INTEREST ARBITRATIONS

Decision Information

Decision Content

International Association of Fire Fighters, Local No. 2099

And

City of Bothell

Interest Arbitration

Arbitrator:      Alan R. Krebs

Date Issued:   07/31/1987

 

 

Arbitrator:         Krebs; Alan R.

Case #:              06722-I-87-00155

Employer:          City of Bothell

Union:                IAFF; Local 2099

Date Issued:      07/31/1987

 

 

IN THE MATTER OF

CITY OF BOTHELL

 

AND

 

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2099

 

AAA No.: 75 300 0025 87

Date Issued: July 31, 1987

 

INTEREST ARBITRATION

 

OPINION AND AWARD

OF

ALAN R. KREBS

 

Appearances:

CITY OF BOTHELL                                Jerald L. Osterman

 

INTERNATIONAL ASSOCIATION OF

FIREFIGHTERS, LOCAL NO. 2099      James H. Webster

 

IN THE MATTER OF

CITY OF BOTHELL

 AND

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2099

 

OPINION OF THE ARBITRATOR

 

PROCEDURAL MATTERS

      The Arbitrator was selected by the parties with the

assistance of the American Arbitration Association, and in

accordance with RCW 41.56.450. RCW 41.56.450 provides for

hearings to be held before an arbitration panel consisting of

three persons. The parties stipulated that this matter would

be heard by a single arbitrator, rather than the three person

panel described in the statute. A hearing was held in

Bothell, Washington, on June 10, 1987. City of Bothell was

represented by Jerald L. Osterman, City Manager.

International Association of Firefighters, Local No. 2099 was

represented by James H. Webster of the law firm Webster, Mrak

and Blumberg.

      At the hearing, the testimony of witnesses was taken under

oath and the parties presented documentary evidence. There

was no reporter present, and, therefore, the Arbitrator tape

recorded the proceedings for the sole purpose of supplementing

his personal notes.

      The parties agreed upon the submission of post hearing

briefs. The briefs of the parties were received by the

Arbitrator on July 1, 1987.

 

ISSUES

      The Union represents 30 of the City's uniformed

firefighting personnel, including 22 firefighters, 6

lieutenants, and 2 captains. The Union and the City are

parties to a collective bargaining agreement which expired on

December 31, 1986. They were unable to reach an agreement on

a new agreement despite their efforts in negotiations and the

efforts of a mediator. In accordance with RCW 41.56.450, the

Executive Director of the Washington State Public Employment

Relations Commission certified that the parties were at

impasse, specifically, with regard to wage rates and longevity

pay. With the exception of these two issues, the parties have

agreed to all contract provisions for a two-year agreement,

effective from January 1, 1987.

 

APPLICABLE STATUTORY PROVISIONS

      Where certain public employers and their uniformed

personnel are unable to reach agreement on new contract terms

by means of negotiations and mediation, RCW 41.56.450 calls

for the interest arbitration of their disputes. In interest

arbitration, an arbitrator or arbitration panel adjudicates a

resolution to contract issues which are at impasse following

collective bargaining negotiations. RCW 41.56.030 defines

"uniformed personnel," for whom interest arbitration are

available, as encompassing firefighters. The parties agree

that RCW 41.56.450 is applicable here.

      RCW 41.56.460 sets forth certain "basis for determination"

which must be considered by an arbitrator in deciding the

controversy. This statute has been amended, effective July

26, 1987. Thus, the negotiations and the hearing in the

instant matter were conducted before the effective date of the

amended statute. This Decision is being issued after that

effective date. The old language reads as follows:

      41.56.460 Uniformed personnel-

Arbitration panel-Basis for

determination. In making its

determination, the panel shall be mindful

of the legislative purpose enumerated in

RCW 41.56.430 and as additional standards

or guidelines to aid it in reaching a

decision, it shall take into consideration

the following factors:

      (a) The constitutional and statutory

authority of the employer.

      (b) Stipulation the parties.

      (c) Comparison of the wages, hours and

conditions of employment of personnel

involved in the proceedings with the wages,

hours, and conditions of like personnel of

like employers of similar size on the west

coast of the United States.

      (d) The average consumer prices for

goods and services, commonly known as the

cost of living.

