INTEREST ARBITRATIONS

Decision Information

Decision Content

International Association of Fire Fighters, Local No. 106

And

City of Bellingham

Interest Arbitration

Arbitrator:      Michael H. Beck

Date Issued:   06/17/1991

 

 

Arbitrator:         Beck; Michael H.

Case #:              08420-I-90-00191

Employer:          City of Bellingham

Union:                IAFF; Local 106

Date Issued:      06/17/1991

 

 

 

IN THE MATTER OF THE             )          

INTEREST ARBITRATION                       )

                                                                        )

BETWEEN                                                     )

                                                                        )          

CITY OF BELLINGHAM                            )                                  

                                                                        )           PERC Case No.: 08420-I-90-191

             and                                                     )           Date Issued: June 17, 1991

                                                                        )

INTERNATIONAL ASSOCIATION          )

OF FIRE FIGHTERS, LOCAL                    )

NO. 106                                                          )

________________________________        )

 

INTEREST ARBITRATION

OPINION AND AWARD

 

OF

MICHAEL H. BECK

FOR THE ARBITRATION PANEL

 

            Michael H. Beck        Neutral Chairman

            Otto G. Klein, III       Employer Member

   Merlin Halverson         Union Member

 

Appearances:

Employer:

CITY OF BELLINGHAM                                                                Bruce L. Disend

 

 

            Union:

            INTERNATIONAL ASSOCIATION

            OF FIRE FIGHTERS, LOCAL NO. 106                             James H. Webster

                         

TABLE OF CONTENTS

 

                                                                                                                  Page No.

 

            I.          INTEREST ARBITRATION OPINION                               1

 

                         Procedural Matters                                                                1

                          Issues in Dispute                                                                   4

                         Statutory Criteria                                                                    5

                         Comparable Employers                                                          6

                         Wages                                                                                    24

                         Longevity                                                                              41

             Driver Engineer Premium                                                    42

             Ambulance Driver Premium                                     43

             Paramedic Premium/Longevity                                            45

             Education Incentive                                                              48

             Parental Leave                                                                      49

             Rescheduling of Holidays                                                     51

             Personnel Reduction                                                 53

             Paramedic Reassignment                                                     54

 

II.        INTEREST ARBITRATION AWARD                                           55

 

           

IN THE MATTER OF THE                         )

INTEREST ARBITRATION                                   )

BETWEEN                                                                 )

CITY OF BELLINGHAM                                        )

                                                                                    )

            and                                                                  )           PERC Case No.: 8420-1-90-191

                                                                                    )           Date Issued: June 17, 1991

INTERNATIONAL ASSOCIATION                      )

OF FIRE FIGHTERS, LOCAL                                )

NO. 106                                                                      )

_____________________________________          )

 

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, City of Bellingham, appointed

Otto G. Klein, III, as its member of the Panel and the

Union, International Association of Fire Fighters, Local No.

106, appointed Merlin Halverson 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 June 11 through 14,

1990 at Bellingham, Washington.  The Employer was repre-

sented by Bruce L. Disend, Bellingham City Attorney, and the

Union was represented 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 a substantial amount of

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.

 

            After the hearing, the parties held discussions in an

attempt to reach settlement of some or all of the matters at

issue.  At the parties' request, the Chairman met with the

parties in September in an attempt to help the parties to

settle some or all of the issues.  Thereafter, the parties

continued discussions in an attempt to reach settlement.

Unfortunately, the parties were unable to reach settlement

with respect to any of the issues before the Arbitration

Panel, and, therefore, final posthearing briefs were

submitted which were received by the Arbitrator on January

14, 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 Chairman reviewed the complete record in this case

(a stack of documents over fourteen inches in height

consisting of several thousand pages) and prepared a Draft

Decision which was mailed to each of the other Panel Members

on May 13, 1991.  Thereafter, on June 13, 1991, the three

Panel Members met and had a full discussion of the issues

which was very helpful to your Chairman.  Eased on the

record and my consultation with the Panel, the following

constitutes my findings of fact and determination of the

issues.

