INTEREST ARBITRATIONS

Decision Information

Decision Content

International Association of Fire Fighters, Local No. 1805

And

Clark County Fire Protection District No. 6

Interest Arbitration

Arbitrator:            Michael H. Beck

Date Issued:         12/14/1990

 

 

Arbitrator:               Beck; Michael H.

Case #:                    08346-I-90-00188

Employer:    Clark County Fire Protection District #6

Union:                      IAFF; Local 1805

Date Issued:            12/14/1990

 

 

 

 

            IN THE MATTER OF INTEREST       )             

            ARBITRATION BETWEEN                 )          

                                                                              )               OLYMPIA WA

            CLARK COUNTY FIRE                        )

            PROTECTION DISTRICT NO. 6         )           PERC NO.: 8346-1-90-188

                                                                              )

                   and                                                     )           Date Issued: December 14, 1990

                                                                              )

            INTERNATIONAL ASSOCIATION    )

            OF FIRE FIGHTERS, LOCAL              )

            NO. 1805                                                  )

                                                                              )

            ______________________________      )

 

 

 

INTEREST ARBITRATION

OPINION AND AWARD

OF

MICHAEL H. BECK

 

FOR THE ARBITRATION PANEL

            Michael H. Beck        Neutral Chairman

            Bud Seifert                 Employer Member

Frank Spickelmire      Union Member

 

 

Appearances:

 

CLARK COUNTY FIRE PROTECTION

DISTRICT NO. 6                                                                                    A. K. Baird

 

INTERNATIONAL ASSOCIATION OF

FIRE FIGHTERS, LOCAL NO. 1805                                                   James H. Webster

 

 

IN THE MATTER OF INTEREST )          

ARBITRATION BETWEEN                       )

                                                                        )

CLARK COUNTY FIRE                              )

PROTECTION DISTRICT NO. 6               )     PERC NO.: 8346-1-90-188

                                                                        )

       and                                                           )     Date Issued: December 14, 1990

                                                                        )

INTERNATIONAL ASSOCIATION          )

OF FIRE FIGHTERS, LOCAL                    )

NO. 1805                                                        )

                                                                        )

________________________________        )

 

INTEREST ARBITRATION OPINION

 

 

PROCEDURAL MATTERS

 

            RCW 41.56.450 provides for arbitration of disputes

involving uniformed personnel when collective bargaining

negotiations have resulted in impasse.  Accordingly, a

tripartite arbitration panel was formed with respect to the

instant matter.  The Employer, Clark County Fire protection

District No. 6, appointed Bud Seifert as its member of the

Panel and the Union, International Association of Fire

Fighters, Local 1805, appointed Frank Spickelmire as its

member of the Panel.  The undersigned was selected to serve

as Neutral Chairman of the Panel.

 

            A hearing in this matter was held on May 16, 1990 in

Vancouver, Washington.  The Employer was represented by A.

K. Baird of Allied Employers, Inc. and the Union was repre-

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

and Blumberg.

 

            At the hearing, the testimony of witnesses was taken

under oath and the parties presented substantial documentary

evidence.  A court reporter was present at the hearing and a

verbatim transcript of the proceedings was made available to

the Chairman for his use in reaching his determination in

this case.

 

            The parties agreed upon the submission of simultaneous

posthearing briefs which were filed by each party and

received by the Neutral Chairman on July 9, 1990.  The

parties agreed to waive the statutory requirement that the

Chairman issue his decision within thirty days following the

conclusion of the hearing.

 

            The Panel agreed that the Chairman would prepare a

draft Decision and provide a copy to each of the other panel

Members for comment.  A draft Decision was mailed to each of

the other Panel Members on October 30, 1990.  In response,

the chairman received a letter from Panel Member Seifert.

Additionally, the Panel Members agreed that the Chairman

should meet with counsel to further discuss this matter.

This meeting, held December 11, 1990, was attended by Mr.

Baird, Mr. Webster and myself.  I have carefully considered

all of the comments I received in response to the Draft

Decision.  What follows, based on the record and after

consultation as described above, is my findings of fact and

determination of the issues.

 

 

ISSUES IN DISPUTE

 

            The following issues were presented to the Panel for

arbitration:

 

                                    Salaries

                                    Workweek

                                    Holidays

                                    Sick Leave

                                    Medical Insurance

 

            One remaining issue, Prevailing Rights, was not

resolved by the parties prior to the hearing in this matter.

However, as explained in my letter to counsel dated October

18, 1990, the Arbitration Panel does not have authority to

consider the Prevailing Rights issue at the present time.