      (e) Changes in any of the foregoing

circumstances during the pendency of the

proceedings; and

      (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 recent amendment to RCW 41.56.460 changed only subsection

(c). The newly revised subsection (c) is quoted below, with

the new subsection (c) language underlined:

      (c)(i) For employees listed in RCW

41.56.030(6) (a) and (c), comparison of the

wages, hours and conditions of employment

of personnel involved in the proceedings

with the wages, hours, and conditions of

employment of like personnel of like

employers of similar size on the west coast

of the United States((,));

      (c)(ii) For employees listed in RCW

41.56.030(6)(b), comparison of the wages,

hours and conditions of employment of

personnel involved in the proceedings with

the wages, hours and conditions of

employment of like personnel of public fire

departments of similar size on the west

coast of the United States. However, when

an adequate number of comparable employers

exists within the state of Washington,

other west coast employers shall not be

considered;

Subsection (c) (ii) is applicable to firefighters since

firefighters are referenced in RCW 41.56.030(6)(b).1

1     My analysis of the instant controversy would be no

different whether the old or the revised version of the

statute is applied.

_____

      RCW 41.56.430, which is referred to in RCW 41.56.460,

reads as follows:

      41.56.430 Uniformed personnel-

Legislative declaration. The intent and

purpose of this 1973 amendatory act is to

recognize that there exists a public policy

in the state of Washington against strikes

by uniformed personnel as a means of

settling their labor disputes; that the

uninterrupted and dedicated service of

these classes of employees is vital to the

welfare and public safety of the state of

Washington; that to promote such dedicated

and uninterrupted public service there

should exist an effective and adequate

alternative means of settling disputes.

 

Proposals

      The City proposes that all members of the bargaining unit

should receive a 2 percent wage increase effective January 1,

1987 and an additional 2 percent wage increase effective

January 1, 1988. The City contends that no provision for

longevity pay should be inserted into the Agreement. The City

asserts that such a compensation increase is more than fair

considering the consumer price index and the settlements

reached with other City employees. The compensation paid to

bargaining unit members is very close to the average of the

jurisdictions suggested by the City as comparable.

      The Union proposes that there should be an award of a 15.9

percent increase in total compensation effective January 1,

1987, and a wage increase effective January 1, 1988, equal to

increases in the CPI during 1987. The Union proposes that as

part of its total compensation increase, it be awarded

longevity pay of 2 percent of monthly salary after 5 years, 4

percent after 10 years, and 6 percent after 15 years. The

Union asserts that such an award would permit bargaining unit

employees to "catch up" with their peers employed by

comparable fire departments.

 

Comparables

      One of the primary standards or guidelines enumerated in

RCW 41.56.460 upon which an arbitrator must rely in reaching a

decision is a comparison of wages, hours and conditions of

employment of personnel involved in the proceedings with those

of like personnel in comparable employers of similar size. In

order to make such a comparison, one must first determine

which comparable employers should be selected.

      The parties were unable to agree upon a list of comparable

employers. The City proposes that the Arbitrator consider two

cities and four fire districts as appropriate for comparison.

The cities are Issaquah and Marysville. The fire districts

are King County Fire Districts Nos. 16 and 36, and Snohomish

County Fire Districts Nos. 7 and 12. The Union suggests 11

comparable jurisdictions. Two are cities: Edmonds and

Lynnwood. The remainder are fire districts: King County Fire

Districts Nos. 2, 11, 24, 36, and 40; Snohomish Fire Districts

Nos. 7 and 12; and Pierce County Fire Districts Nos. 3 and 5.

In selecting comparables, both the City and the Union focused

on comparing the population and assessed property valuation of

the employing entity here with those of other public employers

located nearby.

      The City of Bothell is located a bit northeast of Seattle

and falls within both King County and Snohomish County. It

has a population of about 9,500. The City's fire department

provides fire protection and emergency medical service not

only within the geographic confines of the City of Bothell,

but also to two neighboring fire districts. King County Fire

Protection District No. 42 and Snohomish County Fire

Protection District No. 10 each have had contractual

relationships with the City for a number of years. It is not

clear when these relationships began, though they existed in

1983 when the parties were last involved in an interest

arbitration proceeding. Three of the four fire stations

operated by the City are situated outside of the City's

geographic boundaries. In return, the City receives a major

share of its funding for its fire department from the two fire

districts. The City's fire department budget for 1987 is

$1,350,349, of which the contracting fire districts provide

$978,500.

