INTEREST ARBITRATIONS

Decision Information

Decision Content

Pasco Police Association

And

City of Pasco

Interest Arbitration

Arbitrator:      Alan R. Krebs

Date Issued:   02/12/1990

 

 

Arbitrator:         Krebs; Alan R.

Case #:              08062-I-89-00182

Employer:          City of Pasco

Union:                Pasco Police Association

Date Issued:      02/12/1990

 

 

IN THE MATTER OF             

CITY OF PASCO

AND

PASCO POLICE ASSOCIATION

 

PERC No.:     08062-1-89-00182

 

Date Issued:   February 12, 1990

 

INTEREST ARBITRATION OPINION AND AWARD

 

OF

 

ALAN R. KREBS

 

ARBITRATION PANEL

 

                        NEUTRAL CHAIRMAN: ALAN R. KREBS

CITY APPOINTED MEMBER: GARY CRUTCHFIELD

UNION APPOINTED MEMBER:  CLIFF NELSON

 

Appearances:

CITY OF PASCO                                                                                           Greg Rubstello

PASCO POLICE ASSOCIATION                                                               John Hoag

 

TABLE OF CONTENTS

 

I.          PROCEDURAL MATTERS                                                              1

II.        APPLICABLE STATUTORY PROVISIONS                                   2

III.       ISSUES                                                                                                 4

IV.       COMPARABLE JURISDICTIONS                                                 5

V.        COST OF LIVING                                                                            12

VI.       OTHER CONSIDERATIONS                                                         14

            A .Ability to Pay                                                                                 14

            B.        Settlements With Other City Bargaining Units                    16

            C .       Turnover                                                                                 17

            D .       Work Load                                                                             18

VII.     HOURS                                                                                              18

VIII.    OVERTIME                                                                                      21

            A .       Threshold                                                                               21

            B .       Call Back                                                                                23

            C .       Standby Pay                                                                           25

            D .       Travel Time                                                                            27

IX.       VACATION CREDIT                                                                       29

X.        SICK LEAVE                                                                         32

            A.        Sick Leave Accrual, Cap, and Cash Out                              32

            B .       Light Duty                                                                              34

            C .       Paternity                                                                                 36

            D.        Sick Leave Procedures                                                          37        

            E .        Famly Illness                                                                          38

XI.       SENIORITY                                                                                      38

X II.    ZIPPER CLAUSE                                                                              39

XIII.    MANAGEMENT RIGHTS                                                              40

            A.        Time Off to Save Money                                                       40

            B .       Subcontracting                                                                       41

            C.        Preemployment Contracts                                                     42

            D .       Long Form Clause                                                                 43

XIV.    CREATION OF NEW CLASSIFICATION                                    44

XV.      BILL OF RIGHTS                                                                            45

XVI.    GRIEVANCE - DISCIPLINE PROCEDURE                                 46

XVI I.  SMOKING           .                                                                            47

XVIII. CAREER DEVELOPMENT PLAN                                     49

            A.        Education/Longevity                                                              49

            B.        Bilingual Incentive                                                                 54

XIX.    MEDICAL INSURANCE                                                                 57

XX.      WAGE INCREASE                                                                           64

 

 

IN THE MATTER OF

CITY OF PASCO

AND

PASCO POLICE ASSOCIATION

 

                        OPINION OF THE NEUTRAL CHAIRMAN

 

I.          PROCEDURAL MATTERS

 

            In accordance with RCW 41.56.450, an interest arbitration

hearing involving certain uniformed personnel of the city of

Pasco was held before an arbitration panel consisting of three

persons.  City of Pasco appointed Gary Crutchfield as its

designee on the Panel.  Pasco Police Association appointed

Cliff Nelson as its designee on the Panel.  Arbitrator Alan R.

Krebs was selected as the Neutral Chairman of the Panel.  The

hearing was held in Pasco, Washington, on October 24 and 25,

1989.  The City was represented by Greg Rubstello, Pasco City

Attorney.  The Association was represented by John Hoag of the

law firm Aitchison, Snyder & Hoag.

 

            At the hearing, the testimony of witnesses was taken under

oath and the parties presented documentary evidence.  No court

reporter was present, and, therefore, the Neutral Chairman

tape recorded the proceedings for the sole purpose of

supplementing his personal notes.

 

            In view of the lengthy record, the parties agreed to waive

the statutory requirement that the interest arbitration award

be issued within 30 days following the conclusion of the

hearing.  The parties also agreed that the Neutral Chairman

alone would issue the resulting Decision, after accepting

input from the City-appointed arbitrator and the

Union-appointed arbitrator.

 

            The parties agreed upon the submission of post-hearing

briefs.  The briefs of the parties were received by the

Neutral Chairman on November 22, 1989.

 

II.        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 interest arbitration to resolve their disputes.  In

interest arbitration, an arbitrator or arbitration panel

adjudicates a resolution to contract issues regarding terms

and conditions of employment, which are at impasse following

collective bargaining negotiations.  The parties agree that

RCW 41.56.450 is applicable to the bargaining unit of police

officers involved here.

 

            RCW 41.56.460 sets forth certain criteria which must be

considered by an arbitrator in deciding the controversy:

 

                        41.56.460 Uniform Personnel--Interest

            Arbitration Panel--Basis For Determina-

            tion.  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)        Stipulations of the parties;

                        (c)        (i) For [police department]

            employees . . . 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;

 

                        (ii)        For [fire department] employees

            . . . 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;

 

                        (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.

 

            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.

 

III.       ISSUES

 

            The Association represents 38 of the uniformed employees

in the City's Police Department, up to and including the rank

of sergeant.  The Association and the City are parties to a

collective bargaining agreement which expired on December 31,

1988.  They were unable to reach an agreement on a new

contract 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

Commission certified that the parties were at impasse on a

number of issues.  The statutory interest arbitration

procedures were invoked.  The unresolved issues are:

 

            1.         Hours of Work

            2.         Call Back

            3.         On Call

            4.         Travel Time

            5.         Vacations

            6.         Sick Leave

            7.         Accumulated Sick Leave Cash Out

            8.         Light Duty

            9.         Seniority

            10.       Zipper Clause

            11.       Management Rights

            12.       Creation of New Classifications

13.       Bill of Rights

14.       Grievance Procedure

15.       Use of Tobacco

16.       Career Development Plan

17.       Bilingual Incentive

18.       Medical and Dental Insurance

19.       Disability Insurance

20.       Wages

 

IV.       COMPARABLE JURISDICTIONS

 

            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 the wages, hours, and

conditions of employment of personnel involved in the

proceedings with the wages, hours, and conditions of like

employers of similar size on the west coast of the United

States."  To determine which other employers are alike and of

similar size, arbitrators frequently compare population and

assessed valuation.  In recognition of this, both sides here

presented such figures to the Arbitrator.  The number of

officers in a department may also be considered an indication

of the size of an employer and these figures were also

supplied.1/  Both sides agree that the following Washington

cities, Wenatchee, Aberdeen, and Walla Walla, are comparable

to Pasco for the purpose of RCW 41.56.460(c)(i).  They

disagree as to other comparable jurisdictions.

 

            1The City asserts that the size of the department is

irrelevant, Particularly in view of the difference between

subsections (c) (i) and (c) (ii) of RCW 41.56.460.  I do not

agree that the reference to "public fire departments of

similar size" in subsection (c) (ii) necessarily means that

the size of a police department is irrelevant under

subsection (c) (i).

______________________

 

            The Association asserts that in Washington State,

Kennewick and Richland are also comparable, particularly

since they are both adjacent to Pasco and form the labor

market of the Tn-Cities, of which Pasco is a part.  The City

contends that Pasco is not comparable to Richland and

Kennewick in view of the disparity in size.  Instead the City

urges that the cities of Pullman and Centralia be considered

as comparable.  The City asserts that it has selected as

comparable jurisdictions those which are generally within a

range of plus or minus one-third of Pasco's population and

assessed valuation, and which are at least fifty miles from a

large urban metropolitan area.  The Association asserts that

Pullman and Centralia are both too small and isolated to be

compared with Pasco.

 

            As out-of-state comparable jurisdictions, the Association

proposes Calexico, San Pablo, and Yuba City, California, and

Grants Pass, Oregon, because like Pasco, they all have high

crime rates for their size.  The City Opposes the use of

crime statistics to select comparables.  It asserts that San

Pablo and Yuba City are situated too close to large

metropolitan areas to be considered as comparable.  In

addition, the City asserts that Yuba City greatly exceeds the

acceptable ranges for population and assessed valuation.  The

City proposes as out-of-state comparable jurisdictions the

California cities of Brawley, Barstow, and Delano, and the

Oregon cities of Ashland, Klamath Falls, and Roseburg.  The

Association asserts that the City was not justified in

rejecting jurisdictions which were within 50 miles of a large

metropolitan area since the statute does not authorize such a

restriction and because Pasco itself is part of a larger

metropolitan area.  The Association also points out that the

jurisdictions suggested by the City are not comparable to

Pasco in their crime statistics.

 

            Pasco is situated in southeast Washington, in close

proximity to the cities of Kennewick and Richland.  Together,

the three cities are generally referred to as the

Tn-Cities.  The economy of the area is significantly

affected by the Hanford nuclear project and associated

nuclear and scientific service industries.  Richland is most

affected by the nuclear industry.  Kennewick is the region's

retail commercial center.  Pasco's economy is based largely

on transportation, agriculture, and, to a lesser degree,

retail trade.  Pasco is smaller than both Kennewick and

Richland, both in terms of population and assessed valuation:

 

                                                                             Assessed                     Number of

                                    Population                         Valuation                      Officers

            Pasco              17,5602                        $370,548,5153             38

            Kennewick       36,880                        877,158,000                            47

            Richland         29,970                         898,926,577                            41

 

            The figures for the agreed-upon comparable jurisdictions

are:

                                                                           Assessed                       Number of

                                    Population                       Valuation                        Officers

            Aberdeen        17,140                         $385,000,000                          35

            Walla Walla    25,690                          491,906,230                           34

            Wenatchee     19,950                         573,127,849                            31

 

 

            The figures for the additional Washington jurisdictions

suggested by the City, and opposed by the Association, are:

 

                                                                         Assessed                         Number of

                                    Population                   Valuation                          Officers

            Centralia         11,840                         $272,039,592                          18

            Pullman           22,270                         295,426,001                            20

 

            2Dan Underwood, the City's finance director, testified

that this is the population figure which the state officially

recognizes for Pasco for 1989 and is contained in a

publication of the state office of Financial Management dated

August 1989.  The Association asserts that Pasco's population

is 18,520.  The basis for this figure is not apparent from

the record.  The population figures offered by the City for

Washington cities appear to be more current and more

supported by the evidence, and, therefore, will be utilized.