 

STATUTORY CRITERIA

 

            RCW 41.56.460 directs that the following criteria shall

be taken into consideration as relevant factors in reaching

a decision:

 

            ...(T]he panel shall be mindful of the leg-

islative purpose enumerated in RCW 41.56.430 and as ad-

ditional standards or guidelines to aid it in reaching

a decision, it shall take into consideration the fol-

lowing factors:

 

                        (a)        The constitutional and statutory authority of

                        the employer;

 

                        (b)        Stipulations of the parties;

 

* *

 

            (c)(ii)   For employees listed in RCW 41.56.030(7)(b),

            comparison of the wages, hours, and conditions of em-

            ployment 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 ser-

            vices, 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 forego-

                        ing, which are normally or traditionally taken into

                        consideration in the determination of wages, hours and

                        conditions of employment. . .

 

            The legislative purpose which your Chairman is directed

to be mindful of in applying the statutory criteria is set

forth in RCW 41.56.430 as follows:

 

            The intent and purpose of this . . .  act is to

recognize that there exists a public policy in the

state of Washington against strikes by uniformed per-

sonnel as a means of settling their labor disputes;

that the uninterrupted and dedicated services 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. . .

 

COMPARABLE EMPLOYERS

 

            Pursuant to RCW 41.56.460(c)(ii), it is common in these

proceedings for the arbitration panel to select an appropri-

ate number of comparable employers.  On June 15, 1989, the

parties executed a document entitled, "Ground Rules Meeting

for 1990 Contract Negotiations Between the Clark Co. Fire

Dist. #6 and IAFF Local 1805."

 

            Paragraph No. 9 of that document provided as follows:

 

If comparables are to be used, criteria for the compa-

rables must not exceed 200%, or be less than 50% of

that of Fire District I 6.

 

            The record does not indicate the extent to which compa-

rables were discussed during negotiations.  Furthermore,

although the outer limits of the comparables were defined by

the parties, nothing in the record indicates whether the

parties discussed the basis upon which the comparables were

to be selected.

 

            The Union determined to review four criteria.  These

four were: population served, assessed value, total depart-

ment manpower (paid) , and department budget.  Next the Union

reviewed all of the Employers in Washington State which

operate fire departments and found that twenty-one employers

maintain fire departments, which, with respect to popula-

tion, assessed value, number of employees and budget were

within the agreed upon range, that is, none of these twenty-

one exceeded the Employer here by 200% or was less than the

Employer here by 50%.

 

By letter dated January 19, 1990, the Employer advised

the Union that it contemplated using eighteen specific

comparable employers during the upcoming interest arbitra-

tion.  The Employer's list included fourteen employers

located in Washington and four employers located in Oregon.

This list was substantially similar to that presented by the

Employer to the Arbitration Panel chaired by Arbitrator

Kenneth M. McCaffree with respect to the interest arbitra-

tion between the parties regarding the 1987-89 agreement.

Mr. McCaffree's decision is in the record in this case but

it does not indicate the basis upon which the Employer

selected its comparables in that case.

 

            In response to a letter from the Union dated January

27, 1990 requesting that the Employer provide the Union with

the criteria it used in establishing its list of compara-

bles, the Employer on March 12, 1990 provided the Union with

a new list of eighteen comparable employers.  This list

contained only three Washington employers with the remaining

fifteen being located in Oregon.

 

            As the Union points out, RCW 41.56.460(c) (ii) makes

clear that when an adequate number of comparable employers

exist within the State of Washington, "other west coast

employers shall not be considered."  Here, the Union has

provided for an adequate number of comparable employers in

the State of Washington.  It has done so in an appropriate

fashion in that it has, using four different size-related

criteria, included each of the employers located in

Washington State which come within the percentage range

agreed upon by the parties at the beginning of negotiations

in June of 1989.  Therefore, I agree with the Union that the

Arbitration Panel is precluded from including as comparators

employers located in the State of Oregon.

 

            The Employer contends that even if Oregon employers

cannot be included as comparators pursuant to

41.56.460(c)(ii), those employers may be considered pursuant

to subsection (f) of RCW 41.56.460.  However, subsection (f)

refers to:

 

Such other factors, not confined to the foregoing,

which are normally or traditionally taken into consid-

eration in the determination of wages, hours and condi-

tions of employment.

 

            Thus, the language of RCW 421.56.460(f) is clear in

that it refers to the consideration of factors other than

comparable employers.  It would make no sense to construe

the statute so as to preclude the consideration of Oregon

employers in one subsection, but permitting them to be

brought in the backdoor, so to speak, through another

subsection.

