages in the second year would improperly

deny the parties an opportunity to agree to an hours reduction as part

of an economic package settlement in the 1983 contract.  In the Chairman's

view leaving this and other matters open for discussion in bargaining

on a contract to be effective September 1, 1983 serves the interest of

both parties.  It will reduce the potential for impasse since the

parties will have a wide range of issues from which to construct a

mutually acceptable package.  Leaving only wages open increases the

potential for a deadlock to occur in 1983 negotiations.

 

            For the reasons set out above the duration of the Agreement will

be one year, September 1, 1982 to August 31, 1983.

 

Hours of Work

 

            Seattle fire fighters currently work a 45.7 hour work week.  The

Union proposal was for a reduction to 42.9 in 1983.  The City pointed

out that Seattle fire fighters already work the shortest work week

among the eight comparative cities as shown in Table 1.  The City also

argued that the proposed hours reduction would disrupt the work schedule

already in place for 1983.

 

            The Chairman finds that an hours reduction is not warranted at

this time primarily because Seattle already works the shortest work

week among the cities shown in Table 1.  These cities are the ones the

parties have traditionally used in negotiations and accordingly were

given the greatest weight in the Board's deliberations.  But even

compared with other cities in the Seattle-Everett area (C48) the work

week in Seattle is 3.3 hours per week below the average, with only

Everett having a shorter work week.

 

            Secondary reasons for rejecting the hours reduction requested by

the Union include the recent change to a 24 hour shift schedule and

the disruption it would cause in the 1983 schedule of the fire depart-

ment.  There was considerable disparity between the parties in the

estimated cost savings achieved with the introduction of the 24 hour

shift.  In the Chairman's view another year of experience with the

schedule will permit more accurate assessment of any cost savings and

hence permit a more productive discussion of whether identified savings

could be applied to an hours reduction.  If significant savings could

be confirmed in the coming months perhaps an hours reduction could be

negotiated in the 1984 agreement without requiring substantial con-

cessions by the Union in other areas of the economic package.

 

            Based on the evidence in the record of this proceeding, the

Chairman made it clear in the Board's discussions that any hours

 

Table 1

Monthly Salaries, Work Week, Hourly

Pates and Costs

 

______________________________________________________________________________

                                                                                                                                                            Urban

                                                                                                            Hours              Base                Family

                                                                                                            Per                  Hourly             Budget

City                                                     1972                1982                Week              Rate                Index a

_______________________________________________________________________________

Tacoma                                             $  959              $2,314               48                    $11.09 102

 

Oakland                                              1,081               2,274               52                      10.07 107

           

San Francisco                         1,161               2,258               48.7                    10.67            107

 

San Jose                                             1,036               2,217               56                        9.62            107

           

Portland                                                 986               2,211               56                        9.09            101

 

Long Beach                                        1,044               2,084               56                        8.56              98

 

Sacramento                                        1,010               1,970               56                        8.10              92

 

San Diego                                           1,002               1,786               56                        7.34              98

 

Average                                              1,035               2,139                 53.9                    9.32            101

(Excluding Seattle)

 

Seattle                                                            942                  2,240                 45.7                   11.28           102

(Comparative Ranking)                                                                                                   (1)                (1)

 

Overall percentage    138%

Increase 1971-1982

_____________________________________________________________________________

a Index of intermediate family budget (BLS) Fall 1981.

__________

 

reduction would require a commensurate adjustment in the wage-benefit

package, especially in light of Seattle's already top position in terms

of hourly wage rates as shown in Table 1.  In the final analysis the

Chairman decided that the record did not warrant any hours reduction in

the 1983 Agreement.

 

Salary

 

            The Board has considered the factors set out in 41.56 in arriving

at its decision.  Within that statutory framework the Board weighed

heavily the negotiating history of the parties and historic trends in

wages and working conditions of fire fighters in comparable cities   As

regards the former, the record discloses that since 1972 the salaries

for Seattle fire fighters have risen 6% less than the CPI-W.  However,

the pattern in recent years has differed from the early 1970's.  Between

1970 and 1975 salaries rose faster than the CPI; but between 1976 and

1981 they rose slower than the CPI-W.  Accordingly, near term trends

indicate the parties have previously found it reasonable to agree to

salary increases less than the increase in the CPI.

 

            The negotiating history of the parties also reveals that the parties

have found it reasonable to agree to salary increases that were the same

as increases achieved by police officers.  Between 1950 and 1981 the

journeyman salary for fire fighters and police officers has been

identical (C73).  The important point is not the reasons why the

parties agreed to salary increases commensurate to that of police

officers; rather, it is that in the end they did agree to salary

increases that were in tandem with those of police officers.  Moreover,

past reductions in fire fighter hours have not resulted in breaking

this pattern of parity.