 

ISSUES IN DISPUTE

 

            The following issues were presented to the Panel for

arbitration:

 

1.         Wages;

2.         Longevity;

3.         Driver/Engineer Premium;

4.         Ambulance Driver Premium;

5.         Paramedic Premium/Longevity;

6.         Education Incentive;

7.         Parental Leave;

8.         Rescheduling of Holidays;

9.         Personnel Reduction; and

10.       Paramedic Reassignment.

 

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-

                        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 an~ 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, hereinafter also

referred to as comparators.  Here, the Employer and Union

have employed different methods in selecting comparators

resulting in different lists of comparable employers.

Unfortunately, the parties bargaining history does not pro-

vide the Arbitration Panel with assistance regarding appro-

priate method for selecting comparators.  Both parties

agree, however, that during their negotiations for the

Agreement submitted to arbitration here, they did discuss

comparable employers and determined that the range of compa-

rability should be no greater than 100% above Bellingham nor

lower than 50% below Bellingham.  However, it does not

appear from the evidence or the briefs of the parties that

the parties ever reached agreement on the particular

criteria to be employed in connection with the range limita-

tions they had agreed upon.

 

            The Union proposes two separate sets or groups of

comparators.  The Group 1 comparators were obtained by using

the population of the City of Bellingham for fire suppres-

sion services, which population the parties agree at the

time of hearing was 47,290.  A second criterion applied by

the Union relates to fire department size based on the

number of full time paid employees working in the fire

department, which was 108.  Thus, the Union, as I understand

it, looked at all of the fire departments in the State of

Washington and selected out those that came within 100%

above and 50% below the population of Bellingham and also

came within 100% above and 50% below the number of full-time

paid employees working in the fire department.  This left a

list of twelve comparators, seven of which are located in

King, Snohomish and Pierce counties.

 

            The Union also proposes what it refers to as a Group 2

set of comparators using again population and number of

employees in the fire department, but using a different

population figure for Bellingham than was used in connection

with Group 1 employees.  In this regard, the City of

Bellingham provides paramedic service not only within the

City of Bellingham, as it does in connection with fire

suppression service, but also provides paramedic services

throughout Whatcom County.  Thus, what the Union did in

connection with selecting its Group 2 comparators was to

take the population of Whatcom County, listed as 122,200,

subtract the population of Bellingham, 47,290, leaving a

population of 74,910.  Because emergency medical service

(EMS) responses amounted to 75% of the department's response

activity, the Union took 75% of the 74,910 population

located outside the City of Bellingham which came to 56,182

as the effective service population in the County.  The

Union then added back the resident population in Bellingham

to come up with a population for comparison purposes of

103,472.

 

            When the same 100% plus and 50% minus range is applied

to population served in the other comparators based on a

population of 103,472 and to the number of employees in the

fire department, a list of seven comparators remain.  These

seven, Bellevue, Spokane Fire District No. 1, King County

Fire District No. 39 (Federal Way), Clark County Fire

District No. 5, Kent, Pierce County Fire District No.2

(Lakewood) , and Everett also appear as Group 1 comparators.

Of the seven comparators in Group 2, five are located in

King, Snohomish or Pierce counties.  The five comparators

which are included as a part of Group 1 and not included as

part of Group 2 are Yakima, Vancouver, Renton, Auburn and

Olympia.

 

            The Union takes the view that either Group 1 or Group 2

would satisfactorily serve as comparators.  However, the

Employer strongly objects to the use of either group on

several grounds.  I find myself in agreement with the

Employer that the comparators proposed by the Union, whether

Group 1 or Group 2, are not appropriate comparators pursuant

to the statutory criteria.  Thus, RCW 41.56.460(c) (ii) pro-

vides for a comparison based on "similar size."  Similar

size has most frequently been interpreted by arbitrators to

mean population served and not the number of employees

employed in the fire department.  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 department 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.

 

            The Union recognizes that the purpose for changing the

law in 1987 was, as I have described in the paragraph

immediately above, however, the Union takes the position

that number of employees in the fire department was an

appropriate parameter of employer size prior to 1987.  How-

ever, the Union has not supplied evidence of the extent to

which such a parameter of employer size was found to be

appropriate by arbitrators.  However, the Employer's

position as set forth in 18 ARB 3-4 and the testimony of

Cabot Dow that number of personnel in the fire department is

an infrequently used criterion by arbitrators in connection

with "similar size" comparisons is in accord with my

research and experience as an Arbitrator.