 

            3I have utilized the City's figures since, according

to Mr. Underwood, they are current as of 1989.  The figures

for assessed valuation presented by the Association are

different.  It is not clear that the Association~s figures

are for 1989.

_____________________

 

            The figures for the Oregon and California cities which

were suggested by either the Association or the City are

reflected below:

 

                                                                         Assessed                       Number of

                                    Population                   Valuation                          Officers

Ashland, OR               16,810                         $482,582,620                          21

Grants Pass, OR        17,220                         398,474,000                            27

Klamath Falls, OR     17,250                         409,000,000                            28

Roseburg, OR            16,264                         518,000,000                            31

Barstow, CA               20,560                         464,998,317                            28

Brawley, CA               19,000                         242,520,844                            27

Calexico, CA              18,500                         238,522,000                            28

Delano, CA                 21,004                         285,985,000                            29

San Pablo, CA            21,350                         489,270,000                            34

Yuba City, CA            22,300                         693,731,000                            33

 

            I have selected the following as jurisdictions which are

comparable to Pasco:

 

            Aberdeen, WA

            Kennewick, WA

            Pullman, WA

            Richland, WA

            Walla Walla, WA

            Wenatchee, WA

            Grants Pass, OR

            Klamath Falls, OR

            Barstow, CA

            Delano, CA

 

            Aberdeen, Walla Walla, and Wenatchee were selected since

the parties agreed that they are comparable to Pasco.

Richland and Kennewick were selected even though they are

each significantly larger than Pasco in population and

assessed value.  Pasco, Richland, and Kennewick comprise a

single metropolitan area with the same labor market.  Their

police forces must compete for the same pool of employees.

It is understandable that the employees of each would be

aware of the contractual benefits paid by their neighboring

cities, and that such awareness would affect their

expectations.  Thus, neighboring jurisdictions are often

given special consideration when determining comparables.  On

the other hand, a disparity in Size may serve to reduce or

eliminate that special consideration.

 

            Pasco is reasonably close to Richland and Kennewick in

the size of its police force.  In view of this and

particularly because of the special consideration which is

warranted by their proximity, I find that the terms and

conditions of employment of the police officers in Richland

and Kennewick are relevant here.  In my opinion, Richland and

Kennewick are not so much larger than Pasco so as to be

obviously of unlike size.  This is not a situation where a

small city is being compared to a large city or even a medium

Size city.  Pasco, Richland, and Kennewick are all small

cities.  Their proximity dictates they should be compared if

it can be reasonably argued that they are alike in size.

 

            Moreover, the other cities which the parties have

stipulated as being comparable, while closer in population

and assessed valuation to Pasco, are isolated rural

communities.  While Richland and Kennewick are larger than

Pasco, their consideration here provides balance, since the

other jurisdictions which have been agreed to by the parties

as comparable or which have been selected by the Arbitrator,

are not part of a larger metropolitan area as is Pasco.4

 

            4/One of the Employer's exhibits indicates that the

population of the metropolitan area of the Tn-Cities is

considerably over 100,000 in population.

______________________

 

            The other jurisdictions which I have selected represent

all those jurisdictions which one or the other of the parties

suggested as comparable and therefore supplied necessary

contract information, and which have a population and an

assessed value which are plus or minus 30 percent that of

Pasco.  Thus, ten jurisdictions will be utilized for purposes

of comparison, six from Washington State, two from Oregon,

and two from California.

 

            I have determined not to use crime statistics, as

suggested by the Association, in order to select appropriate

comparable jurisdictions.  Crime statistics are not

referenced in the statute as a basis for selecting comparable

jurisdictions.  I might utilize such statistics in order to

reduce the number of jurisdictions of "similar size," which

is the criteria set forth in the statute, down to a more

manageable level.  However, that is not necessary here since

the number of similarly sized jurisdictions which are

available for my consideration are already at a manageable

and reasonable level.

 

V.        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 City

asserts that in making his determination on the appropriate

wage increase for 1989, the Arbitrator should focus on the

change in the CPI-W, West Coast Cities - C index at the time

negotiations were just beginning in October 1988, and again

in July 1989.  The City asserts that in making his

determination on the appropriate wage increase for years

subsequent to 1989, the Arbitrator should focus on the change

in the cost of living for the 12-month period preceding

October 1989 and October 1990.  The consumer price index

referred to by the City is published by the United States

Department of Labor, Bureau of Labor Statistics.  It measures

the increase in the cost of consumer goods for urban wage

earners and clerical workers in cities of 50,000 to 330,000

in population on the west coast of the United States.  This

index represents the smallest class of cities measured in any

of the published west coast indices.  The City uses this

index in bargaining with its other bargaining units.

 

            The Association asserts that the U.S. CPI-W is a more

reasonable yardstick to use.  In support of this, it points

out that there is no support for the use of the CPI-W, West

Coast Cities - C index among the comparable jurisdictions

 

However, the Association could point to none of the

comparable jurisdictions which has utilized the U.S. CPI-W

which it has proposed.5

 

            5Klamath Falls utilized the U.S. CPI-U.  The "U"

references all urban consumers.  No evidence in this regard

was presented with regard to Richland, Kennewick, or Grants

Pass.

____________________

 

            I have determined to utilize the CPI-W, West Coast Cities

C index for the periods suggested by the City.  It appears

that this index would more likely reflect the cost of living

change in Pasco, which is a small west coast city, than would

the national index.  The Tn-Cities metropolitan area has a

population which falls within the parameters of the index

suggested by the City.  The period October 1987-88 shall be

examined since it reflects the period that the parties would

most likely have used had they resolved their contract

differences in a timely manner.  The July 1988-89 period

shall also be considered, since RCW 41.56.460(e) requires the

consideration of changes which occur during the pendency of

the proceedings.  The applicable index reflects the following

annual change in the cost of living for small west coast

cities:

 

                        Year Ending                                        CPI-W, West - C Index

                        October, 1988                                     3.7

                        July, 1989                                           4.0

 

            With regard to the cost of living, it is also significant

that the average cost of homes in the Tn-Cities region has

gone down each year since 1981.  This is reflected in a

report prepared in March 1989 for the U.S. Department of

Energy.  For instance, in 1988, the average price for a house

in Pasco decreased by 2.5 percent.  This has been caused by a

decreasing population and a resulting increase in housing

vacancy rates.  The declining cost of housing in Pasco serves

to bring down the cost of living to a level which may be less

than the CPI figures reflected above.

 

VI.       OTHER CONSIDERATIONS

 

            In addition to the specific criteria set forth in RCW

41.56.060(a) - (e), RCW 41.56.060(f) directs the Panel to

consider "such other factors . . . which are normally or

traditionally taken into consideration in the determination

of wages, hours, and conditions of employment."  Such

factors, which are discussed below, have been considered, but

with lesser weight than that which is given to the

specifically enumerated criteria of comparability and cost of

living.

 

            A.        Ability to Pay

 

            A factor frequently raised in contract negotiations and

also considered by arbitrators is the ability of the employer

to pay wage and benefit increases.

 

            The City asserts that it is in a position to grant a

reasonable and fair wage increase.  The City does point out

that it has just recently emerged from a situation in which

its revenue had been declining over the past four or five

years and that its population and assessed real estate

valuation is still in decline.  The City further points out

that it has exercised its taxing authority to the maximum

except for a business and occupations tax.  Finance Director

Underwood testified that such a tax is not politically

feasible anywhere in Eastern Washington.  The number of City

general fund employees has decreased each year since 1984,

while during the same period there has been an increase in

the number of police employees.

 

            The Association asserts that the City has the ability to

pay whatever increase the panel orders.  It points out that

the City's ending general fund balance has increased for the

past two years.

 

            According to figures supplied by the City, its sales and

use tax base has increased at only about a 2 percent annual

rate from 1986 through 1988.  At the same time, property

assessments have decreased by more than 3 percent per year,

and its population has declined.  The City has had to cut its

work force except for the police department.  Several

thousand jobs in the area were lost as a result of the

decision of the U.S. Department of Energy to close the

Hanford nuclear reactor and end another nuclear-related

project.  The Pasco economy is hurting.  Finance Director

Underwood expected the local economy to be even worse than it

is, and therefore the City was able to end the year with more

funds in its reserve account that it expected.

 

            The City admittedly can afford some compensation increase

for its police officers.  However, the depressed state of the

local economy must be kept in mind when determining the

amount of the increase that can be afforded.6

 

            6The Association attached to its brief a newspaper

article which dealt with the local economy.  It would be

inappropriate to consider that information since it was not

presented as evidence during the hearing.  The Association

correctly points out that RCW 41.56.460 calls for the

consideration of changes which occur during the pendency of

the proceedings.  Nevertheless, such information must be

presented at hearing.  If the new information is sufficiently

significant, then the hearing could have been reopened.

There has been no request to reopen the record.

 

B.        Settlements With Other City Bargaining Units

 

            From the standpoint of both the City and the Association,

the settlements reached by the City with other bargaining

units are significant.  While those settlements are affected

by the peculiar situation of each individual bargaining unit,

still there is an understandable desire by the City to

achieve consistency.  From the Association's standpoint, it

wants to do at least as well for its membership as the other

City unions have already done.  At the bargaining table, the

settlements reached by the City with other unions are likely

to be brought up by one side or the other.  Thus, it is a

factor which should be considered by the Arbitrator.

