INTEREST ARBITRATIONS

Decision Information

Decision Content

City of Clarkston

And

International Association of Fire Fighters, Local 2299

Interest Arbitration

Arbitrator:      Timothy D.W. Williams

Date Issued:   05/03/1982

 

 

Arbitrator:         Williams; Timothy D.W.

Case #:               03766-I-81-00086

Employer:          City of Clarkston

Union:                IAFF; Local 876

Date Issued:     05/03/1982

 

 

IN THE MATTER OF THE                         )           DECISION AND AWARD

                                                                                    )

INTEREST ARBITRATION                                   )           OF THE ARBITRATOR

                                                                                    )

BETWEEN                                                                 )

                                                                                    )

INTERNATIONAL ASSOCIATION OF                )          

FIRE FIGHTERS, LOCAL 2299                             )

                                                                                    )          

 "THE UNION"                                                        )

                                                                                    )

AND                                                                           )

                                                                                    )          

CITY OF CLARKSTON, WASHINGTON )

                                                                                    )

"THE CITY" OR "THE EMPLOYER"                  )

           

 

HEARING:                            April 3, 1982

                                                Nendels Motel

                                                222 Bridge Street

                                                Clarkston, Washington 99403

 

BRIEFS:                                 None

 

PANEL MET:                        April 19, 1982

                                                Spokane City Hall

                                                Spokane, Washington

 

 

ARBITRATION PANEL:

                                                           

Impartial Arbitrator                           For the

and Chairman                         Fire Fighters   For the City

Timothy D. W. Williams                    Mr. Ken Strong                      Mr. Scott Broyles

Suite 286 The Water Tower              N. 2004 Hamilton                   901 Sixth Street

5331 S.W. Macadam Ave.                 Spokane, WA 99201              Clarkston, WA 99403

Portland, OR 97201

 

REPRESENTING THE FIRE FIGHTERS:

                                                Mr. Dan Downs, Spokesperson

 

REPRESENTING THE CITY:

                                                Mr. Roy Wesley, Spokesperson

 

WITNESSES FOR THE FIREFIGHTERS:

                                                Mr. Dave McConnell, President, Local 2299

                                                Mr. Rolin Heytvelt, Secretary/Treasurer,

                                                            Local 2299

                                                Mr. Steve Heninger, Captain

 

WITNESSES FOR THE CITY:

                                                Mr. Robert Berreman

                                                Mr. Leonard Burrell

                                                Ms. Betty Erikson

                                                Mr. Robert Andersen

                                                Mr. Al Kruger

                                                Mr. Niel Ausmann

 

EXHIBITS:

 

Joint

1          1980-81 Agreement

2          1982 Budget

3          Washington Collective Bargaining Statute

4          Tentative Agreement

 

Firefighters

1          Civil Service Ordinance

2          1973 Budget Document

3          Annual Fire Report for 1981

4          Job Descriptions for Firefighters (not official)

5          Potlatch Corporation

6          Cleaning Receipts

7          Medical Insurance Figures

8          Firefighters' Time Cards for Vacation

 

City

1          Legal Problems with the Agency Shop Provision

2          Walla Walla County

3          Teamsters & Colville, Washington

4          City of Everett Arbitrator's Award, February 11, 1981

5          Elkouri & Elkouri, pp. 391-392

6          Average Firefighters Hours Worked

7          Article VIII from Current Agreement

8          Association's Proposed Language

9          Unique Features of Clarkston

10        Comparable Cities

11        Association of Washington Cities, pp. 40-41

12        Salary Analysis, Lewiston

13        Salary Analysis, Toppenish

 

City Exhibits (Continued)

 

14        Salary Analysis, Ontario

15        Salary Analysis, LeGrande

16        Salary Analysis, Pendleton

17        Salary Analysis, Susanville

18        Salaries, City Employees, Clarkston

19        Overview of Increases for Fire Department

20        Wage Comparison for Six Cities

21        1982 Wage Increases, Asotin City

22        Hospital Wages

23        Labor Relations Report, January 1982

24        Effect on Wages of Proximity to Major Urban Area

25        CPI Data 1975-1982

26        Cost of Living Study, March 1981

27        City Budget Discussion

28        Picture of City Roads

29        Great Slow Down of Fiscal Growth

30        Management Rights Proposal

31        Dave McConnell Letter, August 15, 1981

32        Fire Chief Letter, August 19, 1981

33        Dave McConnell Letter, August 19, 1981

34        Fire Chief Letter, August 21, 1981

35        Dave McConnell Letter, August 24, 1981

36        Fire Chief Letter, August 27, 1981

37        Prior Interest Arbitration Awards

38        Elkouri & Elkouri, pp. 416-417

 