 

            However, considerations of labor market raised by the

Employer are appropriately considered by the Arbitration

Panel pursuant to RCW 41.56.460.  This is because labor

market considerations have traditionally been taken into

consideration in the determination of wages, hours and

conditions of employment and, in fact, have been raised by

numerous unions and employers before arbitration panels in

the State of Washington.  In particular, the Employer points

to the fact that the Employer comparables selected by the

Union are heavily weighted to what it describes alterna-

tively as the "Seattle-King/Snohomish County" area or the

"Seattle/Puget Sound Basin area."  It is not clear from the

Employer's brief exactly which Union proposed comparables

the Employer considers to be within the area described.

 

            No testimony or other evidence was presented regarding

a specific Seattle area labor market   However, it is my

understanding that data used in compiling the Consumer Price

Index for the Seattle area includes data from Snohomish,

King and Pierce counties.  Therefore, I have determined to

consider the Seattle labor market for purposes of this case

as including the three county area of King, Snohomish and

Pierce counties.  A review of the Union's suggested Employer

comparables reveals that fifteen of these are located in the

three county area of King, Snohomish and Pierce counties

while four others are located in western Washington and two

are located in eastern Washington.  Thus, the Employer is

correct in pointing out that a substantial majority of the

Union proposed comparators are located in the three county

Seattle area.

 

            The Employer submitted data prepared by the American

Chamber of Commerce Researchers Association (ACCRA) in

support of its contention that any Seattle area comparator

selected by the Arbitration Panel should be reduced by 8%.

No one from ACCRA testified at the hearing.  The material

presented indicates that ACCRA has no permanent office and

that staff functions are carried on by volunteer members.

 

The ACCRA material states:

 

INTERPRETING THE INDEX:  The ACCRA Cost of Living Index

measures relative price levels for consumer goods and

services in participating areas.  The average for all

participating places, both metropolitan and non-

metropolitan, equals 100, and each participant's index

is read as a percentage of the average for all places.

 

            The ACCRA Composite Index contains the following index

figures for the third quarter of 1989:

 

                        Seattle                                                      111.1

                        Portland PMSA                            103.0

                        Tacoma                                         99.9

                        Richland-Kennewick              97.4

                        Olympia-Lacey-Tumwater          94.8

 

            It is not clear from the ACCRA information whether

Clark County No. 6 is included within the Portland PMSA.

Furthermore, the ACCRA Index states that it reflects cost

differentials for a mid-management standard of living, how-

ever, firefighters are not mid-management employees.  I also

note the following statement contained in the ACCRA

material:

 

Because the number of items priced is limited, it is

not valid to treat percentage differences between areas

as exact measures.  Since judgment sampling is used in

this survey, no confidence interval can be determined.

Small differences, however, should not be construed as

significant -- or even as indicating correctly which

area is the more expensive.

 

 

            Based on the foregoing, I cannot consider the ACCRA

data sufficiently reliable to reduce the wages paid in the

Union proposed comparators in the Seattle area by 8% as pro-

posed by the Employer.  Furthermore, I note that the ACCRA

data lists Tacoma separately from Seattle giving it a index

figure of 99.9 thereby placing Portland 3.1% above Tacoma.

The Employer makes no contention that the wages paid in the

Union proposed comparators located in Pierce County in which

Tacoma sits should be adjusted up by 3.1% to make up for the

differential between Portland and Tacoma indicated by the

ACCRA figures.  The same is true with respect to Richland,

Kennewick and Lacey, three comparators proposed by the

Union.  Thus, the ACCRA index figure for Richland and

Kennewick is 97.4 placing Portland, at 103.0, about 5.7%

above those two cities, while the ACCRA Index figure for

Lacey is 94.8 placing Portland approximately 8.6% above

Lacey.  However, no suggestion has been made by the Employer

that the Union proposed comparables of Richland, Kennewick

or Lacey should be adjusted upward so as to be in accord

with the index figure for Portland.

 

            One of the main purposes for the setting of a list of

comparable employers in an interest arbitration is not only

to meet the statutory requirement to consider comparable

employers, but also to provide a basis pursuant to which the

parties can proceed in future negotiations to reach an

agreement without the necessity for interest arbitration.

In my view, twenty-one comparators are simply too many since

the effort and expense involved in accumulating and analyz-

mg wage and benefit information with respect to twenty-one

comparators is unnecessarily burdensome.  Therefore, I have

reduced the number of comparators suggested by Union and in

doing so have taken into account the concerns raised by the

Employer with respect to overweighting the list of compara-

tors with Seattle area employers.

 

            Traditionally, the principal criteria used by arbitra-

tors with respect to "similar size" has been population

served.  In fact, prior to 1987, RCW 41.56.460(c) referred

to "like employers" instead of "public fire departments."