 

            The City's 1989 collective bargaining agreement with the

fire fighters, who also are entitled to utilize interest

arbitration, calls for a 3 percent wage increase.  The 1989

agreement with the Pasco Police Association concerning the

non-sworn police department employees calls for a 2.5 percent

wage increase.  The agreement covering the public works and

parks department employees provides for a 3 percent wage

increase.  Also receiving a 3 percent wage increase in 1989

were the non-represented employees, including management.

 

            C.        Turnover

 

            Police Chief Don Francis testified that 25 police

officers have left the department for various reasons since

1980.  Of these, he was aware of only five who gave as the

reason for leaving that they were going to a job that would

provide more money or benefits.  Association President Gary

Schweighardt testified that the average length of service

among the police officers is only about four years.  It is

not clear from the record whether the level of turnover is

higher than in other police departments.  The turnover rate

does seem rather high and there does seem to be some problem

with officers leaving to obtain more favorable compensation.

There was evidence of one highly recruited officer candidate

who elected to work in Richland where the compensation level

is higher.

 

D.        Work Load

 

            The Association asserts that no one can claim that the

City's police officers do not earn their wages.  The City has

the highest rate of crimes per capita in the state.  If the

number of crimes in the City is divided by the number of

officers, Pasco ranks seventh out of 63 in the state.

Several officers testified that they work very hard in a

stressful environment.

 

VII.     HOURS

 

            The first sentence of Article XI - Hours of Work, Section

1, of the expired Agreement reads:

 

                        The City will declare a standard

            41.25 hour duty week consisting of five

            (5) days of 8.25 consecutive hours. . .

 

            The Association has proposed amending this provision to

reflect an 8-hour day and a 40-hour week.  The Association

asserts that there is no justification for officers working

an extra 15 minutes per day, and that the vast majority of

comparable cities do not have such a schedule.  The City

asserts that the current language should remain.  It contends

that the extra 15-minute period is necessary for "lineup,"

that the current language was only recently negotiated into

the contract, and that the Association is making a back-door

attempt to increase the possibility of overtime.

 

            The parties' 1984-86 agreement required that officers

appear for "lineup time" which would be a 15-minute period

prior to the regular 8-hour day.  Under that agreement, the

officers were not entitled to extra compensation for working

that 15-minute period.  Chief Francis testified that line up

time, also referred to as roll call time or briefing time, is

traditionally used by police departments to convey

information to the officers who are coming on duty.  Such

information may relate to serious crimes that have occurred

since they were last on duty, things to watch out for during

their patrol hours, and administrative information.  It can

also be used to critique serious incidents and for

mini-training sessions.  Another reason for line up time,

according to Chief Francis, is to make sure that there is

coverage on the street during the time when officers are

coming in at the end of their shifts and other officers are

first coming on duty.

 

            In 1986, as a result of a court decision, the City was

compelled to compensate officers for the time spent in line

ups.  The City and the Association reached an agreement that

permitted the continuation of the extra 15-minute line up

period, but required compensation for it at straight time.

 

            Frequently, line up time has not been used for briefing,

but rather for other routine duties.  Detective James

Hathaway was a patrol officer until his promotion in June

1989.  Detective Hathaway testified that during the last

three years that he was assigned to patrol, he did not attend

more than 12 to 15 briefings.  Some shift commanders did not

utilize the line up time for briefings.  Detective Hathaway

testified that when line up time was utilized by the shift

commander, it was often used just to read aloud bulletins

that had already been passed around to the patrolmen.

Sergeant Charles Chambers testified that as shift commander,

he was expected to conduct a 15-minute briefing to the

incoming officers.  However, according to Sergeant Chambers,

more often than not, his officers would be going on calls

before a briefing was done.  Chief Francis confirmed that

officers are often dispatched during the briefing period, so

as to avoid having to pay overtime to officers who are about

to go off duty.

 

            None of the jurisdictions which have been selected as

comparable, provide for an 8.25-hour day or 41.25-hour week.

None provide for a standard workweek which is longer than 40

hours.7

 

            7The city of Barstow provides for a standard work

period of 80 hours in a 14-day work period.

_____________________

 

            I conclude that the disputed language shall be changed to

read as follows:

 

                        The City shall declare a standard 40

            hour duty week consisting of five (5) days

            of 8 consecutive hours. . .

 

            The amended language reflects the standard which is

generally contained in the contracts of the comparable

cities.  If line up time is traditional, then apparently it

is being scheduled within the 8-hour day in all the

comparable cities.  Here, there is not a firm tradition of

utilizing the lineup time as a briefing period.  To a

significant extent, the extra 15 minutes has been utilized to

extend the patrol hours of the officers.  There is

insufficient basis for the officers here to be treated

differently from officers in the comparable jurisdictions.

 

 

VIII.    OVERTIME

 

            A.        Threshold

 

            The expired Agreement provides:

 

                              ARTICLE VIII - OVERTIME

 

                  Section 1.  Except as otherwise

provided herein, overtime work shall

include only that work performed by

employees at the discretion of the Chief

of Police or his designee, which exceeds

the standard 8.25 hour work day or 41.25

hours of work in a seven day work period.

Except as otherwise provided herein,

overtime work shall be paid at the rate of

one and one-half (1-1/2) times the

employee's "regular rate of pay" as that

term is defined in the FLSA.

 

                                          * * *

            The City proposes that the overtime threshold be expanded

to that permitted by federal law, which is 165 hours within a

28-day work period.  The City argues that this is necessary

to reduced overtime costs which were increased as a result of

federal law.  The City asserts that comparable cities are

beginning to use overtime thresholds other than the 8-hour

day/40-hour week.  The Association asserts that the City has

not provided any evidence which would justify its 28-day plan

and that none of the comparable cities have such a system.

 

            Chief Francis testified that the overtime budget has been

"going out of sight each year . . . " and has been "getting

more and more all the time."  In fact, according to

statistics provided by the City, overtime has generally

decreased over the years.  The amount of dollars spent on

overtime during each of the past three years has been less

than the amount spent in any of the preceding five years.

Information on overtime thresholds was provided for seven of

the selected comparable cities.8  Five9 of the seven

provide for overtime after working 8 hours in a day or 40 in

a week.10  In one other,11 overtime is defined as hours

actually worked over 80 hours in a 14-day period.  In another

comparable city,12 overtime is not defined in the contract.

 

            8Information was not provided for Richland,

Kennewick, and Grants Pass.

 

            9Aberdeen, Pullman, Walla Walla, Wenatchee

and Klamath Falls.

 

            10Pullman not only has an 8/40 threshold,

but also a threshold of over 171 hours in a 28-day

work period.  Wenatchee does not provide overtime

for less than 30 minutes worked, but pays a full

hour of overtime after the extra 30 minutes is

worked.

 

            11Barstow.

 

            12Delano.

_________________

 

            Neither a comparison with the comparable cities, nor other

sufficient reasons, supports the City's contention that the

overtime threshold should be changed to 165 hours within a

28-day work period.  In view of the change which has been

ordered with regard to the hours section of the Agreement, the

first sentence of Article VIII, Section 1 shall be modified to

read as follows:

 

                                    ARTICLE VIII - OVERTIME

 

      Section 1.  Except as otherwise

provided herein, overtime work shall

include only that work performed by

employees at the discretion of the Chief

of Police or his designee, which exceeds

the standard 8 hour work day or 40 hours

of work in a seven day work period. . .

 

            B.  Call Back

 

            Article VIII, Section 2 of the expired contract provides:

 

      Section 2.  Call-Back/Court-

/Training.  Overtime worked due to

call-back but which is not an extension at

the beginning or end of a normal shift

shall be paid a minimum of three (3) hours

at the overtime rate.  Overtime due to

court appearances requiring less than one

(1) hour of the employee's time shall be

paid two (2) hours at the employee's

overtime rate.  Otherwise overtime due to

time in court shall be paid a minimum of

three (3) hours at the overtime rate per

twenty-four (24) hour day with additional

hours worked paid on an hour for hour

basis as required when an employee is

actually in the courtroom or required to

be in the Public Safety Building prior to

the giving of testimony; Provided,

however, such minimums are paid only when

call-back for court time is not an

extension of the shift, either at the

beginning or the end it shall be at the

overtime rate only for the actual time

spent in court.  In Service Training time

(outside of a scheduled shift) shall be

paid at employee's straight time rate with

a minimum of two (2) hours.

 

            The Association proposes that there should be a flat four

hours for call back.  The Association argues that its

proposal will help compensate the officers for the disruption

of their daily lives.  Officer Gary Schweighardt testified

that if a subpoena for him to appear in court is cancelled

and he is notified at home, just as he was leaving for court,

he receives no compensation, despite the obvious

inconvenience involved.

 

            The City argues that the current contract language

regarding call-back time is consistent with that of the

comparable cities.

 

            The language of the expired Agreement calls for a minimum

of two to three hours of call-back pay at the overtime rate.

This serves to provide compensation for the inconvenience

involved in being called back to work during off-duty time.

The question here is whether the call-back provision which

has been previously negotiated by the parties is unfair.

There is nothing inherently unfair about the two and three

hour minimums which are contained in the expired contract.

Moreover, these levels are generally not inconsistent with

the contract provisions applicable to the comparable cities:

 

                        Call-back Minimum Hours

 

Aberdeen                    3

Kennewick                  3

Pullman                       2

Richiand                     4

Walla Walla                3

Wenatchee                 2 on duty days for the officer,

                                    4 on off-duty days

Barstow                      0

Brawley                      4

Grants Pass                2

Klamath Falls 3 on-duty days, 4 on off-duty days.

 

            Therefore, no change in the existing language for call-back

pay shall be ordered.

 

            C.        Standby Pay

 

            The Association has proposed a new section which would

provide for compensation at 25 percent of the employee's

normal hourly pay when that employee is on-call.  The

Association asserts that certain employees are required to

wear a pager so as to be available for immediate call back.

The Association contends that this limits the employee's

ability to go where he wishes on his own time, and therefore

is deserving of additional compensation.  The City contends

that the Association's proposed standby pay provision is not

common among the comparable cities.  It further asserts that

testimony at the hearing showed that employees who did carry

a pager on weekends were essentially unrestricted in their

travel and activities, except to respond to the pager when

called.