                                                ISSUES IN DISPUTE

 

            Article IV        Union Security

            Article VII      Prevailing Rights

            Article VIII     Hours of Duty

            Article XIII     Advanced Life Support

            Article IX        Wages

            Article XIV     Clothing Allowance

            Article XIX     Life Insurance

            Article XXI     Holidays

            Article XXII    Medical Coverage Plan

            Article XXV    Vacation

            Article XXXII Management Rights

 

                                                INTRODUCTION

 

            During prehearing conference the parties stipulated that they

had accepted the language from the expired agreement on Duration

and had agreed on a two year contract (January 1, 1982 to

December 31, 1983). The parties also stipulated that the cost

of living data they used is the May to May CPI-W All Cities. The

Arbitrator received from the parties after the hearing a copy

of the tentative agreements for the new contract. The Arbitrator

listed that document as Joint Exhibit 4.

 

            RCW 41.56.450 provides that:

 

            The neutral chairman shall consult with the

            other members of the arbitration panel and,

            within thirty days following the conclusion

            of the hearing, the neutral chairman shall

            make written findings of fact and a written

            determination of the issues in dispute, based

            on the evidence presented. A copy thereof

            shall be served on the commission, on each

            of the other members of the arbitration

            panel, and on each of the parties to the

            dispute.

 

            The neutral chairman consulted with the other members in a

day-long conference held in a meeting at City Hall in Spokane,

Washington. The following award is a response to the arguments

and evidence presented by the parties, the discussions of the

arbitration panel, and the application of the criteria which

RCW 41.56.460 requires the Arbitrator to use when rendering an

award.

 

                                    ISSUES, DISCUSSION AND AWARD

 

ISSUE 1. UNION SECURITY

 

A.        Proposals: The Fire Fighters proposed an agency shop provi-

            sion which requires that each member of the bargaining unit

            who is not a member of the union pay a fee equal to the

            union dues. Union membership is not a requirement. The

            proposed language provides a protection for those with bona-

            fide religious tenets on non-association.

                        The City argued against including this proposal in the

            labor agreement.

 

B.        Discussion: This issue would currently have no impact on

            either the City or the Union as all of the present members

            of the bargaining unit are also members of the Union. This

            provision could have an impact on future employees who would

            choose not to join the Union. Therefore the arguments of

            both parties focused on the potential future problems that

            could be encountered if the labor agreement did or did not

            have a union security provision.

                        The Arbitrator is convinced by the arguments of the

            Union that a union security provision should be included in

            the contract. Simply put, the agency shop requires that each

            member of the bargaining unit contribute an equal amount

            towards the purchase of the services provided those members by

            the Union. The law requires, under the principle of "duty

            of fair representation," that the Union provide its services

            equally to all members of the bargaining unit regardless of

            union membership. Fairness dictates that the members of

            the unit share equally these costs. City Exhibit 1 pro-

            vides an analysis of the court's reaction to an agency shop

            in public employment. The courts have clearly upheld the

            agency shop. Moreover, evidence presented indicated that an

            agency shop provision is found in a large number of public

            sector labor contracts.

                        The City argued that it did not want to be placed in the

            position of having to make union membership or union fees

            a condition of employment. The City expressed concern over

            the potential for litigation of an agency shop provision. The

            Arbitrator has some sympathy for these arguments but notes again

            the court decisions which have upheld the agency shop. More-

            over, the problem of potential litigation does not sway the

            Arbitrator. The potential for litigation is widespread

            throughout a labor agreement and that fact does not address

            the fundamental question of appropriateness or fairness.

 

C.        Award: The Arbitrator is awarding the agency shop provision

            as proposed by the Union with some editing to eliminate

            redundancy. This provision reads:

 

                                    ARTICLE IV - UNION SECURITY

 

            Any permanent employee who is not a member of

            the union, shall as a condition of employment,

            pay the union a monthly service charge equal

            to the monthly union dues as a contribution

            towards the administration of this agreement.