      A significant preponderance of the population served by

the City's fire department live within the confines of the

contracting fire districts. Within the service area of Fire

District No. 42 are about 12,000 residents. Within Fire

District No. 10 are about 13,500 residents.

      The City limited its choice of comparable jurisdictions to

cities and fire districts located within King and Snohomish

Counties. It chose Issaquah and Marysville because they are

the only two cities within King and Snohomish Counties which

have a population between 5,000 and 15,000 and also operate

fire departments with paid staff. It chose the four fire

districts that it did because they were close in population to

the combined population total of the two fire districts which

the City serviced (25,500).

      The Union limited its choice of comparable jurisdictions

to cities and fire districts situated in King, Snohomish, and

Pierce Counties. Pierce County adjoins King County to the

south. King, Snohomish, and Pierce Counties together

constitute the labor market that is recognized by the U.S.

Bureau of Labor Statistics for its Consumer Price Index for

the Seattle metropolitan area. Having narrowed its choice of

comparables to those located within the three county area, the

Union further narrowed its selection by looking at those fire

departments that had a population and an assessed valuation

which each were between 70 percent and 140 percent of the

total for the City of Bothell combined with the two fire

districts which it services. The Union points out that in its

1983 interest arbitration with the City, Arbitrator Michael

Beck had selected comparable jurisdictions which had fallen

within a population range of 70 percent and 140 percent of the

population serviced by the City's fire department.2

2     The Union and the City agree that the comparable

jurisdictions selected by Arbitrator Beck should not be used

in the instant proceeding. The City disagrees with the method

by which Arbitrator Beck selected comparators. The Union

asserts that changed circumstances require that new

comparators be used. Since the time of the 1983 interest

arbitration, the population of the area for which the City

provides fire services has grown. While Arbitrator Beck based

his selection of comparators on a population served amounting

to 25,000, the parties agree that the population for the same

service area now totals 35,000. Thus, both parties agree,

though for differing reasons, that it is appropriate to select

new comparators.

_____

      The combined population of the City and the two fire

districts which it services is about 35,000. It is that

figure which shall be used as a basis for comparison. The

City argues that consideration must be given to the fact that

the City has less than 10,000 residents. Comparing it to much

larger jurisdictions would result in higher salaries for its

fire department employees in relation to that received by

those employed in other departments of the City. I view it as

more unfair to compare the salaries of City's firefighters

with the two cities proposed for comparison by the City.

Those two cities have a population of 6,000 and 7,000

respectively. It is unlikely that their fire departments are

similar to that of the City. The City operates a fire

department which services a population five or six times

greater. The number of alarm responses made by the City's

fire department approximates the average of those made by the

comparators proposed by the Union. It must be presumed that

the Bothell Fire Department's manpower, number of stations,

response time, equipment, and type and quantity of duties, all

are more akin to that of much larger jurisdictions than the

two small cities proposed by the City as comparators.

Moreover, there is a distinction between the City's fire

department and the fire departments of similarly sized cities,

which lessens the significance of a salary comparison between

them. Most of the fire department's budget here is derived

not from taxes and fees collected by the City, but rather from

payments made by the two contracting fire districts. Thus,

with regard to its fire department, the City is very different

from other small cities, such as the City's proposed

comparators, which have no contractual relationship to provide

fire service to surrounding fire districts.

      Also, the recently amended language in RCW 41.56.460

(e) (ii) makes it clear that the legislature recognizes the

significance of the size of fire departments for selecting

comparators. It is unlikely that the size of the Bothell fire

department is similar in size to that of Issaquah and

Marysville.

      The City emphasizes in its argument that future contracts

with the two fire districts cannot be assured. The

relationship has existed for a number of years, and there is

no evidence that it will soon end. The current circumstance

is that the City operates a fire department commensurate with

the size of its service area. Should those circumstances

change, then presumably the new situation would be recognized

in collective bargaining, and, if necessary, interest

arbitration.