 

            The standby pay issue relates to a practice by the

Department of having detectives, on a rotating basis, carry a

pager over the weekend.  In the event of a major crime, the

detective with the pager is called in to work.  Detectives

normally do not work on weekends.  Gary Schweighardt

presented the only testimony in this regard.  Officer

Schweighardt is not a detective.  Officer Schweighardt

testified that he did not know of any restrictions upon the

freedom of the on-call detective to travel over the weekend.

He testified that they were told that on-call detectives

could go fishing.  Officer Schweighardt does not know if

there are any restrictions on the on-call detective regarding

response time or how far that detective could travel.

 

            It is not clear from the record whether any of the

comparable jurisdictions require detectives to carry a pager

while off-duty.

 

            Although detectives may be asked to carry a pager, there

is no evidence that their actions or travel are restricted,

or that the on-call detective may be penalized in some manner

for failing to report.  There is insufficient evidence to

establish that the situation for the off-duty detectives is

significantly different from other officers who may be called

in to work in an emergency.  The pager may help the City to

contact a detective.  However, its use does not, in itself,

place a special burden on the detective so as to restrict

travel or activities.  If something more, in fact, is

required of the detective with the pager, such as a

requirement that he or she report to work within an hour of

being paged, or that he or she not travel far from the City,

then the Association may have had a stronger argument.

 

            As the term suggests, standby pay refers to a situation

where employees are paid to standby to report to duty.  No

standby pay shall be ordered here, since it has not been

shown that employees are required to standby in a manner

which materially interferes with their off-duty time.

 

            D.        Travel Time

 

            The Association has proposed amending the overtime

article to reflect that travel time to and from in-service

training shall be considered time worked.  Article VIII,

Section 3 of the expired Agreement reads:

 

                                    Section 3.  Other Rules.  The

                        following additional rules for overtime

                        shall be followed:

                        a.  In Service Training.  Travel time

                        to and from classes shall not be claimed

                        as overtime.

 

                                                * * *

The Association asserts that it would not find the existing

language to be troublesome if the in-service training was

conducted in the Tn-Cities area.  The Association finds

fault with the failure of the City to compensate employees

for the time that is required to travel to distant training

areas.  The City asserts that it has paid officers for travel

to out-of-town training as required by federal law.  It also

points out that paid travel time is not provided by the

contracts of the comparable jurisdictions.

 

            Officers are, on occasion, required to travel to distant

locations, such as Seattle or Olympia, in order to attend

training.  The City has not paid overtime for time spent in

travel beyond the normal work day .  The City has required

officers to work a full shift and then, on the same day,

travel as much as 250 miles by bus or car in order to arrive

at the training site on time.

 

            The City provided information regarding seven13 of the

comparable jurisdictions.  None of them provided for paid

travel time.

 

            13No information on this issue was supplied with

regard to Richland, Kennewick, and Grants Pass.

_____________________

 

            There is insufficient basis for the Association's request

that all travel time to and from in-service training should

be considered as time worked.  Such a request is contrary to

language which has been previously negotiated by the parties.

The Association's request is unsupported by reference to the

comparable cities or by other evidence.  No change in

contract language shall be ordered in this regard.14

 

            14The Association has pointed out an apparently unfair

requirement that officers work a full shift and then travel

over 200 miles by car or bus on the same day without

additional compensation.  Regarding that specific problem,

the Association's proposal is overly broad.

___________________________________

 

            The parties have previously agreed that travel time to

and from training classes cannot be counted as overtime.

Even in the absence of such language, arbitrators have

usually been unwilling to grant compensation for travel time

in the absence of a specific agreement to that affect.

Badger Coal Co., 77-2 ARB Para. 8537 (Wren); Public Service

Co. , 52 LA 639 (Klein, 1969)

 

IX.       VACATION CREDIT

 

            Under the expired agreement, vacation credit accrues as

follows:

 

ARTICLE XIV - HOLIDAYS AND VACATIONS

 

            Section 1. Vacations.   (a)  Vacation

Credit.  All regular employees shall

receive vacation credit at the rate of one

(1) work day for each month of continuous

service starting from the date of his

probationary employment.  After entering

his tenth (10th) year of continuous

service each employee shall earn vacation

credit at the rate of one and one-fourth

(1-1/4) work days per month.  After

entering his fifteenth (15th) year of

continuous service, each employee shall

earn vacation credit at the rate of one

and one-half (1-1/2) work days per month.

           

                                                   * * *

            The Association proposes that this language be replaced

with the following:

 

                        ARTICLE XIV - HOLIDAYS AND VACATIONS

 

                                    Section 1.  Vacations.  (a) Vacation

                        Credit.  All regular employees shall

                        receive vacation credit in an amount equal

                        to the following table:

 

                        YEARS OF SERVICE           DAYS/MONTH

 

                                    0-5                                      1.0

                                    6-10                                    1.25         

                                    11-15                                  1.50

                                    16-20                                  1.75

                                    21-25                                  2.0

                                    26-                                      2.25

 

                                                            * * *

The Association asserts that there is a large gap between the

City's vacation accrual rate and the rates of the comparable

cities.

 

            The City argues that the current language should be

retained.  It recognizes that the vacation hours currently

granted is on the low side of average after 15 years of

employment.  The City points out that no testimony on this

issue was presented at the hearing.  It also points out that a

change at this time would benefit only three employees.

 

            The chart on the following page shows the number of annual

vacation hours accrued in the comparable cities.  The first

column reflects the number of hours accrued during the first

five years of employment.  The second' column reflects the

vacation accrual during the sixth through tenth year of

employment, etc.

 

Annual Vacation Accrual for Years of Service

 

                        1-515                6-10 Years                  11-15                           16-20

Aberdeen        120 hours        144 hours                    160 hours                    200 hours

Kennewick      No information provided

Pullman              96                 120                              144                              168     

Richiand         No information provided

Walla Walla       80                 120                              160                              160

Wenatchee        96                 120                              14416                            160

Barstow          120                 160                              160                              160

Delano17             80                 10418                             14419                             160

Grants Pass    100                 120                              160                              160

Klamath Falls 11020               144                              168                              168

 

Average          100.25            129                              155                              167

Median              98.00            120                              160                              160

Pasco                 96                   96                              120                              144

_________________

 

            15Some cities increase the rate of vacation accrual at

the start of the fifth year, while others provide for the

increase at the end of the fifth year.  In either case, the

city was listed in the 6-10 year category.  The other

categories have been treated similarly.

 

            16This rate is an average for the period since the

rate changes from 120 to 160 after 12 years.

 

            17Delano has a higher rate for employees hired before

November 1984.

 

            18This is an average figure for the period since the

accrual rate changes each year.

 

            19This is an average figure for the period since the

accrual rate changes each year.

 

            20This is an average figure for the period since the

accrual rate changes in the third year.

____________________

 

            While the vacation accrual rate in Pasco is competitive

during the first five years of service, after five years, it

is clearly behind all of the comparable cities.  There has

been no justification offered for such a discrepancy.

Therefore, I shall order that vacation accrual be raised to

the prevailing rate among the comparable cities.  The revised

language shall read:

 

                        ARTICLE XIV - HOLIDAYS AND VACATIONS

 

                                    Section 1. Vacations.  (a)  Vacation

Credit.  All regular employees shall

receive vacation credit at the rate of one

(1) work day for each month of continuous

service starting from the date of his

probationary employment.  After entering

his sixth (6th) year of continuous service

each employee shall earn vacation credit at

the rate of 1.25 work days per month.

After entering his eleventh (11th) year of

continuous service, each employee shall

earn vacation credit at the rate of 1.50

work days per month.  After entering his

sixteenth (16th) year of continuous

service, each employee shall earn vacation

credit at the rate of 1.67 work days per

month.

 

X.        SICK LEAVE

 

                        A.        Sick Leave Accrual, Cap, and Cash Out

 

            In the expired Agreement, Article VII, Section 3.a

provides:

                        a.         Accrual of Sick Leave - Sick leave

shall accrue at the rate of 8.25 hours for

each month for each regular employee to a

maximum accumulated sick leave of 120 days;

however, the severance benefit provided

hereafter shall be based on the product of

twenty-five percent times the accrued number

of sick leave days up to a total of 90 days.

 

The Association proposes that the sick leave accrual rate be

changed to 8.0 hours per month and that there be no cap on

the amount that can be accumulated and on the severance

benefit.  The City opposes these changes.

 

            No evidence was presented regarding the cap on severance

benefits.  The situation in the comparable jurisdictions for

the sick leave accrual rate and cap is reflected in the

following chart:

 

                                                Sick Leave

            City                             Accrual Rate                          Cap

 

            Aberdeen                    8 hours/month             960 hours

            Kennewick                  8                                              960

            Pullman                       8                                              800

            Richi and                    8                                              None

            Walla Walla                8                                              960

            Wenatchee                 8                                              960

            Brawley                      8                                              None

            Delano                        Not specified in Contract

            Grants Pass                8                                              None

            Klamath Falls 8                                              960

            Pasco                          8.25                                         960

 

            I find that a change in the sick leave accrual rate to

8.0 hours per month is appropriate.  This rate is consistent

with the rate in all of the comparable cities and also

conforms with the change in the normal work day which has

been decided elsewhere in this Opinion.  The 960-hour sick

leave cap is typical of the caps contained among the

comparable cities and shall be retained.  Since there is no

evidence justifying a change in the cap on sick leave cash

out, I find that no change in that item is justified.

 

            The Association also proposes that the following language

be added to the Agreement:

 

Any employee promoted outside of the

bargaining unit should have his LEOFF I

sick leave cashed out effective the date

of his promotion.

 

The Association reasons that there is a need to recognize a

natural hesitancy on the part of the individual officers to

accept promotions if it means possibly giving up those

accrued benefits.  The City opposes this proposal.

 

            No evidence was presented regarding this issue.  I find

insufficient reason for adding the proposed language to the

Agreement.