 

            In light of the foregoing the Chairman finds that, absent any

other compelling reasons, the salary increase to be awarded as a result

of this proceeding should be comparable to that negotiated by the City

with police officers, namely, a 4.3% base salary increase retroactive

to September 1, 1982 and a further adjustment on March 1, 1983 as

follows:

 

            Fire fighter     30

            Lieutenant      35

            Captain           38

 

            The City presented no persuasive evidence why its offer of a 2.0%

increase was reasonable in light of its past negotiating history.  It

argued from fiscal data that its ability to pay was severely limited,

yet it agreed to a 4.76% pay increase for police based on the same fiscal

picture.  It argued that on a per hour basis that its fire fighters

were the best paid in comparison with most other relevant cities.  Yet,

it took their agreements over time to make this happen.  The City did

not show by the evidence that conditions had changed so dramatically

as to warrant a substantial change in its compensation policy for fire

fighters.

 

            Likewise, the Union presented no persuasive evidence as to why an

increase of salary in excess to that given police officers was warranted.

The Union argued that the productivity of the average fire fighter had

increased, e.g. more inspections; that the skill and knowledge had

risen, e.g. learn fire code and emergency medical care.  Yet in the

final analysis, the record suggests that prior negotiations have con-

sidered these changes.

 

            An analysis of Table 1 discloses that in 1972 Seattle ranked

at the bottom of the nine cities shown in Table 1; in June 1982 it

ranked fourth.  In terms of base hourly rate Seattle ranks number 1.

Since 1972 Seattle's monthly salary has risen 31% more than the average

for the other 8 cities.  Taken together the data in Table 1 strongly

suggest that the quality and quantity of work done by Seattle fire

fighters has been accounted for in past salary adjustments.

 

Uniform Allowance

 

            Regarding uniform allowances, the City proposed a $25 increase in

both the initial and annual allowance.  By contrast, the Union proposed

the City purchase all clothing and protective equipment needed by a

fire fighter and reduce the current allowance from $250 to $150.

 

            In the Chairman's view the Union proposal calls for a substantial

departure from the status quo.  In essence the Union is proposing that

a quartermaster system be instituted.  When a party proposes such a

departure from past agreements it bears the burden of proving that the

change is warranted and reasonable.

 

            The evidence (U29 and C55) discloses that the main difference

between Seattle and comparative cities is that Seattle pays little for

uniform and equipment initially, but provides one of the highest annual

maintenance allowances at $250.  In light of this evidence the Chairman

concludes that the initial uniform allowance should be raised by $300

to $650 and the annual replacement allowance from $250 to $290.  This

would make the initial uniform costs in Seattle comparable to that

in Tacoma and Portland but less than the average for California cities

where a substantial portion of initial costs are subsidized by the

State.  It would also make the total annual costs comparable to the

$50 per month increase provided in the 1982 police agreement.

 

Premium Pay

 

            The Union argued for a series of improvements in the premium pay

schedules in the agreement.  The City contended no improvements were

necessary.  The weight of the evidence favors the City's position in

the Chairman's view.  Overall, Seattle fire fighters working in various

specialties enjoy premium pay and/or reduced work hours that compare

very favorably to those enjoyed by fire fighters in cities to whom they

compare (C62-65 and U30).  No new premiums, therefore, are awarded.

 

Holidays

 

            Seattle fire fighters are currently paid at 11/2 for hours worked

on 6 of 11 designated holidays in the Agreement.  The Union argued

that they be paid at 11/2 for all holidays worked.  The City contends

no change is warranted, however, they did agree to adding one more

holiday at 11/2 in their settlement with the police.  The Chairman

takes the view that this agreement points to a similar award here.

When this additional item is added together with the other items

awarded above the economic package awarded would be comparable with

the one the City agreed to with the police officers--a package repre-

senting approximately a 5.6% increase over 1982 compensation levels.

 

Medical Benefits

 

            The parties are in agreement that the City continue to pay 100%

of the medical and dental premiums for the coverage set out in the

contract.  However, the Chairman concludes that the total package

awarded here should not exceed that negotiated in the police contract.

He therefore denies this request and related changes in the contractual

sick leave policy.

 

 

                                                            AWARD

 

Duration:        1 year

 

Salary:            4.3% base salary increase retroactive to September 1, 1982

 

                        Effective March 1, 1983 base monthly salaries to be increased:

 

                                    $30 for fire fighters

 

                                    $35 for lieutenants

 

                                    $38 for captains

 

Medical and dental:   100% payment of medical and dental premiums

                        retroactive to September 1, 1982

 

Uniform Allowance:   Raise initial allowance to $650 and annual allowance

                        to $290

 

Holiday pay:   Increase from 6 to 7 the number of days on which a fire

                        fighter is to be paid 1« when that holiday is worked.

 

 

All other proposals are summarily denied by the Board.

 

 

Conrad Clementson

Carolyn Gorud

Philip Kienast,    Chairman

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