      In the same manner as Arbitrator Beck, I find that only

jurisdictions located in King and Snohomish Counties shall be

used as comparators. It would not be unreasonable to include

jurisdictions from Pierce County as comparators as the Union

urges, particularly since the U.S. Department of Labor now

considers Pierce, King, and Snohomish Counties to be one labor

market area for the purpose of establishing its metropolitan

Seattle consumer price index. Nevertheless, there are

sufficient comparators available from King and Snohomish

Counties, and those counties are more significant since the

City and the contracting fire districts fall within their

boundaries. Also, the City has reciprocal agreements for

services with various cities and fire districts located in

King and Snohomish Counties. Terms and conditions of

employment of similarly sized jurisdictions situated in

relative proximity to, and thus the same labor market as, the

City are particularly relevant in establishing the appropriate

comparators for the City.

      As suggested by the Union, I have accepted the

determination made by Arbitrator Beck in his 1983 Award

involving these parties, that it would be appropriate to

consider as comparators those jurisdictions in King and

Snohomish Counties which have a population between 70 percent

and 140 percent of the combined population of the City and its

two contracting fire districts. Unlike Arbitrator Beck, I

have also considered assessed value, since both parties are in

agreement that this is a relevant factor. Thus, I have

selected as appropriate comparators, those cities and fire

districts in King and Snohomish County which have a population

and assessed value each which are within 70 percent and 140

percent of those of the combined totals of the City and the

two contracting fire districts. Such a range permits the

selection of an adequate number of comparators, with serviced

populations and assessed values, in some cases above and in

some below, that of the City.

      I find that nine jurisdictions are appropriate for

comparison with the City. The figures below are those

supplied by the Union:

_____________________________________________________

                                                         Serviced                               Assessed

Emloyer                                           Population                            Value

King County F.D. No. 2                  35,000                                  818,530,125

King County F.D. No. 11                48,000                                  1,058,781,967

King County F.D. No. 24                30,000                                  667,701,221

King County F.D. No. 36                28,000                                  870,738,544

King County F.D. No. 40                27,000                                  646,111,745

Snohomish County F.D. No. 7        40,000                                  757,936,081

Snohomish County F.D. No. 12      30,000                                  637,201,739

Edmonds F.D.                                  28,700                                  1,102,950,911

Lynnwood F.D.                                24,700                                  1,008,066,590

 

Average of Comparators                32,377                                  840,890,991

 

Bothell F.D.                                     35,000                                  886,453,027

_____________________________________________________

 

Cost of Living

      RCW 41.56.460(d) requires that the arbitrator take into

consideration "[t]he average consumer prices for goods and

services, commonly known as the cost of living." The Seattle-

Everett consumer price index for all urban consumers,

published by the United States Department of Labor, Bureau of

Labor Statistics, rose by 0.6 percent between November 1985

and November 1986. According to the City, that is the most

recent published figure for the Seattle-Everett area. Also,

the City points out that in recent years, wage settlements

with the firefighters have exceeded the cost of living. For

the past four years, bargaining unit members have received

wage increases totalling 15.9 percent, while the annual

increases for the consumer price index has risen a total of

less than 10 percent.

 

Other Considerations

      RCW 41.56.460(f) requires that the arbitrator also shall

consider "[s]uch other factors, . . which are normally or

traditionally taken into consideration in the determination of

wages, hours and conditions of employment." The City points

out that there is a very low turnover rate among firefighters

and that there is a flood of applicants whenever positions

become available. Only one firefighter has resigned from the

fire department during the past 15 years. Two hundred

applications for employment were received when the City last

accepted applications for firefighter positions. The City

argues that the terms and conditions of employment offered by

the City are sufficient to attract and retain qualified

employees, and therefore are competitive.

      The City also points out that all other City employees,

including two groups represented for purposes of collective

bargaining, have received a 2 percent wage increase for 1987,

and an additional 2 percent wage increase for 1988. Terms and

conditions of employment enjoyed by other employees of an

employer are often raised and considered in collective

bargaining. The significance of this factor is somewhat

reduced here because the fire department is significantly

different from all other departments of the City. Only the

fire department operates in large part outside the City and

only the fire department receives most of its budget from

sources outside the City. Therefore, there is less reason

here, than normally is the case, to tie the firefighters'

compensation to that received by other City employees.