 

            B.        Light Duty

 

            Currently, Article VII, Section 5 provides:

 

                                    Section 5.  Return to Work.  LEOFF II

officers will be allowed to return to work

after full recuperation from serious

illness or disability after a maximum

period of six (6) months.  No light duty

is available to such officers.

 

The Association proposes that the City make a reasonable

effort to place disabled officers intolight duty positions.

The Association asserts that this would permit the City to

get needed work done, while employees keep working instead of

languishing on sick leave.  The City responds that the

current language should be maintained.

 

            Detective Richard Morrell testified that he was able to,

and did, function as a detective despite a recent injury that

would have prevented him from performing patrol duties.

Detective Morrell testified that disabled patrol officers

could perform detective type functions.  Detective Robert

Moore testified that after he was injured, he was asked to

come in to work in the detective section on a limited duty

basis.  Officer Ken Roske testified that he was off work for

14 days because of an on-the-job injury.  He utilized his

sick leave during that time.  Officer Roske testified that he

would have been able to perform light-duty work after being

out about five days.  Officer Dennis Cummins testified that

he broke his finger while on duty and was off for two

months.  He believed that during this period he could have

been doing follow-up interviews of witnesses or other

light-duty work.  Officer Bill Corbett testified that an

injury caused him to be off work for three or four months.

He used up his sick leave and then was uncompensated.

Officer Corbett believes he could have worked during this

time by taking reports over the phone and interviewing

witnesses.

 

            Chief Francis testified that there is a limited amount of

light-duty work that could be done and limited space for it

to be performed.  Captain Dennis Kasparek testified that the

light-duty concept would place a difficult administrative

burden on the City.  He testified that the department is

cramped for space and there is no reasonable space for the

light-duty work to be performed.  Captain Kasparek also

testified that keeping the light-duty employee busy would be

burdensome on the administration.

 

            Of seven comparable cities surveyed, none had contract

language which allowed or required light-duty

arrangements.21

 

            21No information was provided regarding Richland,

Kennewick, and Grants Pass.

_________________________________

            I find there to be insufficient reasons for requiring the

City to consider light-duty assignments.  While the option of

performing light-duty work would be a benefit to the

employees, it also would create a burden on the City.  Each

time there was an officer absent because of injury, there

could very well be a dispute as to whether light-duty work

could be found for that officer.  There is no support for the

Association's position among the comparable cities.  I find

insufficient basis for adding the light-duty requirement to

the Agreement.

 

            C.        paternity

 

            Article VII, Section 6 currently reads:

 

                        Section 6.  Paternity.    Employees

            will be granted up to five (5) consecutive

days off without pay immediately after the

birth of their (legitimate) child if sick

leave is not otherwise available.  The

employee at their option may use

accumulated sick or vacation leave

benefits in order to avoid the loss of pay

during the period of paternaty [sic]

leave.

 

The Association has proposed making the leave paid, instead

of unpaid, and the deletion of the requirement that the

status of the newly born child be "legitimate."  The City

opposes these proposals.

 

            The Association's request for paid paternity leave is

denied.  No evidence was presented to support this request.

There is no indication that any of the comparable cities

provides such a financial benefit.

 

            The Association's proposal that the word "legitimate" be

removed as a requirement is reasonable.  As the Association

points out, the relationship between parents and children

does not depend on the marital status of the parents.

Therefore, the first sentence of Article VII, Section 6 shall

be amended to read as follows:

 

                                    Employees will be granted up to five

(5) consecutive days off without pay

immediately after the birth of their child

if sick leave is not otherwise available.

 

            D.        Sick Leave procedures

            The City has proposed that Article VII, Section 2 be

modified so that the procedures for the use of sick leave set

forth in Section 3.c for LEOFF II employees be incorporated

into the LEOFF I employee section.  The City points out that

one Association witness testified that the provisions of

subsection 3.C are reasonable and in fact have been expected

of LEOFF I officers.  No Employer witness testified regarding

this proposal.  It is not clear from the record why this

change in contract language is desired or needed.  I find

insufficient basis to justify a change to Article VII,

Section 2.

 

            E.         Family Illness

 

            The City proposes an amendment to Article VII, Section 4

which concerns family illness.  The City would like to see

state statutory requirements for the use of sick leave for

caring for sick children replace the existing contract

language.  No evidence was presented which would explain or

justify the City's desire or need to amend the Agreement in

this regard.  I find insufficient basis to justify a change

to Article VII, Section 4.

 

XI.       SENIORITY

 

            The Association asserts that there should be a new

article which would define seniority and describe how layoffs

would be handled.  The City asserts that this subject is

adequately covered by state and local civil service rules.

The Association responds that the subject should be in the

contract so that any changes would have to be bargained, and

so that the Association would have a say in selecting an

impartial decision maker.

 

            No evidence was presented on this issue except that the

Association pointed out that four of the six comparable

Washington cities contain a provision defining seniority.

Since there is no indication of any problem with the current

civil service method of handling seniority, I find

insufficient basis for requiring a change in the Agreement.

 

XII.     ZIPPER CLAUSE

 

            The Association proposes that the zipper clause contained

in Article II, Section 3 be deleted from the Agreement.  In

this provision, the parties agreed to waive the right to

bargain regarding any matter not covered by the Agreement.

The Association reasons that such a provision strains the

relationship, since either party could unilaterally implement

regarding terms and conditions of employment that would fall

within the coverage of the broad zipper clause.

 

            I find there to be insufficient basis for changing the

contract language in this regard.  The Association presented

no evidence showing a need to eliminate this existing

contract provision.  Three of seven comparable cities22

have a zipper clause in their contract.

 

            22Wenatchee, Barstow, and Delano have zipper clauses.

Aberdeen, Pullman, Walla Walla, and Klamath Falls do not.  No

information in this regard was presented for Richland,

Kennewick, and Grants Pass.

________________

 

 

 

XIII.    MANAGEMENT RIGHTS

 

            The Association has proposed that the following language

be added to the existing management rights clause of the

Agreement:

 

                                    4.         The Employer will not utilize

these rights to avoid responsibilities as

outlined under this collective bargaining

agreement, and specifically will not

exercise its rights to give employees time

off on an involuntary basis in order to

cut back on hours of work to save money,

and will not sub-contract out any

bargaining unit work, including hiring

private security guards to patrol city

property, and will not enter into

pre~employment "yellow dog" contracts with

those persons who are hired into positions

represented by the Association.

 

These are items specifically listed in this provision:  time

off to save money, subcontracting security guards, and pre-

employment contracts.

 

                        A.        Time Off to Save Money

 

            The Association asserts that it proposed this language in

response to an assertion by a City representative during

negotiations that the City could send Association members

home during a shift in order to save money.

 

            I find insufficient basis for adding this provision to

the Agreement.  The Association does not assert that its

position is supported by reference to the comparable cities.

There is no evidence that this provision is necessary to deal

with a real problem.  There is no indication that employees

have ever been sent home during a shift in order to save

money, and there is no indication that such is planned.

 

                        B.        Subcontracting

 

            This issue arose when the City hired private security

guards to patrol Memorial Park in 1988.  Chief Francis

testified that the City was experiencing problems at its

Memorial Park and Volunteer Park.  Both were infested with

drug dealers, prostitutes, and transients.  The City did not

have enough officers to take care of the situation in both

parks.  It handled the situation at Volunteer Park with its

own officers.  It contracted with a local security patrol

company to place private security guards in Memorial Park and

keep them there all day.  These private security guards were

not deputized.  They were intended to be used as a deterrent

to the presence of undesirable people in the park.  The

guards were instructed to call the police department on the

radio if undesirable people entered the park and stayed.  The

problem at the parks was solved.

 

            The Association asserts that the hiring of private

security guards is a departure from past practice and is

removing income from the Association members.

 

            I find insufficient basis for adding this provision to

the Agreement.  The Association has not asserted that its

position is supported by reference to the comparable cities.

There has been no showing that the temporary use of the

security guards has had a significant adverse affect on the

bargaining unit.  No employees have been laid off, and, in

fact, the City has added significantly to the size of its

police force.  The security guards were successfully used for

a temporary problem.  They did not serve as police officers.

They had no power of arrest.  Rather, they served only as a

presence to deter trouble, and to contact the police if they

witnessed any problem.  The use of these security guards does

not justify adding to the Agreement a provision which would

prohibit the City from contracting out.

 

                        C.        Preemployment Contracts

 

            The Association proposes that the City not be permitted

to enter into preemployment contracts with new employees.

The Association asserts that this is aimed at the City's

practice of requiring new hires to sign an agreement to

reimburse the City for the costs of training if the new hire

leaves the Department within 24 months.  The Association

reasons that the current City practice amounts to individual

bargaining and is a circumvention of the bargaining agent.

The Association points to several arbitration decisions where

arbitrators have held that an employer cannot enforce

individual agreements concerning working conditions that have

not been agreed to by the union.  It also points to a

decision by the Washington Public Employment Relations

Commission which held that a union had standing to contest an

employer's requirement that all new employees not use tobacco

products on or off duty, even though it did not apply to

current employees.  Kitsap County, Dec. 2872 (PECB, 1988).

 

            The Association has not contended that its position is

supported by reference to the comparable cities.  There is no

evidence that the pre-hire agreement required by the City is

unusual.  There is also no evidence that the City has ever

applied the pre-hire agreement.  If the City has engaged in

unlawful unilateral conduct, then the proper forum would be

before PERC or perhaps before a grievance arbitrator.  Here,

there is just insufficient basis for finding that there

should be a specific clause in the Agreement banning all

pre-hire individual contracts.

 

                        D.        Long Form Clause

 

            The City proposes to replace the management rights clause

currently in the Agreement.  The City asserts that long form

management rights clauses, such as it proposes, are commonly

found in collective bargaining agreements.  However, the

management rights clause which the City proposes is about the

same length as the one it is intended to replace.  The

language is different.  However, there is no evidence which

would show why the proposed new language should be favored

over the language which was in the expired Agreement.  I find

there to be insufficient basis for a change in the management

rights clause contained in the previously negotiated

Agreement.