It is clear that this change was made by the Legislature

merely for the purpose of making clear that all employers

operating a public fire department whether it be a depart-

ment maintained by a city, a county or a fire protection

district would be considered a comparable employer as long

as such employer was of similar size and on the west coast

of the United States.  There was no decision or attempt by

the Legislature to change the requirement that comparators

be based on similar size of like employers.  In this regard,

I note that the last sentence of RCW 41.56.460(c)(ii), added

in 1987, refers to comparable employers and not to public

fire departments.

 

            In order to reduce the number of comparators to a rea-

sonable number, I reviewed the criteria of population

served.  If one lists in order of population served, the

twenty-one comparators established by the Union, one finds

the following:

 

                                                      TABLE NO. 1

 

                              UNION COMPARATORS LISTED IN ORDER

 

                                          OF POPULATION SERVED

 

Employer                                            Population Served

                     

King Co. No. 10                                 65 , 000

Kirkland                                             63,500

Shoreline                                            60 , 000

White Center                                      55 , 000

Lacey                                                  50,980

Snohomish Co. No. 7                         50 , 000

Kitsap Co. No. 7                                50 , 000

Pierce Co. No. 6                                 50,000

 

Clark Co. No. 6                                  45,000

 

Bremerton                                          37,080

Kennewick                                          37 000

Burien                                                 35,000

Pierce Co. No. 7                                 34 000

Spring Glen                                        33,000

Auburn                                                32,000

University Place                                 32,000

Longview                                            30,500

Richland                                             30,000

Edmonds                                             29,720

Lynwood                                             26,280

Kenmore                                             25,000

Mercer Island                                    20,300

 

 

            Ten to twelve comparators are a sufficient number to

provide the parties with a reasonable number of comparable

employers to look to in assessing wages and other terms and

conditions of employment while at the same time not being so

many as to be unduly burdensome with respect to data

collection and analysis.  If one reviews the five compara-

tors immediately above the Employer here in population and

the five comparators immediately below the Employer here in

population, a band of ten comparators is established all

within a very close population range to that of the Employer

here.  Thus, White Center with a population served of

55,000, is five places higher on the population list than

the Employer and 55,000 is only 22.2% higher in population

served than that of the Employer.  Spring Glen, with a popu-

lation of 33,000, is five places below the Employer here on

the population list and 33,000 is 26.7% below the population

served that of the Employer here.

 

            The ten employers, the five above Clark Co. No. 6 in

population served and the five below Clark Co. No. 6 in

population served, are the closest on a percentage basis to

Clark Co. No. 6.  These ten are: White Center, Lacey,

Snohomish Co. No. 7, Kitsap Co. No. 7, Pierce Co. No. 6,

Bremerton, Kennewick, Burien, Pierce Co. No. 7 and Spring

Glen.

 

            I agree with the Employer that since Clark Co. No. 6 is

not located in the Seattle area, it is appropriate to select

a list of comparators which takes into account the

Employer's location outside the Seattle area.  However, in

doing so the statutory criteria of similar size must also be

followed.

 

            When one looks at the ten comparators selected on the

basis of population served, one finds that six of those are

located in the Seattle area (King, Snohomish or Pierce

counties) .  Therefore, I have determined to add to the list

the two remaining comparators which fall within the similar

size stipulation of the parties and are located outside the

Seattle area, namely, Longview and Richland.  This will pro-

vide the parties with a list of twelve comparators, six of

those in the Seattle area and six outside the Seattle area

with two of those in eastern Washington.

 

SALARIES

 

            The parties agree on a three year contract term,

January 1, 1990 - December 31, 1992.  The Union proposes to

raise firefighters' wages by 7.7% effective January 1, 1990

and for each of the next two years an additional 3% plus the

percentage increase in CPI-W for Seattle from July to July

1990 and 1991, respectively.  The Union proposes to increase

officer differential premium to 8% above First Class Fire-

fighter for Lieutenant and 8% above Lieutenant for Captain.

 

            The Employer proposes to add a 3% salary increase to

First Class Firefighters and above effective January 1, of

each contract year.

 

            Both parties agree that the relevant monthly salary

figure is that of First Class (top step) firefighter.  I

have listed below the twelve comparators in order of the

monthly salary paid to top step firefighters.

 

                                    TABLE NO. 2

                        1990 TOP STEP FIREFIGHTER

                                    MONTH SALARY

 

            Employer                                Monthly Salary

            Pierce Co. No. 6                     $3125

            Pierce County No.      7            3019

            Burien                                       3011

            White Center                            3001

            Bremerton                                2955

            Spring Glen                              2935

            Longview                                  2776

            Snohomish Co. No.    7            2750

            Kennewick                                2747

            Richland                                   2722

            Kitsap Co. No. 7                      2702

            Lacey                                        2688

 

            Clark Co. No. 6                        2561

 

            Average of 12 Comparators: $2869

 

            Average of 12 comparators is 12.0%      higher than

            Clark Co. No. 6.