 

            Furthermore, as a result of the Union using number of

employees in the department as a criterion, a large number

of employers much closer in size by population to Bellingham

than the ones selected by the Union are eliminated from

consideration as a comparator.  Thus, if one reviews the

Group 1 comparators, Bellingham is ninth out of thirteen in

population and the average population using the Union's

population figures is approximately 31% higher than the

population in Bellingham.  The foregoing analysis is based

on population served for fire suppression.  If population

served is based on fire suppression plus the 75% formula

employed by the Employer regarding EMS calls throughout

Whatcom County, then Bellingham has a higher population than

all of the seven Group 2 comparators.

 

            The Employer objects to the use of any comparators

located in the counties of King, Snohomish or Pierce on the

theory that those counties constitute a separate and

distinct labor market with a higher wage structure than is

found in Bellingham.  The question of labor markets and its

applicability to comparators is complex.  It is true, how-

ever, that arbitrators have looked to considerations of

labor market either in helping to shape the appropriate

comparators or as an additional factor, "normally or tradi-

tionally taken into consideration in the determination of

wages, hours and conditions of employment," pursuant to

Subsection (f) of RCW 41.56.460.

 

            The Union recognizes considerations of labor market,

but points out that Bellingham, located as it is in Whatcom

County, is not part of a labor market where other firefight-

are employed.  Thus, necessarily the Union points out,

Bellingham must be compared with comparators located in

other labor markets in other parts of the State.  The Union

placed in evidence through the testimony of its expert

witness James J. Kilgallon certain evidence regarding the

comparability of wages paid in Bellingham and Whatcom County

with those paid in King, Snohomish and Pierce counties.  The

Employer countered with the testimony of its expert witness

David R. Knowles who put in substantial evidence indicating

that the wage structure in King, Snohomish and Pierce

counties is higher than that paid in Bellingham and Whatcom

County.

 

            It is my conclusion after reviewing all of the testi-

mony and documentary evidence discussed above, that it would

be improper to select a set of comparators for Bellingham, a

majority of which are located in King, Snohomish and Pierce

counties.  Furthermore, I note that there are a substantial

number of comparable employers much closer in population

size to Bellingham than six of the seven comparators

selected by the Union which are located in King, Snohomish

or Pierce counties.

 

            I now turn to a consideration of the Employer proposed

comparators.  The Employer selects five comparators as

appropriate, namely, Clark County Fire District No. 5,

Olympia, Spokane Fire District No. 1, Vancouver and Yakima.

The Employer selected these five comparators because during

bargaining these five comparators were both on the Union's

proposed list of comparators and the Employer's proposed

list of comparators.  The Union is correct in pointing out

that these five comparators were not agreed upon by the

Union and the Employer but rather just happened to be on the

list of comparators compiled by each of the parties.  The

Union further points out that the five comparators on its

list which were also on the Employer's list are the five

lowest paying employers of the twelve comparators selected

by the Union in connection with its Group 1 list, and,

therefore, there clearly was no intent by the Union to reach

agreement on these five as the appropriate comparators.

 

            While it is possible that five comparators may be

sufficient in a situation where it is difficult to come up

with appropriate comparators, there is no reason to limit

the comparators in this case to only five.  Furthermore, the

average population of the five comparators for fire suppres-

sion purposes, using the Employer's population figures, is

25.2% above that of Bellingham.

 

            The Employer appears to recognize that it is unlikely

that the Arbitrator would select only five comparators as

most of its testimonial and documentary evidence regarding

comparators relates to the manner in which it chose addi-

tional comparators.  First, the Employer took all compara-

tors by population size with respect to population served

for fire suppression services which met the 100% plus, 50%

minus range and came up with forty-one comparators not

counting the five comparators which appeared on both the

Employer and Union lists for a total of forty-six compara-

tors.  Clearly forty-six comparators is too many.

 

            Cabot Dow testified that in his experience as a consul-

tant representing public employers in Washington State in

labor relations matters, assessed valuation was the second

most frequently used criterion in determining comparators.