 

            The right of non-association of employees, based

            on bonafide religious tenets or teachings of a

            church or religious body of which such employee

            is a member, are safeguarded. Such employee

            shall pay an amount of money equivalent to

            regular union dues and initiation fee to a

            non-religious charity or to another charitable

            organization mutually agreed upon by the

            employee affected and the union.

 

            The employee shall furnish written proof that

            such payment has been made by the 15th of each

            month.

 

            If the employee and the union do not reach

            agreement on such matter, the Public Employment

            Relations Commission shall designate the

            charitable organization.

 

ISSUE 2. PREVAILING RIGHTS

 

A.        Proposals. The expired agreement contained the following

            prevailing rights:

 

                                                PREVAILING RIGHTS

 

            All rights, privileges and working conditions

            enjoyed by the Employees at the present time,

            which are not included in the Agreement shall

            remain in full force, unchanged and unaffected

            in any manner, during the term of this Agree-

            ment, unless changed by mutual consent.

 

            The City proposes deleting this provision and the

Fire Fighters argued to retain it.

 

B.        Discussion: The Arbitrator is awarding language which pro-

            vides a "prevailing" rights to monetary benefits and provides

            for discussion of any proposed changes of working conditions.

            The Arbitrator was convinced by the City arguments that the

            existing language was unnecessarily vague, broad, and had

            great potential for unnecessary conflict. The Arbitrator's

            awarded language protects existing monetary benefits with the

            requirement of mutual consent for change. This language is

            consistent with the mandatory nature of any item involving

            compensation. While the Arbitrator's language removes the

            restriction of "mutual consent" from attempted changes to

            working conditions, the language does require discussion

            prior to any implementation. Clearly the employees through

            their union should be allowed to provide input into any

            proposed change prior to the finalization of that change.

 

C.        Award. The Arbitrator awards the following contract langu-

            age:

 

                                    ARTICLE VII - PREVAILING RIGHTS

 

            Monetary benefits enjoyed by members of the bar-

            gaining unit at the time of the execution of

            this agreement which are not included in the

            agreement shall remain in full force, unchanged

            and unaffected in any manner, during the term

            of this agreement, unless changed by mutual

            consent. The City agrees to discuss with the

            union any changes in working conditions prior

            to implementing those changes.

 

ISSUE 3. HOURS OF DUTY

 

A.        Proposals: The Fire Fighters propose a reduction in hours

            of duty for those firefighters with a 24 hour duty shift

            from 56 hours per week to a 55.538 hour week. This would

            be accomplished by giving each fire fighter one 24 hour shift

            off each year, scheduled by the Fire Chief at his conven-

            ience. The City argued for the retention of current langu-

            age.

 

B.        Discussion: The Arbitrator is persuaded by City arguments

            to retain existing language. Union contention that the

            Assistant Fire Chief could fill in on shifts was not per-

            Chief already spends a large portion of his time filling in

            on shifts and is therefore unavailable during this time for

            administrative duties. The Union proposal would result in

            an even greater loss from the administrative duties.

                                                More importantly, the Arbitrator carefully reviewed

            comparable cities and could find no support for a change from

            those comparable. The Arbitration Panel, during its meeting

            on April 19, agreed upon the following list of comparable

            which are presented along with their hours of work.

            Toppenish, WA          54

            Pullman, WA              56 (46)

            Lewiston, ID               56

            LaGrande, OR           56

            Pendleton, OR            56

            Ontario, OR               56

            Cheney, WA               56

            Moses Lake, WA      54

 

            Pullman, Washington, according to testimony presented

at the hearing, has recently gone through a change, but the

information on that change was not clear and so the Arbitra-

tor excludes Pullman from the analysis on the issue. The

average of the above data (less Pullman) is 55.42 hours per

week which would appear to justify the proposal of the Union.

However, the Arbitrator finds that the norm (the figure that

occurs most often) is the more appropriate statistical measure

in this case. Fifty-six appears five times and fifty-four

appears twice. Clearly fifty-six hours is the general

standard for these cities and therefore the Arbitrator will

not provide any change.

 

C.        Award: The Arbitrator directs the parties to retain the

            language on this issue from the most recently expired labor

            agreement.