 

 

            The information listed in Table No. 2 is based on the

exhibits provided by the Union, which, I understand, pro-

vides top step firefighters salaries paid in 1990.  It

should also be pointed out that I checked the figures

supplied by the Employer for the Union comparators and I

find a discrepancy with respect to four comparators, namely,

Pierce County No. 6, Bremerton, Richland and Lacey.  When

one adds the monthly salary for the twelve comparators based

on the Union's figures, one comes up with a total of $34,431

whereas when one adds the twelve comparators using the

Employer's figures one comes up with a total of $34,332 or a

difference of $99.  The $99 difference only amounts to an $8

difference in the average of the twelve comparators.  I have

used the Union's figures since it was the Union that put to-

gether the comparators and since the individual who worked

on putting together these comparators actually testified

about the process at the hearing.

 

            The foregoing chart demonstrates that the salary paid

to top step firefighters is substantially below that paid

the average of the comparators.  Additionally, the $2,561

monthly salary paid by the Employer to top step firefighters

is less than that paid by any of the twelve comparators.

 

            The statute also directs the Arbitration Panel to con-

sider the average consumer prices for goods and services

commonly known as the cost of living.  If one reviews the

broader CPI index called the "All Urban Consumers Index" or

"CPI-U" for the area closest to the Employer, namely,

Portland, one finds that during the term of the prior con-

tract that index went up 10.7%.  To reach the 10.7% figure,

I compared the semiannual average represented by the index

figure indicated for June of 1987 with the semiannual aver-

age represented by the figure indicated for December of

1989.  The 10.7% rise in the CPI-U during the term of the

prior contract is a percentage similar in amount to the 12%

that the Employer trails the average of the comparators.

 

            I also note that the percentage increase in wages paid

to top step firefighters during the term of the prior con-

tract was only 6.1% ($2,561 in 1989 compared to $2,414 in

1987) .  Thus, the cost of living in the Portland area during

the term of the prior contract increased at an approximately

75% faster rate than did the wages of top step firefighters

(10.7% compared to 6.1%).

 

            Based on all of the foregoing, it appears that the

Union's request for an increase in the neighborhood of 10 to

11% for the first two years of the Agreement is reasonable.

The amount of increase as requested by the Union for the

first year, namely, 7.7%, is an extraordinarily large raise

and, therefore, I have determined to provide the raise in

equal increments over the first two years of the Agreement.

In this regard, I shall order that the base salary for top

step firefighter be raised 5% to $2,689 per month effective

January 1, 1990 and an additional 5% to $2,823 effective

January 1, 1991.  The wage rate of $2,823 is 10.2% more than

the base salary of $2,561 presently received by the top step

firefighter at the Employer here.

 

            A top step wage of $2689 which I shall order for the

year 1990, will still leave the top step firefighter at the

Employer behind all of the comparators with one exception,

Lacey.  However, by the second year, the monthly wage of

$2,823 will place the top step firefighter at Clark Co. No.

6 directly in the middle, with six comparators having a

higher base salary and six having a lower base salary,

although average base salary of $2,869 will be slightly

higher (1.6%) than the 1991 firefighter base wage of $2823.

 

            The parties did not present any figures indicating what

raises, if any, are scheduled for the comparators in 1991.

It is likely that some form of raise will be provided to

some or all of the comparators for 1991.  Therefore, the

Union is seeking the addition of a cost of living increase

for the second year of the Agreement.  However, I have

determined not to provide this additional increase since at

$2,823 the top step firefighter will have received a sub-

stantial increase over the two-year period, namely, 10.2%,

and because I shall order a reduction in the workweek begin-

ning in the second year of the Agreement as explained below.

 

            With respect to the third year of the Agreement,

namely, for the year effective January 1, 1992, neither

party has placed in the record any figures indicating what

will be received in the comparators.  Therefore, it seems

appropriate to order a cost of living increase for the third

year.  Based on the Employer's location close to Portland,

the appropriate index is the one for Portland.  With respect

to the time frame to use, it does not appear that the

Federal government will have available prior to January 1,

1992 the cost of living index figures for the second half of

1991.  Therefore, I have determined that the increase in

1992 should be equal to the percentage increase in the

Portland CPI-U (1982-84 base) between the first half of 1990

and the first half of 1991.

 

            With respect to the four classes of firefighters below

First Class firefighter, the Union contends that each class

should receive the same percentage increase as a First Class

firefighter.  The Employer, on the other hand, contends that

no raise is appropriate for these four firefighter classifi-

cations.