The testimony of Cabot Dow accords with my experience as an

interest arbitrator.  Furthermore, the use of assessed valu-

ation as a secondary factor in determining comparability

simply makes sense in the context of firefighter interest

arbitrations.  The twin duties of a firefighter are to pro-

tect persons and property.  Thus, employers of similar size

with respect to population and assessed value may clearly be

said to be meeting the statutory criteria of similar size as

it relates to firefighters.

 

            When the test of 100% plus and 50% minus with respect

to assessed valuation is applied to the forty-six employers

that are within this range with respect to fire suppression

population, thirty-three comparators remain including the

five comparators which the Employer considers to be the

appropriate comparators.  The Employer takes the position

that thirty-three comparators are too many and, thus, the

Employer determined to remove those comparators located in

the King, Snohomish, Pierce county labor market which left

eight comparators plus the Employer's initial five for a

total of thirteen comparators.  The Employer determined that

thirteen comparators was still too many and, therefore, the

Employer determined to eliminate those employers with fire

departments that did not supply paramedic services.  When

this was accomplished, one comparator was eliminated.

 

            At 12 ARB 12, the twelve remaining comparators were

described by the Employer as the addition of seven compara-

tors to the five the parties "agreed to use" for a total of

twelve comparators which are: Richland, Bremerton,

Kennewick, Clark County Fire District No. 6, Kitsap County

Fire District No. 7, Spokane County Fire District No. 9,

Thurston Fire County Fire District No. 3, as well as the

original five which are Olympia, Yakima, Vancouver, Clark

County Fire District No. 5 and Spokane County Fire District

No. 1.

 

            I have previously concluded that the evidence does not

establish an agreement between the Employer and Union to use

the five comparators as claimed by the Employer.  The Union

strongly objects to the Employer's method of limiting addi-

tional comparators by removing from consideration compara-

tors otherwise appropriate except for the fact that they are

located in King, Snohomish or Pierce counties.  While it may

be proper in appropriate circumstances to limit considera-

tion of comparators to those within the same labor market as

the employer at issue, Bellingham is not located in a geo-

graphic area that contains other potential comparators in

what might be described as a labor market.  Nor was the evi-

dence presented sufficient to lump Bellingham in a sort of

"Washington State labor market," which takes in the entire

State but excludes King, Snohomish and Pierce counties.  The

fact that economists can track common factors which impact a

work force in a particular geographic area, such as, King,

Snohomish and Pierce counties, does not mean that the

remainder of the State should be considered as a separate

labor market with common economic stimuli impacting in a

similar fashion workers throughout the state.

 

            While it is true that Dr. Knowles' testimony indicates

that the wage structure in King and Snohomish counties, and

to a lesser extent in Pierce County, is higher than the wage

structure in the rest of the State, there was also evidence

presented by Union expert witness, Mr. Kilgallon, that both

the federal government and the State of Washington for vari-

ous purposes in connection with wages consider Bellingham

and Whatcom County to be comparable to King, Snohomish and

Pierce counties.  However, even leaving this evidence aside,

the evidence presented by Dr. Knowles and the Employer

demonstrate that there are differences between Bellingham

and Whatcom County on the one hand and other areas of the

State, excluding King, Snohomish and Pierce counties on the

other.  Thus, for example, the Washington City and County

Employee Salary and Benefit Survey for 1989 prepared by the

Washington Local Government Personnel Institute lists the

monthly salary for Fire Chief in Bellingham of $4,551 per

month which is approximately 5% higher than the average of

seven employers listed under the heading, "Other Labor

Markets."  These employers are Bremerton, Kennewick,

Longview, Olympia, Richland, Vancouver and Yakima.

 

            Additionally, a review of the Employer exhibit contain-

mg a map of the State of Washington and entitled,

"Firefighter Top Step Salary As of December 31, 1989" shows,

for example, that while the top step firefighter receives

$2,651 per month in Bellingham, the two Spokane employers

listed, namely, Spokane Fire Districts Nos. 1 and 9, pay an

average of $2,466 per month to its top step firefighters,

leaving Bellingham 7.5% above the average paid in those two

Eastern Washington fire districts.  Furthermore, the same

exhibit lists two fire districts in the Tri-Cities area,

namely, Richland and Kennewick, who have an average top step

salary of $2,581 per month leaving Bellingham with a top

step firefighter wage 2.7% above that paid those Tri-Cities

comparators in 1989.