      The City does not contend that it is undergoing special

financial difficulties. Rather, it asserts that as a

responsible local government, it has distributed available

funds in order to provide the proper balance of services to

the community.

 

Longevity Pay

      The Union requests longevity pay amounting to 2 percent of

monthly salary after 5 years, 4 percent after 10 years and 6

percent after 15 years. The City asserts there should be no

longevity pay.

      The following reflects the selected comparators treatment

of longevity pay:

_____________________________________________________

King County Fire District No. 2

      5-9 years       -  1%

      10-14 years   -  2%

      15-19 years   -  3%

      20-24 years   -  4%

      25 +               -  5%

 

King County Fire District No. 11

      5-9 years         -  $15 per mo. [equivalent to 0.55%]

      10-14 years     -  $30 per mo. [equivalent to 1.1%

      15-19 years     -  $45 per mo. [equivalent to 1.65%]

      20-24 years     -  $60 per mo. [equivalent to 2.2%]

      25 +                 -  $75 per mo. [equivalent to 2.7%]

 

King County Fire District No. 24

      None

 

King County Fire District No. 36

      None

 

King County Fire District No. 40

      None

 

Snohomish County Fire District No. 7

      None

 

Snohomish County Fire District No. 12

      5-10 years     -  1.5%

      10-15 years   -  3%

      15 +               -  4.5%

 

Edmonds

      6-12 years     -  2%

      12-18 years   -  4%

      18 +               -  6%

 

 Lynnwood

      4-7 years    -  $20 per mo. [equivalent to 0.77%]

      7-10 years  -  $40 per mo. [equivalent to 1.55%]

      10 +            -  $60 per mo. [equivalent to 2.33%]

_____________________________________________________

      I have considered the City's argument that it would create

an inequity to establish longevity pay for firefighters when

other City employees do not receive it. Nevertheless, I

conclude that it would be appropriate for the City to provide

longevity pay to the firefighters. First of all, and most

importantly, a majority of the comparators provide for

longevity pay. Moreover, it is not unreasonable for the City

to reward long years of service. With the virtually

nonexistent turnover in the fire department, promotional

opportunities are limited. It is likely that over the course

of years of employment, a firefighter obtains some additional

competency or experience which is of some benefit to the

City. Indeed, the City appears to recognize this principle

since it pays an additional amount to its volunteers who have

over ten years of experience.

      I conclude that longevity pay of 1 percent of base monthly

salary is appropriate for employees with 5 to 10 years of

experience, 2 percent for those with 10 to 15 years, and 3

percent for those with more than 15 years. These figures

reflect the approximate average of the five comparators which

offer longevity pay. The effective date of the new longevity

provision shall be January 1, 1988 in view of the substantial

wage increase which shall be awarded for 1987.

 

Wages

      The City proposes that, effective January 1, 1987, the

monthly rates of pay for bargaining unit members should be

increased by 2 percent, and that effective January 1, 1988,

that the monthly rates should be increased by an additional 2

percent. The Union proposes that there be a 15.9 percent

increase in total compensation effective January 1, 1987 with

the increased compensation apportioned between longevity pay

and a monthly salary increase, and that there be a cost of

living increase for the second year of the Agreement.