 

ISSUE 4. ADVANCED LIFE SUPPORT

 

A.        Proposals: The Fire Fighters request the following contract

            language:

 

            A.        Employees who obtain and maintain

            certification as a State of Washington

            "Physician's Trained Mobile Intravenous

            Therapy Technician" shall receive thirty

            dollars ($30.00) per month.

 

            B.        Employees who obtain and maintain

            certification as a State of Washington

            "Airway Management Technician , shall

            receive thirty dollars ($30.00) per month.

 

            The City argued to retain the current provision which

provides $25 per month benefit for each of the above.

 

B.        Discussion: The City position, if implemented, would trans-

            late into a "freeze on the level of this stipend for a four

            year period. The $25 stipend went into effect in January of

            1980, remained the same in 1981 and, as proposed by the City,

            the same in 1982 and 1983. Meanwhile the salary schedule has

            increased each year. The result is that compared to salary,

            this stipend has decreased (calculated as a percentage of

            salary). The Arbitrator is convinced by Fire Fighter argu-

            ments on this issue. The City pays, with this stipend, for

            a valuable skill and for the same reasons that the salary is

            adjusted upward, the compensation for these unique skills

            ought also to be adjusted.

 

C.        Award: The Arbitrator directs the parties to place the fol-

            lowing language in their labor agreement:

 

                        A.        Employees who obtain and maintain certi-

            fication as a State of Washington "Physician's

            Trained Mobile Intravenous Therapy Technician

            shall receive $27.50 per month commencing with

            the month of May 1982 and $30.00 per month begin

            ning with the month of January 1983.

 

                        B.        Employes who obtain and maintain certi-

            fication as a State of Washington "Airway Manage-

            ment Technician," shall receive $27.50 per month

            commencing with the month of May 1982 and $30.00

            per month beginning with the month of January 1983.

 

ISSUE 5. WAGES

 

A.        Propsoals: The City offers to increase wages by 7% in 1982

            and by a figure which is 80% of CPI-W All Cities 1981-82,

            not to exceed 7%. The City also proposes to provide 3% for

            increases in medical insurance in 1982 and no increase in

            1983.

 

            The Fire Fighters outlined their wage proposal as follows:

 

            January 1, 1982 the wges for all positions

            listed in the 1982 wage schedule shall be

            increased by an amount equal to 90% of the

            increase in the "all cities" consumer price

            index for urban wage earners as measured

            from May 1980 to May 1981.

 

            The above amount shall be increased $75.00 on

            January 1, 1982, $50.00 on July 1, 1982 and

            $25.00 on October 1, 1982.

 

            January 1, 1983 the wages for all positions

            listed in the 1982 wage schedule, as modified

            last on October 1982, shall be increased by an

            amount equal to 90% of increase in the "all

            cities" consumer price index for urban wage

            earners as measured from May 1981 to May 1982.

            The above amount shall be increased $50.00 January

            1983 and $25.00 on July 1, 1983.

 

C.        Discussion: RCW 41.56.460 provides the criteria by which

            the Arbitration panel must reach its decision. The criteria

            which are directly applicable to the issue of wages are the

            following:

                        (c)        Comparison of wages, hours and condi-

            tions of employment of the uniformed personnel

            of cities and counties involved in the proceed-

            ings with the wages, hours, and conditions

            of employment of uniformed personnel of cities

            and counties respectively 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 cir-

            cumstances during the pendency of the proceed-

            ings.

                        (f)        Such other factors not confined to the

            foregoing, which are normally or traditionally

            taken into consideration in the determination

            of wages, hours and conditions of employment.

 

            The arguments of the parties focused almost entirely on the

above criteria. The Arbitrator used those criteria, the argu-

ments of the parties and the input of the Arbitration Panel

members to determine the final award on this issue.

                        Comparability is a key criteria which the Arbitrator is

required to use. The cities which the panel established for

basis comparability are listed under the discussion of

Issue 4. The panel chose those cities for several reasons.

Size was a key factor and most of these cities are closely

related in size. RCW 41.56.460.C refers to cities on the west

coast and does not limit the comparison to the state of Wash-

ington. Therefore, the comparisons included three Oregon

cities of similar size in the eastern part of the state. The

panel also limited its comparables to cities east of the

mountains finding that in both Oregon and Washington the

mountains provide not only a physical boundary but also a

socio-political boundary. Finally, the panel included Lewis-

ton and Pullman because they constitute the immediate neigh-

bors to Clarkston and also comprise the marketplace within

which the Clarkston City employees purchase their goods and

services.