 

            Based on all of the foregoing, I find in agreement with

the Union that elimination of all comparators in King,

Snohomish and Pierce counties is not appropriate.  Since

your Chairman cannot accept either the Union's method or the

Employer's method for producing appropriate comparators,

your Chairman has determined to arrive at appropriate

comparators by the following method.

 

            It is clear that population served is generally consid-

ered to be the most appropriate factor to employ in select-

mg comparators pursuant to the statutory criteria laid out

in RCW 41.56.460(c)(ii).  I determined to use population

served based on fire suppression since less than one of four

of bargaining unit members are involved in providing

 paramedic service outside the City of Bellingham, and these

same fire fighters/paramedics provide paramedic service

within the City of Bellingham.  Furthermore, neither party

has provided figures for population served including

paramedic service for potential comparators, except for the

Union, which provided population served figures which

include paramedic service in connection with its Group 2

comparators.  As indicated previously, I rejected these

comparators because of those within the range of 100% plus

and 50% minus, Bellingham has the highest population served.

 

            Recognizing the parties' joint view implemented during

bargaining that the range of 100% plus and 50% minus was

appropriate for use in determining comparables, I used this

range in connection with population served for fire suppres-

sion services to begin the task of selecting appropriate

comparators.  When the 100% plus and 50% minus range is

applied to all of the comparators for which the parties pro-

vided wage and benefit data, nineteen comparators remain.

Nineteen comparators appear to your Arbitrator to be an

unduly burdensome number with respect to data collection and

analysis regarding wages and other terms and conditions of

employment.

 

            Furthermore, nineteen comparators, of course, repre-

sents all of the comparators selected by either the Employer

or the Union.  If I were to determine to use all of the comparators

offered by either party in absence of any agree-

ment between the parties, I would, in effect, be encouraging

the parties to provide comparators which favorably support

their view regarding the nature of wages and benefits to be

ordered pursuant to the arbitration.  In view of the forego-

mg, I determined then to employ the second most used

criterion in reducing the number of comparators, namely,

assessed valuation.  When this criterion is applied, fifteen

potential comparators remain and four, all of which have an

assessed value in excess of 100% of Bellingham, are elimi-

nated, namely, Bellevue, Kent, King No. 39 (Federal Way) and

Everett.

 

            Fifteen comparators is still too large a number of

comparators for efficient data collection and analysis.  In

order to reduce the number of comparators, I returned to the

primary method of selecting comparators, namely, population

size and found that five of the comparators had a greater

population than Bellingham, while ten had a lower population

than Bellingham.  I then determined that if I selected the

five comparators above Bellingham in population and the five

comparators below Bellingham in population, I would have a

list of ten comparators which seems to me an appropriate

number and Bellingham would constitute the median of the ten

comparators plus Bellingham.  The five above Bellingham

(using the Employer population figures) are:  Spokane No. 1

(90~000), Pierce No. 2 (65,000), Clark No. 5 (80,000),

Yakima (50,610) and Kitsap No. 7 (50,000).  While the five

immediately below Bellingham are:  Clark No. 6 (45,000),

Thurston No. 3 (45,000), Vancouver (44,450), Renton (38,480)

and Bremerton (37,080).

 

            When one takes an average of the population of each of

these ten comparators one finds that the average population

is 54,562 which is 15.4% above the population in Bellingham.

Such a large difference in the average population between

potential comparators and Bellingham seems inappropriate.

This is particularly the case here where by removing the

comparator with the highest population, namely, Spokane No.

1, which has a population 90.3% above that of Bellingham,

and substituting Kennewick (36,880), the comparator with the

next highest population below that of the tenth comparator,

Bremerton, the average population of the ten comparators is

now only 4.1% above that of Bellingham.  Bellingham, now

although no longer the median comparator, is still pretty

close to the middle as it jumps from sixth out of eleven to

fifth out of eleven.  Furthermore, a look at the secondary

criterion of assessed value reveals that Bellingham is

within an appropriate range of the ten selected comparators

with respect to this secondary criterion.  Thus, Bellingham

is fourth of eleven comparators at 1,496,000,000 assessed

value which is only 7.1% above the average assessed value of

the ten comparators, which is 1,397,000,000.