 

XIV.    CREATION OF NEW CLASSIFICATION

 

            The Association proposes the following new article:

 

                        ARTICLE IIIA - CREATION OF NEW

                                    CLASSIFICATIONS

 

                        Should the Employer create new

classifications which are added to the

Pasco Police Association, or the Employer

substantially changes the duties of the

classifications which are represented by

the Association, or as a result of a PERC

decision, new classifications are added to

the Association, then the Agreement shall

be open for the sole purpose of

negotiating wages and working conditions

for those classifications.

 

 

The Association argues that this clause is needed to deal

with an accretion to the bargaining unit.  The Association

reasons that once the new positions are within the unit and

covered by the Agreement, there should be negotiation over

how those positions are paid and how they are worked.

 

            The City argues that there is no need for this

provision.  The City points out that the Association is by

law entitled to impact bargaining on subjects for which

decision bargaining is not required by the employer.

 

            I find insufficient evidence to support an additional

article dealing with new classifications.  The Association

has not contended that its proposal is supported by reference

to the comparable cities.  There is no evidence that any

problem in this area has ever arisen in the past or is

expected in the future.  The Association has not met its

burden of proving why this new language is warranted.

 

XV.      BILL OF RIGHTS

 

            The Association has proposed that a very lengthy officer

"bill of rights" be included in the Agreement.  This proposal

sets forth 3 1/2 single-spaced typewritten pages of numerous

protections for the officer.  These rules and restrictions

relate to departmental disciplinary investigations, personal

information that the officer may be required to disclose,

political activity by the officer, the use of lie detector

tests, and matters related to personnel records and

evaluations.  The Association asserts generally that these

rules are necessary in order for officers to obtain due

process.  The City questions the need for such an article.

 

            Chief Francis testified that the Department has had

policies and procedures regarding internal investigations and

disciplinary matters since 1984, when he worked together with

representatives of the Association to establish them.  Chief

Francis further testified that no Association representative

has ever indicated to him that these policies and procedures

were inadequate.  Association president Schweighardt

testified that he was not aware of any problems with the

manner in which internal investigations are conducted.

 

            The Association has offered no detailed evidence or

arguments which would support any of the many matters which

are contained within its proposed bill of rights.  Of the

seven comparable cities for which such information was

provided,23 only two24 contained a bill of rights

article, and those related to internal investigations only.

I find there is insufficient basis for requiring the

inclusion of a bill of rights in the Agreement.

 

            24No such information was provided with regard to

Richland, Kennewick, and Grants Pass.

 

            24Aberdeen and Walla Walla.

_________________

 

XVI.    GRIEVANCE - DISCIPLINE PROCEDURE

 

            The expired Agreement provides that disciplinary actions

which may be appealed to the City Civil Service Commission

are not subject to the grievance procedure.  The Association

proposes to allow employees the option of appealing any

disciplinary action through the grievance procedure or

through the Civil Service Commission.  The Association

asserts that it would be more equitable if both parties have

a hand in the selection of the decision maker.  The

Association asserts that a majority of the comparable cities

settle discipline matters through the grievance procedure.

 

            The City asserts that the current handling of

disciplinary appeals by the Civil Service Commission is a

process that has worked, and no change is necessary.  The

City points out that this process is set forth in RCW Chapter

41.12 which provides a uniform statewide body of law setting

forth both procedural and substantive standards for the

discipline of city police officers.  The City points out that

the Association's proposal does not establish any standards

to be used by a grievance arbitrator in a disciplinary

matter.  The City notes that there is a well established body

of case law interpreting Chapter 41.12 which serves to

provide for stability, uniformity and predictability.

 

            I find insufficient basis to adopt the Association's

proposal.  There is no evidence which would indicate any

problem with the current method of handling discipline.

There is not even any indication of mistrust of the current

system by bargaining unit members.  Among the comparable

cities, five provide for the arbitration of disciplinary

disputes;25 four do not.26  Thus, no trend is apparent.

 

            25Kennewick, Pullman, Richland, Grants Pass, and

Klamath Falls.

 

            26Walla Walla, Wenatchee, Barstow, and Delano.  The

parties disagree as to the situation in Aberdeen.  The

contract language for Aberdeen is not clear in this regard.

 

XVII.   SMOKING

 

            The City proposes the following new article:

 

                                        Employees who have not signed

agreements not to smoke, both on the job

and off the job, as a condition of

employment at the time of initial hire

shall have until June 1, 1990, to totally

quit smoking.  Until June 1, 1990,

employees who have not previously signed

agreements not to smoke as a condition of

employment at the time of hire shall

confine their smoking to off the job.  All

new employees shall, as a condition of

their employment sign an agreement not to

smoke, both on the job and off the job, as

a condition of employment.

 

                                                The City will pay up to $300.00 (one

 time) for tuition reimbursement to any

existing employee who enrolls and completes

a stop smoking program in order to quit

smoking.

 

The City asserts that this proposal is intended to maintain a

healthful working environment and to reduce the costs of

health insurance coverage.  The Association asserts that

there has been no showing that this requirement is needed or

that there is a fitness problem in the Department due to

smoking.  The Association asserts that if a smoking article

must be included, it should be a positive one, such as

increasing the pay of nonsmokers by 2 percent.

 

            In RCW Chapter 70.160, the Washington State legislature

recognized the increasing evidence that tobacco smoke in

closely confined spaces may create a danger to the health of

nonsmokers.  In view of this, the legislature banned smoking

in public places, except in designated smoking areas.  One

commentator has suggested that employers may face costly

litigation if they fail to protect their nonsmoking employees

from smoking employees.  Raymond L. Paolella, "The Legal

Rights of Nonsmokers in the Workplace," 10 U.P.S. Law Rev.

591-632 (1987)

           

            Officer Schweighardt testified that a number of officers

use tobacco products and that because of the stressful nature

of the job, officers are smoking more and more.

 

            I find that there is insufficient basis for adding a

no-smoking provision to the Agreement.  There is no evidence

of any support for these proposals among the comparable

cities.  The City's proposal goes way beyond the protection

of nonsmokers.  The City's proposal would restrict the use of

tobacco products off premises and during off-duty time.

There is no evidence of the effect on the City of officers

continuing to smoke while not in the presence of nonsmoking

employees.

 

XVIII .            CAREER DEVELOPMENT PLAN

 

            A .       Education/Longevity

 

            Article XVIII in the expired agreement provides, in

pertinent part, as follows:

 

                                                * * *

                        Effective 1/1/87 each employee shall

            be eligible for an education premium for

            compensable work upon obtaining a college

            degree in one of the above specified areas

            of study in the following amounts:

 

                        a.         Police Officer:

 

            Degree Level Achieved         0-5 vrs             6-10 vrs           11+ vrs

                        AA (AS)                      $50/mo            $75/mo            $100/mo

                        BA (BS)                      $100/mo          $125/mo          $150/mo

 

                        b.         Sargeants [sic] and Corporals:

 

                Degree Level Achieved                                        Amount

 

            AA (AS) in Police Related Field                                  $75/mo

            BA (BS) in Police Related Field                                $125/mo

 

            c.         Evidence Technition [sic] (if remains in

                        bargaining unit):

 

               Degree Level Achieved                                          Amount

 

            AA (AS) in Police Related Field                                $40/mo

            BA (BS) in Police Related Field                                $80/mo

 

The above language provides extra longevity pay only for

employees with a college degree.

 

            The Association seeks to separate the longevity and

education premiums and have them calculated on a percentage

basis.  The Association's proposal reads as follows:

 

                        Section 2.  Education/Longevity.       Each

            employee shall be eligible for the

            following premiums in the following

            amounts:

 

Completed

Years of          3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Service

 

Premium

for       %        2 2 2 2 2  3  3  3  3  3  5  5  5  5  5  7

Longevity

 

Two Years

College

Premium  %   2 2 4 4 4 4 4  5  5  5  5  5  7  7  7  7  7  9

 

Bachelor's

Degree   %     3 3 5 5 5 5 5  6  6  6  6  6  8  8  8  8  8 10

Premium

 

(The above percentages are computed from

the base wage of the eligible employee.)

 

The Association asserts that the City needs a better trained

and better educated officer.  The Association contends that

the Department's high rate of turnover indicates that there

needs to be incentives to make officers stay and keep their

experience and education in the City.

 

            The City proposes to retain the current contract

language.  It asserts that the longevity pay schedule is a

disincentive to promotion and to employees furthering their

education.  It asserts that benefit levels should not be

calculated on a percentage basis so as to automatically rise

with wage increases.  Rather, it contends that the premium

should be set at a fixed dollar amount.  It further asserts

that the current amounts paid are fair and appropriate when

compared with the comparable cities.

 

            Of the seven comparable cities, for which data was

provided, 27 only Walla Walla combined educational

incentive and longevity in a manner which is somewhat

comparable to Pasco.  In Walla Walla, an officer with only a

high school degree does receive a longevity premium in the

following amounts:

 

            5          years   - $17 per month

          10                      -  25

          15                      -  32

 

            27Such data was not presented for Richland, Kennewick,

and Grants Pass.

___________________

 

An officer in Walla Walla with a college degree receives

additional pay which varies with the officer's longevity:

 

                                                            AA                   BA

               5       years                           1%                  2%

            10        years                           2%                  4%

            15        years                           3%                  6%

 

The situation in the other six comparable cities is reflected

below:

                                    Longrevity-Monthly       Educational Incentive-Monthly

            City                                                                 AA                   BA

            Aberdeen                    None                           None               None

            Pullman                       None                           4%                  8%

            Wenatchee                 $15-60                         None               None

            Klamath Falls None                           4%                  10%

            Barstow                      None                           $92                  $138

            Delano                        $40 after 8 yrs            $100                $125

 

            Based upon a comparison with the comparable

jurisdictions, there is insufficient justification for the

City to pay both separate longevity pay and educational

incentive.  I base this finding on several considerations.