 

            Very little evidence regarding this matter was placed

in the record by the parties.  However, I note that

Arbitrator McCaffree dealt with this matter in substantial

detail in his arbitration decision dated October 12, 1987

regarding the parties' 1987-89 agreement.  In that decision,

Arbitrator McCaffree for 1989 established a salary for each

of the four firefighter classifications below First Class

firefighter based on a percentage of the wage rate the First

Class firefighter.  Those percentages were as follows:

 

            Second Class FF        (25-36 months) :   90%

            Third Class FF           (13-24 months):    80%

            Probation FF               (7-12 months) :     75%

            Probation FF               (0-6 months) :       70%

 

            The evidence is not sufficient to establish a need to

change the percentages which were created by the McCaffree

arbitration decision in connection with the prior agreement.

Therefore, I shall order that the four classes of firefight-

ers below the First Class firefighter receive raises so that

the percentage differential will stay the same as that

reflected in 1989 pursuant to Arbitrator McCaf free's

decision.  This will result in the firefighters in the lower

four classifications receiving substantially similar percent

increases to those received by First Class firefighters.

 

            With respect to the Lieutenant and Captain premium

differential, those differentials are at approximately 6%.

The Union seeks an increase so that the Lieutenant differen-

tial will be 8% above First Class Firefighter and the

Captain differential will be 8% above Lieutenant.  The aver-

age for the twelve comparators with respect to the

Lieutenant differential is 10.7% above First Class Fire-

fighter while average differential for Captain is 18.4%

above First Class Firefighter.  Therefore, an increase in

differential premium appears appropriate.

 

            In view of the rather large lump sum the Employer will

have to provide to the bargaining unit for the contract year

effective January 1, 1990, I have determined to implement a

shift differential raise effective the second year of the

contract, namely, January 1, 1991.  Additionally, although

an 8% differential premium appears appropriate in both

cases, in view of the substantial raise and reduction in

hours, I believe an increase to 7% is appropriate.  Top step

firefighter will receive a wage of $2,823 effective January

1, 1991.  Seven percent of that is $3,021 which shall be the

monthly salary for the Lieutenant.  Seven percent of $3021

is $3232 which shall constitute the monthly salary for the

Captain effective January 1, 1991.  The monthly salary of a

Captain at $3232 is 14.5% more than the $2823 that will be

paid to a First Class Firefighter effective January 1, 1991.

 

WORKWEEK AND HOLIDAYS

 

            I have determined to consider these two provisions

together since the Employer's proposal touches upon both

provisions.

 

            The Employer proposes to delete the present provision

which provides that employees working a platoon shift of

twenty-four hours on duty and forty-eight hours off duty

shall receive in lieu of holidays six shifts per year to be

taken off at the employee's convenience with the approval of

the Chief or his designee.  Instead, the Employer proposes

to provide the employee who works on a holiday compensation

at time and one half and to provide the employees with four

Kelly days in 1990, five Kelly days in 1991, and six Kelly

days in 1992.  The Employer makes no proposal for any addi-

tional Kelly days.

 

            The Union proposes to decrease the average scheduled

workweek from the current 56 hours to 54.16 for 1990, 52.78

for 1991, and 51.40 for 1992.  This would amount to provid-

mg the employees with four Kelly days in 1990, three addi-

tional Kelly days for a total of seven in 1991, and three

additional Kelly days for a total of ten in 1992.  I have

set forth below the actual hours worked per year for a ten

year firefighters in each of the twelve comparators.  These

figures represent the annual scheduled workdays, less both

paid time off in lieu of holidays and paid annual leave

(vacations).

 

                                    TABLE NO. 3

                        ANNUAL HOURS WORKED

 

            Employer                                Annual Hrs. Worked

 

            Snohomish Co. No.    7          2680

            Lacey                                      2529

            Pierce Co. No. 6                     2523

            Kennewick                              2479

            Richland                                 2462

            Pierce Co. No. 7                     2451

            Kitsap Co. No. 7                    2439

            Longview                                2388

            Bremerton                              2380

            Spring Glen                            2372

            Burien                                     2309

            White Center                          1940

 

            Clark Co. No. 6                      2536

 

Average of the 12 Comparators: 2413 annual hours worked.

Average of 12 Comparators is 5.1% higher than

Clark County No. 6.

 

            In addition to the fact that on annualized basis, Clark

County  No. 6 firefighters work 5.1% more than does the

average of the comparators, the 2536 hours worked by Clark

County No. 6 firefighters annually is more hours worked than

by any of the comparators except Snohomish County No. 7.

Based on the foregoing, a reduction of four shifts or 96

hours on an annual basis seems appropriate.  If 96 hours are

subtracted from the 2536 hours worked annually by Clark Co.