 

            It is also significant that the ten selected compara-

tors are not unevenly weighted either toward the generally

higher paid areas, such as, King, Snohomish and Pierce

counties nor to the generally lower paid areas in Eastern

Washington.  Thus, of the ten comparators, two are located

in the King, Snohomish, Pierce County area (Renton and

Pierce No. 2) , two are located in Eastern Washington (Yakima

and Kennewick), and the remaining six (Kitsap No. 7, Clark

No. 6, Thurston No. 3, Vancouver, Bremerton and Clark No. 5)

are located in Western Washington but outside King,

Snohomish or Pierce counties as is Bellingham.

 

WAGES

 

            The parties agree on a three year term for the Agree-

ment subject to this arbitration, which term shall run from

January 1, 1990 through December 31, 1992.  The Union

proposes across the board wage increases of 5% plus the

previous year increase in the C?I All Cities West All Urban

Consumers Index effective at the beginning of each year of

the three year Agreement.  The Employer proposes that all

bargaining unit employees be increased 6% effective January

1, 1990, 3% effective January 1, 1991, and an additional 3%

effective January 1, 1992.  The Employer, assuming an

increase in the applicable CPI Index of approximately 4 to

4.5%, contends that the Union's request will result in a 9

to 9.5% increase in each year of the Agreement contrasted

with the Employer's proposed increase of 6% in 1990 followed

by an additional 3% in 1991 and again in 1992.

 

            From the foregoing, it is clear that the parties are

widely apart on what constitutes an appropriate wage

increase.  To a great extent this occurs due to the parties

differences in selecting appropriate comparators.  I have

already explained in great detail the basis for my rejection

of each of the parties' selected comparators and provided

the basis upon which I selected comparators.  The next ques-

tion that must be answered is what is the appropriate basis

upon which to compare Bellingham to the comparators with

respect to the issue of wages.  The parties have supplied an

almost overwhelming amount of data.  After carefully review-

ing all of this material, it seems to me that the most

appropriate basis upon which to compare Bellingham to the

comparators for purposes of determining the appropriate wage

increase is to take the base salary of top step firefighter,

and then divide that salary by the scheduled work hours less

the basic vacation time earned and the holiday time off,

which leaves a figure representing actual hours worked.  The

top step firefighter in Bellingham is a five year fire-

fighter and the parties have provided the Arbitrator with

information sufficient to compute actual hours worked

pursuant to the above-described formula for a five year

firefighter

 

            It does not seem appropriate to me to mix benefits and

wages when reviewing comparators for purposes of a wage

increase.  For example, how much a particular employer pays

in premium for insurance coverage has really only marginal

relevance, if any, to a determination of an appropriate wage

increase.  Furthermore  it does not seem appropriate in

attempting to ascertain a wage increase to include various

premiums such as EMT pay or longevity when reviewing the

comparators.  These are separate and additional benefits

and, in fact, both longevity and paramedic longevity were

separately certified as issues to be determined by the arbi-

tration panel.  I do not mean to imply that when a particu-

lar benefit is reviewed, an arbitrator is prohibited from

reviewing other premiums and benefits provided in each of

the comparators.  All I am saying here is that when

considering the comparators in connection with a wage

increase an ~'apples to apples" comparison is most helpful.

 

            It could reasonably be argued that only base salary

should be compared since that is what is at issue here.

However, such a comparison would ignore the fact that a very

significant aspect of monthly earnings is the number of

hours one has to work to earn that monthly salary.  Base

salary stays the same for all journeyman firefighters as

does holiday time off.  Vacation benefits do vary based on

longevity, and, therefore, in computing actual hours.worked,

I have selected the five year firefighter who earns, gener-

ally speaking, the basic vacation benefit.  Set forth below

is a chart listing the comparators selected for this pro-

ceeding along with their hourly rate from highest to lowest:

 

                                    Chart No. 1                 Hourly Rate

                                               