First, only one other comparable city pays separate longevity

pay and educational incentive.  Second, the parties have

relatively recently negotiated a format which combines

consideration of longevity and education.  Third, one

comparable city has a similar format.  For these reasons, and

particularly because of the lack of support among the

comparable cities for paying a longevity premium in addition

to an education premium, I have determined to maintain the

current format of combining the premium for education and

longevity.

 

            I find that a percentage increase is appropriate, rather

than a set monthly sum.  The comparable cities are about

evenly split on this.  The use of a percentage figure rather

than a dollar figure should lessen the risk of conflict over

this issue in the future.

 

            Below is the language which shall replace the second

paragraph of Article XVIII.  It reflects figures which are

within the parameters of the comparable cities:

 

                        Effective 1/1/89 each employee shall

            be eligible for an education premium for

            compensable work upon obtaining a college

            degree in one of the above specified areas

            of study in the following amounts:

 

                        a.         Police Officer:

 

            Degree Level Achieved          0-5 yrs            6-10 vrs           11+ yrs

 

                        AA (AS)                      2%                  3%                  4%

                        BA (BS)                      4%                  6%                  8%

 

                        b.         Sergeants and Corporals:

 

            Degree Level Achieved                     Amount

 

            AA (AS) in Police Related Field           3%

            BA (BS) in Police Related Field         6%

 

                        c.         Evidence Technician (if remains in bargaining

                                    unit):

 

            Degree Level Achieved                     Amount

 

            AA (AS) in Police Related Field             2%

            BA (BS) in Police Related Field             4%

 

                        B.        Bilingual Incentive

 

            The Association proposes the following addition to the

Agreement:

 

                        Section 3.        Bi-Lincrual Incentive

 

                        A.        Any Association member who is

bi-lingual in Spanish and whose proficiency

in Spanish is to the extent that that

officer is utilized to translate for the

department, shall receive 5% premium pay

for having the capability to do bi-lingual

translation.

 

      B.        Any Association member who

                  believes that he or she is bi-lingual in

                  Spanish shall submit written notification

of that fact.  Should the City disagree

with whether or not the Association member

is bi-lingual in Spanish,  that matter shall

be resolved in arbitration pursuant to the

grievance procedure of this Agreement.

 

The Association argues that extra pay for fluency in Spanish

is warranted because of its value to the City and also

because of the extra work which Spanish-speaking officers are

called upon to perform.  The City opposes this proposal

because it has not been shown that such incentive pay would

produce new bilingual employees.  The City asserts that the

proposed bilingual incentive is not an incentive at all, but

rather a premium pay for usage of a language skill already

acquired by a few department employees.  The City points out

that under the expired Agreement employees can already

receive tuition reimbursement for Spanish courses, and that

education/longevity pay is given for degrees obtained from

college course work, including Spanish classes.  The City

further points out that Spanish-speaking employees are

afforded additional work and overtime opportunities.

 

            The City has a significant Spanish-speaking population.

Chief Francis testified that he would like to have a few more

Spanish-speaking officers.  Currently there are two.

Detective Robert Mancillas is one of them.  He testified that

he is called upon on a daily basis to translate for other

officers or for the dispatcher.  He has been called many

times at home at all hours to do this.  Often this takes up

only five or ten minutes per call.  Detective Mancillas

testified that he was discouraged by a supervisor from

requesting overtime for such short periods.  Detective

Mancillas further testified that either he or the other

Spanish-speaking officer must be the first officer through

the door on almost every search warrant which involves

narcotics.  Detective Mancillas testified that as a result of

his having to translate, he has less time to perform his

regular detective functions, and his work load and stress

level keep mounting.  Officer David Allen, in a written

statement, indicated that he has to use one of the

Spanish-speaking officers on a daily basis, in order to

communicate with witnesses.

 

            Three of the comparable cities offer extra compensation

for officers who are fluent in Spanish.  In Barstow,

qualified bilingual officers receive 5 percent of base hourly

salary for actual time spent in providing bilingual

services.  In Klamath Falls, an officer receives 5 percent

extra pay for proficiency in a foreign language.  In Delano,

a bilingual officer receives an additional $25 per month.

 

            I agree with the Association's position that an officer

who is fluent in Spanish deserves extra compensation.  Such

officers have special value to the City.  They provide a

necessary service which other officers are incapable of

performing.  More demands are placed upon them, both while on

duty, as well as during their off-duty hours.

 

            While most of the comparable cities do not offer extra

pay for Spanish-speaking officers, it is unlikely that most

of them have the significant Spanish-speaking populations

which would cause such officers to be so valuable.  A

significant minority of the comparable cities do provide

premium pay for bilingual officers.

 

            I find that the City shall provide additional

compensation to those officers who are fluent in Spanish, in

an amount which would increase their base wages by 2

percent.  The 2 percent figure is less than that paid by

Klamath Falls, but more than the amount paid by Barstow and

Delano.  The following section shall be added to Article

XVIII:

 

                        Any Association member who is fluent

            in Spanish shall have their base wages

increased by 2 percent.  Such proficiency

shall be reasonably determined by the City.

 

XIX.    MEDICAL INSURANCE

 

            The current Agreement reads:

 

                        ARTICLE X - MEDICAL,DENTAL, AND LIFE

                                                INSURANCE

 

                        Section 1.  Medical and Dental

            Insurance for Employees and Dependents.

            Effective January 1, 1987, through December

            31, 1988, the parties have agreed to the

            following:

 

                                    a.         The City will pay up to Two

                        Hundred Dollars ($200.00) per month per

                        Employee for medical and dental insurance.

 

                        b.         The Employee and the Employer will

share any rate increases on a fifty-fifty

basis up to a total premium of Two Hundred

and Sixty Dollars ($260.00) per month for

medical and dental insurance.

 

                        c.         The employer will pay any excess

                        premiums above $260 per month.

 

                        The City retains the right to maintain

a self insurance program or to select

insurance carriers, for the purpose of

containing the premium rate increases.

During the term of the Agreement, the City

retains the right to:

 

                                    i.          Raise the deductible and medical

to One Hundred Dollars ($100.00) per person

per calendar year to a maximum of Three

Hundred Dollars ($300.00) per covered

family per calendar year.

 

                                    ii.         Maintain a deductible and

Eighty/Twenty percent (80%/20%)

co-insurance which apply to all covered

medical and expenses incurred, with the

exception of the first Five Hundred Dollars

($500.00) of accident expenses, which will

be covered One Hundred Percent (100%) to

Five Hundred Dollars ($500.00) and not

subject to the deductible.

 

                                    iii.        Establish a Twenty-five Dollar

($25.00) deductible per person per calendar

year on dental to a maximum of Seventy-five

Dollars ($75.00) per covered family of

Class 2 and Class 3 dental expenses.  The

deductible will not apply to Class 1 dental

expenses, i.e., covered diagnostic and

preventive care.

 

                                    Section 2.  Vision Care.  LEOFF II

officers shall be eligible for

reimbursement to an annual maximum of Two

Hundred Dollars for the combined usual and

customary charges for (a) visual

examination, (b) corrective lenses, (c)

frames.  The program will not cover

oversize, photogray, or decorative

glasses.  An examination and new lenses may

be obtained every twelve (12) months, but

only if the latter are medically required.

Repair and/or replacement of broken or lost

glasses is not an eligible expense.

 

                                    Section 3.  Life Insurance.  The City,

for the term of this Agreement, shall

continue to provide an        a  plan

with benefits increased to Fifteen Thousand

Dollars ($15,000.00) of face value term

insurance.

 

The City proposes to raise the amount it would pay per month

for medical and dental insurance to $225 effective January 1,

1989, and to $250 effective January 1, 1990, and to share

equally with the employee any rate increases above these

amounts.  The Association proposes that Article X should read

as follows:

 

            ARTICLE X - MEDICAL. DENTAL. AND LIFE

                                    INSURANCE

 

                        Section 1.  Medical and Dental

            Insurance for Employees and Dependents.

 

Effective January 1, ____, through December

31, ____, the parties have agreed to the

following:

 

                        The City agrees to provide a medical

an dental insurance plan that is equivalent

to or better than the plans in effect on

the date of the signing of this Contract.

The City will pay the premium cost for the

coverage.

 

                        The City retains the right to maintain

a self insurance program or to select

insurance carriers, for the purpose of

containing the premium rate increases.

 

                        The insurance coverage provided by the

            City shall contain the following features:

 

                        i.  A maximum deductible of Seventy

Five Dollars ($75.00) per person per

calendar year to a maximum of Two Hundred

Twenty Five ($225.00) per covered family

per calendar year.

 

                        ii.         The deductible and Eighty/Twenty

percent (80%/20%) co-insurance will apply

to all covered medical expenses up to

Twenty Five Hundred Dollar ($2,500).  Upon

reaching the Twenty Five Hundred Dollar

($2,500) cap, coverage will be One Hundred

Percent (100%) .  An exception to the

deductible coverage will be the first Five

Hundred Dollars ($500.00) of accident

expenses, which will be covered One Hundred

Percent (100%) to Five Hundred Dollars

($500.00) and not subject to the

deductible.

 

                        iii.        A maximum Twenty-five Dollar

($25.00) deductible per person per calendar

year on dental to a maximum of Seventy-five

Dollars ($75.00) per covered family or

Class 2 and Class 3 dental expenses.  The

deductible will not apply to Class 1 dental

expenses, i.e., covered diagnostic and

preventive care.

 

                        iv.        The City shall provide each

            employee a complete physical examination,

at no cost to the employee by a physician

of the City's choice, during the pendency

of this Agreement.  Provided however, that

the employee has not had a complete

physical within the last three (3) years.

 

                        Section 2.  Vision Care.  LEOFF II

officers shall be eligible for

reimbursement to an annual maximum of Three

Hundred Dollars for the combined usual and

customary charges for (a) visual

examination, (b) corrective lenses, (c)

frames.  The program will not cover

oversize, photogray, or decorative

glasses.  An examination and new lenses may

be obtained every twelve (12) months, but

only if the latter are medically required.

Repair and/or replacement of broken or lost

glasses is not an eligible expense.