      Both parties agree that in establishing wage comparability

between differing jurisdictions, it is most appropriate to

look at the entire compensation situation. It is unrealistic

to look at wages in isolation, since wages are only one aspect

of compensation. Thus, in comparing compensation levels, I

have considered such compensation items as salary, longevity

pay, education incentive, emergency medical technician

(E.M.T.) pay, insurance items, and other such financial

benefits. Since by statute all of the comparators pay the

same percentage for retirement contributions, I have not

considered that factor. On the other hand, I have considered

social security contributions, since the comparators differ

with regard to whether such contributions are made. The City

argues that social security should not be considered since

many years ago, the firefighters elected to withdraw from the

system. Nevertheless, a jurisdiction's social security

payments on behalf of an employee are a benefit cost. That

benefit cost varies from jurisdiction to jurisdiction. Some

of the comparators offer their employees a benefit trust

rather than social security. Others, such as the City here,

offer neither. It is appropriate that these items be

considered when comparing total compensation levels. I have

disregarded matters related to holiday pay and overtime since

there was insufficient evidence presented to properly make a

comparison

      The Union argues that once the total gross monthly

compensation of an employer is calculated, then the hourly

wage should be determined by dividing the gross monthly

compensation by the number of hours worked in a month,

adjusting for holiday and vacation leave. Agreeing with the

City's position in this regard, I have determined not to

consider hours worked, holidays or vacations for purposes of

compensation comparisons. Of course, these matters have a

direct financial impact on the employer. The employer may

incur additional personnel costs in order to replace the

absent employee or else accept diminished productivity. The

number of hours worked directly relates to the level of hourly

compensation. However, it would be misleading to factor hours

worked, holidays and vacations into the compensation equation

for comparative purposes and ignore a host of other issues

related to hours. For instance, in this bargaining unit, the

number of hours worked is affected by labor agreement

provisions relating to sick leave and bereavement leave. The

Union's suggested hourly wage comparison also disregards such

related items as jury leave, military leave, education leave,

overtime, meal periods, sleep time, standby time, and other

issues which may significantly affect a comparison of the

"hourly" compensation.

      The 1987 base monthly compensation in the comparable

jurisdictions for a top-grade firefighter with six years in

service, an A.A. degree in fire science or other related

field, an E.M.T. certification, a spouse and one dependent is

reflected below:3

3     These figures are derived from Union Exhibit No. 27,

which is a summary of the compensation levels of the Union's

suggested comparators. The collective bargaining agreements

for the City's and the Union's suggested comparators were not

introduced into evidence.

_____________________________________________________

King County Fire District No. 2

      base monthly salary                              $2,721.88

      longevity                                                27.21

      health/life benefits                                242.60

      social security                                       194.61

                                                                     $3,186.30

King County Fire District No. 11

      base monthly salary                              $2,711.34

      longevity                                                15.00

      education incentive                               20.00

      E.M.T. pay                                            50.00

      health/life benefits                                242.60

                                                                     $3,038.94

King County Fire District No. 24

      base monthly salary                              $2,625.00

      health/life benefits                                230.77

      social security                                       187.68

                                                                     $3,043.45

King County Fire District No. 36

      base monthly salary                              $2,400.00

      health/life benefits                                323.46

                                                                     $2,723.46

King County Fire District No. 40

      base monthly salary                              $2,640.00

      education incentive                               52.80

      health/life benefits                                250.22

                                                                     $2,943.02

Snohomish County Fire District No. 7

      base monthly salary                              $2,348.00

      health/life benefits                                276.60

                                                                     $2,624.60

Snohomish County Fire District No. 12

      base monthly salary                              $2,555.00

      longevity                                                38.33

      education incentive                               50.00

      health/life benefits                                299.48

                                                                     $2,942.81

Edmonds

      base monthly salary                              $2,747.00

      longevity                                                54.94

      physical fitness4                                    41.20

      mutual employees benefit

      trust                                                       196.41

      health/life benefits                                229.65

                                                                     $3,269.20

Lynnwood

      base monthly salary                              $2,575.00

      longevity                                                20.00

      education incentive                               154.50

      health/life benefits                                246.63

                                                                     $2,996.13

_____

4     1.5 percent of base pay for passing a physical agility

test. All but two personnel qualified for the premium in

1986.

_____________________________________________________

The average total compensation for the firefighters in these

nine comparable jurisdictions is $2,974. The average base

monthly salary is $2,591.

      In 1986, the City's total compensation for a top-grade

firefighter with six years in service, an E.M.T.

certification, an A.A. degree, a spouse and one dependent was

as follows:

_____________________________________________________

Bothell

      base monthly salary                           $2,396.00

      health/life benefits                             289.91

                                                                  $2,685.91

_____________________________________________________

Thus, the Bothell firefighter in 1986 received about 10.7

percent less in total compensation than the average received

by the firefighters in the comparators during 1987. The 1986

base monthly salary of the Bothell firefighters is about 8.1

percent less than the average of the comparators during 1987.