            The comparables and their current salaries for the top

Fire Fighters class in 1972 are listed below.

 

            Moses Lake                                     1703

            Cheney                                              1599

            Pullman                                             1529

            Pendleton                                          1523

            LaGrande                                          1469

            Toppenish                                         1433

            Lewiston                                            1413

            Ontario                                              1065

                                       Average                 $1467

 

            Currently the top fire fighter in Clarkston is making

$1283. The parties have agreed to eliminate the $30 EMT

stipend because all firefighters are now required to be EMT.

The $30 is to be added into the salary schedule which gives

a current salary figure of $1313 for a First Class Fire

Fighter The panel is awarding a 9% across-the-board

increase which provides a salary of $1431. $1431 places

Clarkston third from the bottom of the eight cities. It

also places Clarkston just below Toppenish and just above

Lewiston.

            Increase in cost of living is a second factor that the

Arbitrator is required to use. The parties stipulated that

they use the May to May CPI-W as their measure of increase in

the cost of living. May 1980 to May 1981 CPI-W All Cities

was 9.8%. The City argued that this figure ought to be

reduced because the CPI overstates the increases and the

Arbitrator would agree. However, the Arbitrator notes that

the cost of living data combined with the comparability

data fully justifies the 9% increase.

            The City offers for the second year of the agreement 80%

of CPI-W May 1981 to May 1982, with a limit of 7%. The

Arbitrator feels that 80% is too low, primarily because

recent CPI data indicates an actual drop in cost of living.*

That drop however is directly related, among other factors,

to a dramatic decline in home prices and home mortgage rates.

The City, in its brief, indicates that rising home and home

mortgage costs are a major contributor to overstatement. How-

ever, likewise, declines in home and home mortgage costs result

in an understatement of the increases in the cost of living.

 

*          Bureau of Labor Statistics Pacific Cities and U.S. City

            Average, March 1982. Released April 23, 1982

 

The Union uses a figure of 90% of CPI-W which the Arbitrator

projects to be a more accurate figure. Therefore, for the year

beginning January of 1983 the Arbitrator directs the parties

to give the salaries an across-the-board adjustment equal to

90% of CPI-W (urban wage earners and clerical workers) U.S.

city average.

            The final criteria that the Arbitrator is required to use

is the catch all category of "such other factors . . . normally

taken into consideration. Two such factors are important in

this dispute. First is the concern of the City over its

ability to pay. The panel was very mindful of that factor

during its considerations. The comparability data and cost

of living data would both support a greater increase than

that provided. Yet the financial condition of the City

tempered those factors with the resulting award.

            Second, the City also expressed the need to keep a

balance between the increases granted to the different employee

groups. While the Arbitration Panel took note of that con-

cern, Washington statute does not establish as a critical

variable the salaries provided all other employee groups.

The fact that the employee groups are separate bargaining

units requires that they be treated individually.

 

C.        Award: The Arbitrator awards the following salary increase:

 

            Retroactive to January 1, 1982 the wages for

            all positions listed in the 1981 wage schedule

            shall be increased by thirty dollars ($30) and

            then increased again by nine percent (9%).

 

            January 1, 1983 the wages for all positions

            listed in the 1982 wage schedule shall be

            increased by an amount equal to 90% of the

            increase in the "all cities" consumer price

            index for urban wage earners as measured from

            May 1981 to May 1982. This increase is limited

            to a maximum of 7%.

 

ISSUE 6. CLOTHING ALLOWANCE

 

A.        Proposals: The only portion of this article that is in

            dispute is the cleaning allowance. The Fire Fighters propose

            that the following new paragraph be added to the old Article:

 

                        All bedding, uniforms, protective clothing

                        and devices required of employees in perform-

                        ance of their duties, and cleaning thereof

                        shall be furnished by the employer.

 

            The City argued that the cleaning provision in the letter

of understanding signed by the parties December 22, 1980,

should now be included as a single sentence addition to

Article XIV. That cleaning provision provided $15.03 per

man per month for cleaning.