 

                        Section 3.  Life Insurance.  The City,

for the term of this Agreement, shall

continue to provide an employer-paid plan

with benefits increased to Fifteen Thousand

Dollars ($15,000.00) of face value term

insurance.

 

                        Section 4.  The Employer will provide

a monthly income disability insurance

policy for each LEOFF II member.  The

policy shall provide compensation at

66-2/3% of total monthly base salary after

ninety (90) days and continuing until age

sixty-five (65).

 

 

            The Association asserts that the vast majority of the

comparable jurisdictions do not favor having employees pay

for some part of their insurance premium.  The Association

asserts that the increasing insurance costs have been harmful

to the employees.  The Association further asserts that the

maintenance of benefits language is necessary in order to

prevent the City from being able to change the plan

unilaterally to the detriment of the employees.

 

            The City argues that the present premium cost sharing

arrangement helps keep rate increases down by making the

employee conscious of the costs of medical services.  The

City asserts that a number of the comparable jurisdictions

have some sort of cost sharing provision or an absolute cap.

The City asserts that there is no evidence why a maintenance

of benefits provision should be included.  It points out that

its insurance plan covers all City employees and, therefore,

a maintenance of benefits agreement can prevent or inhibit a

change in coverage desired by City employees overall.  The

City further points out that the Association proposal for

City paid LEOFF II disability insurance was not pursued at

the hearing, and that this proposal finds little support

among the comparable cities.

 

            The City is currently self-insured for its medical

coverage.  Premiums increased to $249 per month in May 1989.

Several employees testified to the considerable out-of-pocket

medical costs which they have incurred under the present

system.

 

            The situation in the comparable jurisdictions is

described on the following page

 

                                    City Currently                        Cap on City-               Maintenance of

            City     Pays    100% of Premium      Paid Premium Benefits Provision

 

Aberdeen                    Yes                                          No                   ? (Name of plan is

                                                                                                            in Contract)

Kennewick                  Yes                                          No                   ? (Not in evidence)

Pullman                       Yes                                          No                   Yes

Richiand                     Yes                                          No                   ? (Not in evidence)

Walla Walla                Yes                                          Yes                  Yes

Wenatchee                 No                                           Yes                  No

Grants Pass                Yes                                          No                   ? (Not in evidence)

Klamath Falls Yes                                          No                   Yes

Barstow                      Yes                                          No                    Yes

Delano                        No                                           Yes                    No

           

                        8-Yes/2-No                             3-Yes/7-No                 4-Yes/2-No

 

 

            I find that Article X, Section 1 shall be amended to read

as follows:

 

            Section 1.  Medical and Dental

Insurance for Employees and Dependents.

Effective January 1, 1989, through December

31, 1990, the following shall apply:

 

            a.         The City will pay up to Two

Hundred and Seventy Five Dollars ($275.00)

per month per Employee for medical and

dental insurance.

 

            b.  The Employee and the Employer will

share any rate increases which result in a

premium of over Two Hundred and Seventy

Five Dollars ($275.00) on a fifty-fifty

basis up to a total premium of Three

Hundred and Twenty Five Dollars ($325.00)

per month for medical and dental insurance.

 

            c.         The Employer will pay any excess

premium above Three Hundred and Twenty five

Dollars ($325.00) per month.

 

                                    The City retains the right to maintain

a self-insurance program or to select

insurance carriers, for the purpose of

containing premium rate increases.  The

City agrees to provide a medical and dental

insurance plan that is at least

substantially equivalent to the plans

currently in effect.

 

                                    During the term of the Agreement, the

                        City retains the right to:

 

                                    I.          Maintain a deductible in the

medical insurance program of One Hundred

Dollars ($100.00) per person per calendar

year to a maximum of Three Hundred Dollars

($300.00) per covered family per calendar

year.

 

                                    II.        Maintain an Eighty/Twenty Percent

(80%/20%) coinsurance which apply to all

covered medical and expenses incurred, with

the exception of the first Five Hundred

Dollars ($500.00) of accident expenses,

which will be covered One Hundred Percent

(100%) to Five Hundred Dollars ($500.00)

and not subject to the deductible.

 

                                    iii.        A maximum Twenty-five Dollar

($25.00) deductible per person per calendar

year on dental to a maximum of Seventy-five

Dollars ($75.00) per covered family or

Class 2 and Class 3 dental expenses.  The

deductible will not apply to Class 1 dental

expenses, i.e., covered diagnostic and

preventive care.

 

 

            The new language retains the premium co-payment concept

which the parties have previously negotiated.  The cap has

been substantially raised so as to encompass the large

premium increase which occurred during 1989.  In effect, the

City will pay the entire premium for 1989, and will do so

again in 1990 unless there is more than a 10 percent premium

increase during that year.  I do not believe it is

unreasonable for employees to bear some risk in the event of

skyrocketing health insurance costs as they have in the

past.  On the other hand, the prevailing practice among the

comparable cities is that the employers are currently bearing

100 percent of the cost of health insurance.  In view of

this, a substantial increase in the Employer-paid premium is

justified in order to meet the increased cost.

 

            I agree with the Association that there should be a

provision which protects the employees from unilateral

benefit cuts.  Not only does such a provision seem inherently

fair, it is also in line with the practice of the majority of

the comparable cities for which relevant information was

provided.

 

            No evidence was presented which would justify an

improvement in vision insurance.  The Association's proposal

in this regard is rejected.  There is also insufficient

evidence to support the Association's proposal for a

reduction and cap on the deductibles for medical expenses, or

for its proposal for physical examinations.

 

            The Association's request for a disability insurance

policy for LEOFF II members is rejected.  The Association

provided no evidence or argument in support of this proposal.

 

XX.      WAGE INCREASE

 

            The Association has asked for a 9 percent increase for

1989.  It asserts that this increase is justified by

comparison with the comparable cities.  The Association

requests a 5.4 percent increase for 1990 since that figure

represents the increase in the cost of living.  The

Association asserts that the contract should have a two-year

duration since that is traditional for the parties.

 

            The City's position is that the 1989 wage increase should

be 3 percent in view of both the average wage and the average

total monthly compensation of the comparable cities, as well

as the cost of living.  The City asserts that the contract

should run for three years and that the wage increases for

1990 and 1991 be set at 85 percent of the CPI-W, West Coast-C

for the years ending October 1989 and 1990, respectively.

 

            In order to determine how the wages paid in Pasco compare

with the comparable cities, I have compared the base monthly

wages for top-step officers.  I have not added in other

elements of compensation such as insurance, education

premiums, longevity pay, and hours, since these other

subjects have been specifically dealt with elsewhere in this

Opinion, and it is my understanding that the City will offer

benefits in these areas which are roughly comparable to the

other cities.  Below are listed the base monthly salary for

top-step officers in the comparable cities during 1989:28

 

            28The figures listed are those provided in Association

Exhibit 20.

_________________

 

Aberdeen                    2706

Kennewick                  2710

Pullman                       2263

Richland                     2633

Walla Walla                2336

Wenatchee                 2703

Grants Pass                2297

Klamath Falls             2227

Barstow                      2851

Delano                        2167

 

Average                      2489

Median                       2484

 

Pasco                          2389

 

 

The City's 1988 base wage level for a top-step officer is 4.2

percent below the average of the comparable cities, and 4.0

percent below the median.

 

            In 1989, the comparable cities provided the following

increases in base level wages:

 

Aberdeen                    15.5%

Kennewick                  3.9

Pullman                       3.7

Richiand                     2.5

Walla Walla                2.9

Wenatchee                 7.1

Grants Pass                4.0

Klamath Falls             8.0

Barstow                      4.5

Delano                        3.0

 

 

            The average wage increase paid by the comparable cities

was 5.5 percent.  The median increase was 3.95 percent.  The

discrepancy between the average and the median figures is

caused by the large increase in Aberdeen, which was twice as

large as any of the other comparable cities.

 

            I find that a base wage increase of 3.7 percent is

appropriate for 1989.  That increase matches the cost of

living increase from October 1987 to October 1988, which is

the period the parties would have most likely considered when

negotiating a 1989 wage increase.  A 3.7 percent increase

doesn't quite get the officers to the average base wage level

for the comparable cities.  Still, the increase provided is

slightly larger than the compensation increase negotiated

with the other City bargaining units.  This increase is in

line with the increases provided in the comparable

jurisdictions.  Moreover, it would place the City sixth out

of eleven in base wages in relation to the comparable

cities.  Thus, the City would be ranked right in the middle

with five comparable cities paying more and five paying

less.  Also, the other benefits which have been awarded here

must be considered.  The decrease in the work day, the

increase in vacation accrual, the change in the

longevity/education premium, the increase in the level of

City-paid health premiums, and the new premium for

Spanish-speaking officers, all have a significant monetary

cost to the City.  I have also taken into consideration the

adverse economic climate in the City.  While the City may

finish the year with a larger cash balance than it

anticipated, there is no evidence that that cash balance is

extraordinary.  It must also be remembered that the City is

limited in the amount of revenue that it can generate, and as

a result has had to reduce the number of non-police employees

that it employs.  For these reasons, and in view of the

statutory criteria that requires consideration of not only

comparability, but also cost of living and other factors

normally taken into consideration in the determination of

wages, I find that a wage increase of 3.7 percent for 1989 is

appropriate.

 

            Both parties urge special consideration of the cost of

living increase in determining the appropriate wage increase

for the second year of the contract.  I find that the wage

increase for 1990 shall be 90 percent of the CPI-W, West

Coast-C for the year ending October 1989.  This should result

in a wage increase which is close to the cost of living

increase, when that figure is adjusted downward for the

element of health costs which is assumed in large part by the

City.  It is also significant that the cost of housing in the

City has steadily been going down over a period of years.

Therefore, I believe it is likely that the wage increase

which I have found to be appropriate for 1990 is the most

likely figure to match the employees' actual increase in

living costs.

 

            I find that a two-year agreement is appropriate.  The

expired agreement has such a duration, and no evidence was

presented which would support a longer duration.

 

Redmond , Washington

 

Dated: February 12, 1990                                          S/ALAN R. KREBS

                                                                                    Alan R. Krebs, Neutral Chairman

 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.