No. 6 firefighters, the resulting total is 2440 hours, which

still leaves the Clark Co. No. 6 firefighters above the

average, but only by 1.1%.  Additionally, 2440 worked annu-

ally places the Clark Co. No. 6 firefighters directly in the

middle with six comparators working more hours on an annual

basis and six working less.

 

            I have determined not to adopt the Employer's holiday

provision because I have taken holidays into account in

determining actual hours worked on an annual basis.

Furthermore, the Employer's proposal would result in addi-

tional hours being worked by firefighters in Clark Co. No. 6

for the first and second year of the Agreement.

 

            In view of the relatively large raises provided the

entire bargaining unit, I shall not order a change in hours

worked until the second and third years of the contract,

that is, a reduction of two shifts (48 hours) effective

January 1, 1991, and an additional two shift reduction (48

hours) effective January 1, 1992.

 

SICK LEAVE

 

            The Employer proposes that a sick leave incentive sys-

tem be imposed.  Thus, the Employer proposes that effective

January 1, 1991, employees working a platoon shift shall

receive one additional Kelly day provided that during the

calendar year 1990 all platoon shift employees average two

or less missed shifts due to illness or injury.  Further,

the Employer proposes that in the event the average is one

or less, the employees shall receive two Kelly days.  The

Union seeks no change in the current sick leave system.

 

            In support of its proposal, the Employer points to the

fact that sick leave increased from an average of 50.93

hours in 1987 to an average of 74.16 hours in 1989, which is

an increase of 45.6%.  Clearly, this is a large increase in

sick leave use.  However, since sick leave use on an

historic basis was not provided to the Panel, one cannot

ascertain if the average of 50.93 hours in 1987 was repre-

sentative of sick leave use over the years or, perhaps,

actually constituted a dip in sick leave usage.  The only

other year for which sick leave data is provided is 1988

where the average was 61.59 hours.

 

            I note that 74.16 hours is only 2.9% of the scheduled

hours worked on an annual basis by a Clark County No. 6

firefighter.  Additionally, there is no evidence in the

record regarding sick leave use in the comparators or by

firefighters in general.  In these circumstances, I cannot

find that the Employer has established the appropriateness

of implementing the type of sick leave incentive plan it

seeks.  If the Employer believes that individual firefight-

ers are abusing sick leave, then the Employer should imple-

ment procedures to correct any such abuse.

 

MEDICAL INSURANCE

 

            Presently the Employer pays the entire cost of the

medical plan for employees and their dependents.  The

Employer proposes that beginning with the calendar year

1991, the Employer should be responsible for no more than a

5% increase in premium until the expiration of the Agree-

ment, that is, any increase in monthly premium above 5% over

the amount paid prior to December 31, 1990 would be paid by

the individual employee.

 

            The Union proposes that the District continue its

current benefit levels and continue to pay 100% of the

employee and dependent premiums.  In the alternative, the

Union proposes to accept the cap for premiums for dependent

coverage of 115%, 130% and 145% of the 1989 premiums for the

calendar years 1990, 1991, and 1992 if the employees are

permitted to choose to obtain coverage through the medical

and dental benefit plan sponsored through Blue Cross by the

Washington State Council of Firefighters.

 

            The total monthly premium paid by the Employer for a

LOEFF II firefighter is $434.  If one reviews the Union's

individual sheets for each of the twelve comparators and

rounds off to the nearest dollar, one finds that the average

premium paid by the twelve employers is $386.  Thus, the

Employer pays approximately 12.4% more in medical insurance

premiums than does the average comparator.

 

            In its brief at page 19, the Employer states that the

average contribution rate for the twenty-one comparators it

selected is $369.03 per month.  The Union also states at

page 19 of its brief that the record does not contain com-

parative data showing the share of premiums, if any, that is

borne by employees in comparable fire departments in

Washington.  However, I note when one reviews the Union's

fact sheets for each comparator, three of the twelve

_comparators I have selected indicate some form of co-payment

by the employee.  These are Pierce County No. 6, Pierce

County No. 7 and Kitsap County No. 7.  Thus, since the Union

apparently did not make a particularized effort to find out

if each of the comparators provided for a co-payment by

employees, there may well be others of the comparators that

have such a co-payment.  In any event, it appears that a

proposal such as that sought by the Employer is appropriate.

 

            With respect to the Union's alternative proposal that

the employees be permitted to obtain coverage through the

benefit plan sponsored by the Washington State Council of

Firefighters, I reject this proposal.  If the Employer is to

pay the major share of the premium, it seems appropriate

that the Employer should be allowed to choose the carrier,

provided benefit levels are not reduced.  Moreover, I note

the testimony of Union witness David West that only about

12% of the firefighters in Washington State are covered

under the plan sponsored by the Washington State Council of

Firefighters.