 

B.        Discussion: Evidence presented at the hearing demonstrated

            that the current cleaning allowance was not being fully

            utilized. The Union believed that the City was holding back

            on some of the allowance. Yet the evidence established that

            the Fire Chief had not refused to clean any item requested.

            Since the Fire Fighters are not fully utilizing their current

            allowance, the Arbitrator cannot award an increase or an

            open-ended provision.

 

C.        Award: The new agreement should contain a paragraph B for

            Article XIV - Clothing Allowance. Paragraph B will read:

 

B.        Employer shall provide a cleaning allow-

            ance for the cleaning of duty uniforms in

            the sum of $15.03 per month per man. Said

            cleaning allowance is to be administered by

            the Fire Chief, at his discretion.

 

ISSUE 7. LIFE INSURANCE

 

A.        Proposals: The Fire Fighters propose an increase in City

            paid life insurance from $10,000 to $20,000. The City argued

            to retain the existing benefit.

 

B.        Discussion: Comparability is the critical question on this

            issue. How does the City's life insurance benefit compare

            with the comparable cities as established by the Arbitration

            Panel? That comparison is as follows:

            Pendleton                                      $10,000

            Lewiston                                       5,000

            Toppenish                                     5,000

            Ontario                                         10,000

            LaGrande                                     10,000

            Pullman                                         10,000

            Moses Lake                                 10,000

            Cheney                                         None

 

            The above data clearly shows that the City is comparable

with its current program and therefore the Arbitrator will

not order a change.

 

C.        Award: The Arbitrator directs the parties to retain the exist-

            ing life insurance benefit.

 

ISSUE 8. HOLIDAYS

 

A.        Proposals: The Fire Fighters propose raising the holiday pay

            from $55 to $65 for 1982 and from $65 to $75 for 1983. The

            City argued to retain the current stipend of $55.

 

B.        Discussion: A careful review of the data presented by the

            parties to the Arbitration Panel was inconclusive. The data

            demonstrated that each city in the list of comparables has

            its own unique holiday plan. An accurate comparison based

            on the limited data available for those eight cities is just

            not possible.

                        The Arbitrator does find that this issue can be evaluated

            in the same manner as the salary schedule. Increases in

            holiday pay ought to reflect increases in the salary schedule.

            This would clearly happen for a regular employee who would

            receive time and a half on a holiday. As this employee's

            basic salary goes up, so will his holiday pay. The Arbitra-

            tor will therefore direct an increase of $5 in 1982 and

            another $5 in 1983. The $5 in 1982 is roughty 9% - the

            same as the increase in salary. The $5 in 1983 is greater

            than the increase in salary for that year, but still justi-

            fied on the basis that while salary went up in 1981 by 7%,

            holiday pay did not.

                        The Arbitrator was not persuaded by the Fire Fighters

            claim of discrimination. Clearly when the mayor gives the

            secretarial staff or other forty hour per week employees

            Friday afternoon off (which certainly does not happen often)

            but does not provide a similar time off to the Fire Fighters,

            the Fire Fighters lose out on a benefit enjoyed by other

            employees. However, the fifty-six hour week has its own

            special pluses which would not necessarily be enjoyed by

            the other City employees. In this case the minuses need

            to be accepted with the pluses.

 

C.        Award: The Arbitrator directs the parties to change

            Article XXI - Holidays to read as follows:

 

                        All members of the Clarkston Fire Department,

                        Local 2299, shall be entitled to twelve (12)

                        paid holidays. Each member shall receive

                        sixty dollars ($60.00) per holiday pay, payable

                        on the first pay period following the holiday.

                        This increase to take effect May of 1982.

                        Beginning January 1983, holiday pay will be

                        sixty-five dollars ($65.00). Designated

                        holidays shall be as follows:

 

                                    1.         New Years Day

                                    2.         Lincoln's Birthday

                                    3.         Washington's Birthday

                                    4.         Memorial Day

                                    5.         Columbus Day

                                    6.         Independence Day

                                    7.         Labor Day

                                    8.         Veterans Day

                                    9.         Thanksgiving Day

                                    10.       Day after Thanksgiving

                                    11.       Christmas Day

                                    12.       Floating Holiday of Employee's Choice,

 

                        and any day designated by the public proclama-

                        tion of the Chief Executive of the State or the

                        Mayor of the City of Clarkston, as a legal holi-

                        day or a day of Thanksgiving.