            Renton                        $16.47

            Clark No. 5                 $14.57

            Thurston No.  3          $14.47

            Vancouver                  $14.44

            Pierce No. 2                $14.36

            Yakima                       $13.59

            Bellingham                 $13.24

            Bremerton                  $12.96

            Kennewick                  $12.82

            Kitsap No. 7               $12.49

            Clark No. 6                 $12.08

 

                        Average Hourly Rate:                       $13.83

                        Percent above Bellingham:               4.5%

 

            In compiling the figures set forth in the chart above,

I reviewed the updated Employer data appearing at Tab 15 and

Tab 16 of the Union's brief which material listed the rele-

vant information for both the Employer and Union proposed

comparators.  I then made the same computations using the

updated Union data appearing at Tab 1 of the Union brief

with respect to the five comparators for which the Union had

provided information.  The difference with respect to four

of the five comparators for which the Union had figures was

only one or two cents.  This difference was apparently based

on the manner in which each party determined to round

fractions in determining hours worked.

 

            The only difference of any significance related to

Clark No. 5 where the Union showed the top firefighter pay

as $2,986 and the Employer at both Tab 15 and Tab 16 showed

the base salary for five year firefighters as $3,031.  When

one adds to $2,986 the EMT pay of $44.79 and rounds that off

to $45, the resulting figure is $3,031.  Since I had deter-

mined to use base salary without any premiums in making a

wage comparison, I used the $2,986 figure for Clark No. 5

other than the change regarding Clark No. 5, described

above, all computations were based on the information

provided by the Employer at Tab 15 and Tab 16 of the Union

brief in order that a consistent methodology with respect to

rounding would be followed.

 

            It should also be pointed out that in compiling the

actual hours worked figure for use in my hourly rate compu-

tation, I did not use the weighted averaged suggested by the

Employer.  In this regard, I note that Bellingham is unique

among both the Employer and Union suggested comparators

regarding providing for a different number of hours worked

for firefighters on the one hand and paramedics on the

other.  Furthermore, in 1989, the year used for comparing

hourly rates for this arbitration, Bellingham, with a

bargaining unit of approximately 94 employees, employed only

twenty-one on the shorter work schedule.  Additionally, I

note the testimony of Fire Chief Jay Gunsauls who testified

that the firefighters performing paramedic work were

provided with a shorter work week because, in the Employer's

view, it was necessary to reduce their work week in order to

"extend their ability to continue to perform."  (Tr.,

p. 650.)  The same reasoning caused the Employer, beginning

in 1990, to similarly reduce the hours of each of the eight

firefighters who were assigned as permanent ambulance

drivers and, who in that position, were assigned to

accompany a paramedic on the same ambulance and thus were

exposed to the same workload.

 

            Finally, I note the testimony of Chief Gunsauls regard-

mg a change that was agreed upon during the current negoti-

ations which will provide a $280 premium to paramedics in

each of the five contractual pay steps for the purpose of

enhancing recruitment into the paramedic program.  Thus, as

I understand it, the parties have agreed that all paramedics

will receive a $280 a month premium over what is earned by

firefighters in the same step on the pay scale and will only

have to work a 47 hour week rather than a 51.5 hour week

worked by firefighters.  Thus, although the reduced work

schedule provided paramedics constitutes a significant

benefit, the final base wage to be paid paramedics has been

left by the parties to a determination of the appropriate

base wage for firefighters.  I also note that the Union is

seeking an increased premium for those firefighters assigned

as ambulance drivers on a permanent basis.  In view of all

of the foregoing, it is appropriate to use the hours worked

by firefighters with respect to a comparison of the hourly

rate paid in Bellingham vis-a-vis the hourly rate paid in

the comparators.

 

            A review of the appropriate comparators reveals that

although Bellingham is fifth of eleven including Bellingham

in population and fourth of eleven with respect to assessed

value, it is seventh of eleven in base hourly wage.

Furthermore, the average hourly rate paid by the comparators

of $13.83 is 4.5% above the $13.24 paid in Bellingham.

Furthermore, the median paid among the comparators is $13.98

which is 5.6% above the $13.24 paid in Bellingham.