 

            It seems inappropriate to me to place the Employer pro-

posal into effect as of January 1, 1991 as proposed by the

Employer.  All other terms of the contract for 1991 will

have either been agreed to by the parties or specifically

set by the Arbitration Panel.  However, for 1992, the Chair-

man will order a cost of living increase in salaries for the

employees.  Therefore, it seems appropriate to delay imposi-

tion of the Employer medical insurance proposal until the

third year of the Agreement since, as with the cost of liv-

mg increase, the Employer's medical insurance proposal does

not contain any limit on the premium amount employees may

have to pay.  Additionally, implementation in the third year

of the contract will allow the parties time to evaluate

premium costs and determine if perhaps the firefighters

would prefer reduced benefits rather than paying a portion

of the premium.

 

            Thus, I shall order that effective January 1, 1992, the

Employer shall not be required to pay any increase in

medical insurance premium beyond a 5% increase in premium

over that paid by the Employer in 1991.  However, the

Employer shall pay the full medical insurance premium in

1991.

 

            INTEREST ARBITRATION AWARD

 

It is the award of your Chairman that:

 

            I.          Salaries:

 

                  A.  Effective January 1, 1990:

 

                              1.         Bargaining unit employees employed in

                              the classification of First Class

                              firefighter and above shall receive an

                              increase of five percent (5%) in monthly

                              base salary.

 

2.         The monthly base salary of the Second

Class firefighter shall be set at 90% of

that of the First Class firefighter.  The

base monthly salary of the Third Class

firefighter shall be set at 80% of that of

the First Class firefighter.  The base

monthly salary of Probationary firefighter

(7-12 months) shall be set at 75% of that of

the First Class firefighter, and the base

monthly salary of Probationary firefighter

(0-6 months) shall be set at 70% of that of

the First Class firefighter.

 

                        3.         Thus, the monthly pay scale for each

                        bargaining unit classification pursuant to

                        the Award shall be as follows, effective

                        January 1, 1990:

 

                                                                              Percentage of

Position                                   Pay Scale              First Class FF

 

Captain                                   $3011                                -

Lieutenant                              $2851                                -

First Class FF             $2689                                -

Second Class FF                    $2420                                90%

Third Class FF                       $2151                                80%

Probation (7-12 mos.)             $2017                                75%

Probation (0-6 mos.)               $1882                                70%

 

B.        Effective January 1, 1991:

 

                        1.         First Class firefighters shall

            receive an increase of five percent (5%)

            in monthly base salary over that received

            during 1990.

 

                        2.         Second Class firefighter, Third

            Class firefighter, Probationary

            Firefighter (7-12 months) and Probationary

            Firefighter (0-6 months) shall receive

            increases based on the same differential

            employed in 1990.

 

                        3.         With respect to Lieutenants, they

            shall be paid a base monthly salary seven

            percent (7%) above that paid First Class

            firefighter.

 

                        4.         With respect to Captains, they shall

            be paid a base monthly salary seven

            percent (7%) above that paid Lieutenants.

            Thus, the pay scale effective January 1,

            1991 is as follows:

 

                                                                                          Percentage of

            Position                                   Pay Scale              First Class FF

 

            Captain                                   $3232                    107% *

            Lieutenant                              $3021                    107%

            First Class FF             $2823

            Second Class FF                    $2541                    90%

            Third Class FF                       $2258                    80%

            Probation (7-12 mos.) $2117                    75%

            Probation (0-6 mos.)               $1976                    70%

 

*          107% above Lieutenant

 

                        C.        Effective January 1, 1992: First Class

firefighters shall receive an increase in the base monthly

salary equal to the percentage increase in the cost of

living as reflected by the Portland CPI-U (1982-84 base)

between the first half of 1990 and the first half of 1991.

The six other classes of firefighters shall receive

increases based on the increase provided to First Class

firefighters in accordance with the percentage appropriate

to their classification as described in Paragraph I.B.,

above.

 

            II.  Work Week.  Effective January 1, 1991, all

bargaining unit employees shall have their annual hours

worked reduced by two shifts (48 hours) and effective

January 1, 1992, all bargaining unit employees shall have

their annual hours worked reduced by an additional two

shifts (48 hours).

 

            III.  Medical Insurance.  Effective January 1, 1992,

the Employer shall not be required to pay an increase in

medical insurance premium beyond a five percent (5%)

increase in premium over that paid by the Employer in 1991.

However, the Employer shall pay the full medical insurance

premiums in 1990 and 1991.

 

            IV.  No change shall be made to the holiday or sick

leave provisions.

 

 

Dated:  December 14, 1990

Seattle, Washington

 

 

                                    Michael H. Beck, 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.