 

ISSUE 9. MEDICAL COVERAGE PLAN

 

A.        Proposals: Currently the City provides employee medical for

            Fire Fighters, along with employee and dependent dental with

            orthodontia. Dependent medical is available at the

            employee's expense. The Fire Fighters propose maintaining

            the same medical/dental program but having the City pick up

            67% of the premium for full family medical in 1982 and all of

            full family medical in 1983. The City proposes to maintain

            current programs but to pick up 33% of dependent medical in

            1982 with no additional increase in 1983.

 

B.        Discussion: Comparability is again a critical question on

            this issue. The comparable cities and their medical/dental

            programs are as follows:

 

Employer pays full family coverage

                                                               Medical                   Dental

            Toppenish                                  100%                       100%

            Lewiston                                    100%                       0%

            Pendleton                                   100%                       0%

            Ontario                                      100%                       0%

            LaGrande                                  100%                       100%

            Pullman                                      100%                       100%

            Cheney                                      70%                         100%

                                                               (95% in 1983)          (employee only)

            Moses Lake                              100%                       100%

 

            Clearly Clarkston is not comparable to these other

cities. However, the City argued that comparison should be

made between the costs of programs because the cost re-

flected the quality of the programs. The City's programs

are high quality and costly. The data available on cost

is one year old but shows Clarkston paying a total premium

of $75.35, Toppenish $145.19, Pullman $114.00, Cheney $97.48,

and Moses Lake $155.50.* Data on the other cities is not

available. The 1982 data would undoubtedly show an increase

in the above data.

 

*From 1981 Salary Survey, Washington Local Government

Personnel Institute

 

Based on this comparability data the Arbitrator will

award a two step increase in medical benefits. To soften

the financial impact on the City, the Arbitrator's award

will take effect on July 1, 1982 and July 1, 1983. The

Arbitrator's award is a flat sum amount that should bring

the City into comparability with the dollar amount paid for

benefits by the other cities by 1983.

 

C.        Award: The Arbitrator awards the following changes in the

            medical/dental program:

 

                                    The Employer agrees to keep in force and con-

                        tinue full payment for the present Fire Fighter

                        Medical/Dental program, Medical plan to be

                        in accordance with R.C.W.

 

                        Beginning July 1, 1982, the Employer will

                        pay $40 towards the premiums of medical

                        insurance for dependents of employees who wish

                        to participate in the medical coverage plan.

 

                        Beginning July 1, 1983, the Employer shall

                        pay $80 towards the premiums for medical

                        insurance for dependents.

 

ISSUE 10. VACATION

 

A.        Proposals: The Fire Fighters propose the following vacation

            schedule:

 

                        Paid vacation leave accrual per year shall be

                        as follows:

 

            Years of Employment                                 Vacation Accrued

                                    1 year                                         4 shifts

                                    2 years                                       6 shifts

                                    3 years                                       8 shifts

                                    6 years                                       10 shifts

                                    8 years                                       12 shifts

                                    15 years                                     15 shifts

 

            Vacation time may not be accumulated beyond the

            calendar year in which it is earned except for

            the first year, and except by the employee

            securing advance permission from the employer,

            or when the employee cancels or postpones his

            vacation at the request of the employer.

 

            The City accepts the changes in language but argued for the

following accrual:

 

            Years of Employment                    Vacation Accrual

                                    1 year                                         3 shifts

                                    2 years                                       5 shifts

                                    7 years                                       8 shifts

                                    15 years                                     10 shifts

 

B.        Discussion: Two factors are important with this issue.

            First is the translation from the existing contract langu-

            age which uses weeks of vacation as opposed to shifts. Both

            parties agree to change to shifts. A guiding principle for

            this change is the fact that a firefighter's workweek is 40%

            longer than other City employees (40 hours vs. 56 hours).