      No evidence was submitted with regard to the 1987

compensation increases implemented by the comparators. The

Union did present the compensation settlements for 1988 which

were available. The 1988 wage increases for the four

comparators for which there is information are as follows:

_____________________________________________________

King County Fire District No. 11 - 100

percent of the increase in the C.P.I. with

a minimum of 3 percent and a maximum of 9

percent.

 

King County Fire District No. 36 - 4

percent increase.

 

Edmonds - 90 percent of the increase in the

C.P.I., with a minimum of 2.5 percent and a

maximum of 5.5 percent.

 

Lynnwood - A biweekly increase in wages of

$35.65 and $48 per month for E.M.T.

certification. (The total increase amounts

to about 4 percent.)

_____________________________________________________

      I conclude that the appropriate salary increase for all

bargaining unit members, based on the statutory criteria is 6

percent effective January 1, 1987. That figure still leaves

the employees with total compensation which is below the

average of the comparators. It places the City's firefighters

ahead of only two of the nine comparators. On the other hand,

it is much higher than the 0.7 percent increase in the cost of

living. It is considerably higher than the compensation

increases for 1988 among the comparators. It is also three

times higher than the increases received by other City

employees.

      For 1988, I conclude that an appropriate increase is 100

percent of the cost of living increase, with a minimum of 2

percent and a maximum of 6 percent. The parties agree that

the appropriate cost of living index, if one is to be used,

is the January 1987 to January 1988 metropolitan Seattle

consumer price index (CPI-U). For the most part, the cost of

living formula which I have utilized is similar to the one

which the parties agreed to use for the second year of their

agreement during collective bargaining negotiations for their

1985-86 agreement. Such a wage increase more than likely will

result in increased compensation which is above the cost of

living, since the City is already committed to paying any

increase in health, dental, and disability insurance. The

employees' real compensation for 1988 will further be

increased by the implementation of longevity pay. The actual

1988 compensation increase is likely to be higher than that of

the four comparators which have as yet settled for the 1988

year.

      The 1987 and 1988 increases which are awarded here will

each serve to move the compensation levels of the City's

firefighters closer to the average received by firefighters in

the comparable jurisdictions. I have not fashioned an award

which would cause the total compensation level of the City's

firefighters to equate with the average of that of the

comparators because the statutory criteria is more complex

than that. The statute calls for a consideration of changes

in the cost of living, and of other factors traditionally

taken into consideration. Thus, consideration has been given

to the very small change in the cost of living, the

compensation settlements reached among the comparators for

1988, the more modest compensation increases received by other

City employees, the low turnover, and the intense competition

for positions when they become available. These other

factors, when considered together, tend to moderate the level

of increase which could be derived from a consideration of the

comparability factor alone.

 

INTEREST ARBITRATION AWARD

      It is the determination of your Arbitrator that the

Collective Bargaining Agreement between the City of Bothell

and the International Association of Firefighters, Local No.

2099 shall be amended to include the following:

 

A.  Effective January 1, 1987, the monthly rates of pay

for all employees covered by the Agreement shall be

increased by 6 percent.

 

B.  Effective January 1, 1988, the monthly rates of pay

for all employees covered by the Agreement shall be

increased by 1/10 of 1 percent for each 1/10 of 1

percent rise in the King-Snohomish-Pierce County

Consumer Price Index (CPI-U) for the period from

January 1987 to January 1988, as published by the

United States Department of Labor, Bureau of Labor

Statistics. The minimum of such increase shall be 2

percent. The maximum increase shall be 6 percent.

 

C.  Effective January 1, 1988, an employee covered by the

Agreement shall be entitled to longevity pay in the

amount of 1 percent of monthly base wages beginning

with the month after the employee reaches the fifth

anniversary of employment, and thereafter. For each

month after the tenth anniversary of employment, an

employee shall receive an additional 1 percent of

monthly base wages (for a total of 2 percent). For

each month after reaching the fifteenth anniversary

of employment, an employee shall receive an

additional 1 percent of monthly base wages (for a

total of 3 percent).

 

Redmond , Washington

Dated: July 31, 1987                    S/ALAN R. KREBS

                                                      Alan R. Krebs, Arbitrator

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