            Therefore one week of vacation should also provide for a Fire

            Fighter 40% more hours. Currently Fire Fighters receive:

 

            Duration                                 Current                       Translated

            of Employment                       Benefit                        to Hours

            1 year                                      one week                    56 hours

            2 years                                    two weeks                   112 hours

            7 years                                    three weeks                168 hours

            15 years                                  four weeks                  224 hours

 

            The proposals of the two parties are as follows:

            City 's                                                             Fire Fighters

            Duration                     Proposed                     Duration                     Proposed

            of Employment           Benefit                        of Employment           Benefit

            1 year                          72 hours                      1 year                          96 hours

            2 years                        120 hours                    2 years                        144 hours

            7 years                        192 hours                    3 years                        192 hours

            15 years                      240 hours                    6 years                        240 hours

                                                                                    8 years                        288 hours

                                                                                    15 years                      360 hours

 

Clearly the City's proposal is more comparable and superior

than the existing benefit. (The Arbitrator does distinguish

between the existing contractual benefit and the existing

practice which often provides actual hours off greater

than the benefit. He can find no basis in fact for this

increased benefit.)

            The second important factor concerns the question of

comparability. Is the actual amount of vacation comparable

to the other cities used for comparison purposes. The Arbi-

trator carefully reviewed the comparative data and found

great diversity. He concluded after careful study that at

the low end there is a lack of comparability but not at the

high end. Adjustments are therefore made.

 

C.        Award: The Arbitrator directs the parties to place the fol-

            lowing vacation article in the contract:

 

                                    ARTICLE XXV         VACATION

 

Years of Employment                                    Vacation Accrual

            1 year (minimum 1600 hours)                        4 shifts

            2 years                                                            6 shifts

            7 years                                                            8 shifts

            15 years                                                          10 shifts

 

Vacation time may not be accumulated beyond the

calendar year in which it is earned except for the

first year, and except by the employee securing

advance permission from the employer, or when

the employee cancels or postpones his vacation

at the request for the employer.

 

ISSUE 11. MANAGEMENT RIGHTS

 

A.        Proposals: The City proposes the following management

            rights provision:

 

                        The City reserves exclusively all rights

                        whether heretofore exercised or not which

                        are concerned with the operation of the

                        Department including its mission and deci-

                        sions related thereto, service efficiency,

                        and any and all policy decisions.

 

                        The City retains exclusive authority to

                        manage the Department in accordance with

                        past practice; adopt operating rules and

                        establish employee conduct and performance

                        standards, discipline, layoff, discharge

                        for cause, assign work, promote or demote,

                        schedule hours of work, determine the number

                        of personnel to be assigned to duty at any

                        time.

 

                        These management rights may be exercised

                        without prior negotiations with the union

                        and shall not be subject to the grievance or

                        arbitration procedure contained herein.

 

            This proposal constitutes a rewrite of existing language

            and a strengthening of management's rights.

 

                        The Fire Fighters argued against any change.

 

B.        Discussion: The Arbitrator cannot support the City's pro-

            posed changes in the Article for three important reasons.

            First, the changes delete the language which reads, "unless

            otherwise provided by the terms of this Agreement." That

            phrase recognizes that the terms of the Agreement do limit

            some of management's rights and that recognition is impor-

            tant.

 

            Second, the phrase "shall not be subject to the grievance

or arbitration procedure contained herein," potentially con-

flicts with the definition of the grievance found in the

grievance procedure. That definition states that a griev-

ance is a dispute over the interpretation of the agreement.

Since some if not all of the provisions of the agreement limit

management rights, are the interpretations of the provisions

grievable or not? The grievance procedure says yes but the

proposed management rights clause would say no. The grievance

procedure spells out what is grievable (interpretations of the

provisions of the Agreement) and that restriction should

remain uncontested by the management's rights clause.

            Finally, assuming that the grievance procedure remains

in force for provisions of the agreement, then the specific

problem identified by the City (City Exhibits 31-38) would

not be resolved even under the proposed language. The claim

by the Fire Fighters, found in City Exhibit #33, is that the

City violated Article III - Recognition, and Article IX -

Wages, when they hired a volunteer fire fighter as a full-

time temporary without paying a full-time wage. That claim

is grievable under the definition of a grievance found in the

labor agreement. The City might prevail in arbitration, but

nevertheless the issue is grievable. The proposed language

would add a question about its grievability but then that ques-

tion would itself be a matter for arbitration.

 

C.        Award: The Arbitrator directs the parties to retainn the

            recently expired contract language on management rights.

 

 

Respectfully submitted on the the third day of May 1982 by

 

 

Timothy D. W. Williams

Arbitrator

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