 

            As both parties recognize, one of the statutory

criterion to be examined by the Arbitration Panel is set

forth in RCW 41.56.460(d) regarding the average consumer

prices for goods and services commonly known as the cost of

living.  The Union takes the view that the appropriate index

is the Consumer Price Index for Pacific Cities All Urban

Consumers, Class Size A, which covers cities 1,250,000 and

over.  The Union presents at Tab 18 of its brief a table

showing that between July 1990 and July 1989 and between

June 1990 and June 1989, that Index increased 5%.  The

 

Employer's position, as I understand it, is that if the

Pacific Cities Index is to be considered, then the appropri-

ate class size is West Size Class C which covers cities

between 50,000 to 330,000.  The table supplied by the Union

at Tab 18 also shows a 5% increase between July 1990 and

July 1989 in this class size but only 4.3% increase between

June 1989 and June 1990.

 

            Neither party has supplied sufficient information

regarding the Pacific Cities Index for your Arbitrator to

make relevant historical comparisons which are appropriate

in connection with the various arguments of the parties

regarding the significance to be accorded various changes in

the CPI.  Therefore, your Arbitrator has relied on the index

often used in interest arbitrations in the State of

Washington, namely, the Seattle area CPI-U.  These figures

are readily attainable in the BNA service subscribed to by

your Arbitrator.

 

            The Employer makes two major arguments regarding the

effect of the CPI.  First, that wages paid to Employer fire-

fighters have historically exceeded the rate of inflation as

measured by the CPI.  The first question that must be asked

in connection with this contention by the Employer is, what

date should be used as the beginning date when making an

historical comparison.  I note that the only interest arbi-

tration between the parties covered the years 1977 and 1978.

That arbitration award mandated certain salary increases for

the years 1977 and 1978.  Thus, it has been since 1979 that

the parties have established wage rates based on collective

bargaining free of any mandated settlement.  The yearly

average for the Seattle area CPI-U for 1979 was 216.3.  When

that figure is converted to the.1982-84 base, the resulting

index figure 71.0.  Comparing that figure to the 1989 year

average for the Seattle area CPI-U, which was 118.1, the

difference is 66.3%.  However, the top step base salary in

Bellingham in 1989 of $2,651 is 81.9% above the 1979 top

step in base in Bellingham of $1,457.  Thus, during a

relevant historical period in Bellingham, firefighters have

received raises in excess of the cost of living as measured

by the CPI.

 

            Secondly, the wage increases provided firefighters dur-

mg the 1987-89 contract period just about kept pace with

the CPI.  Thus, the base salary in 1986 for a top step fire-

fighter was $2,405 and by 1989 it had risen to $2,651 for a

10.2% increase.  The increase in the Seattle area CPI-U

between 1986 and 1989, using the year average figures again

and adjusting for the 1982-84 base which was imposed in

1987, is 10.7%   (325.2 times 0.3280421 equals 106.7

compared to year average 1989 of 118.1.)

 

            The Employer also contends and your Chairman agrees

that is appropriate to consider internal equity with other

bargaining unit workers, particularly police.  The base

salary for a police officer in 1989 was $2,788 which is

83.2% above the base salary for a police officer in 1979

which was $1,522.  since, as indicated earlier, firefighter

base salary has increased 81.9% during that period, the

historical trend indicates similar increases for police

officers and firefighters.  This trend is confirmed by the

increases police received during the period 1987 through

1989.  Thus, in 1986, police officers received a base

monthly wage of $2,540 and their base of $2,788 in 1989 is

an increase of 9.8% which is very close to the 10.2%

increase in base earned by firefighters during the same

period.

 

            The Employer placed in evidence an Exhibit entitled,

"City of Bellingham 1990 Fire Arbitration, increas2 (sic)

June 8, 1990" which lists the top step firefighter base wage

in 1989 and 1990 for various comparators.  of the ten

comparators selected by your Chairman, there is a 1990

figure for all but Clark No. 6, Thurston No. 3 and Yakima.

I checked the base salaries for 1989 against the information

supplied in Tab 15 and Tab 16 of the Union's brief and found

that two of the three are different.  Renton is listed as

$2,977 but the updated base salary in 1989 as listed at Tab

15 is $2,963, and Clark No. 5 is listed as $2,898 but the

actual base salary figure as d&scribed earlier in this

Opinion for Clark County No. 5 is $2,986.  These are small

differences, however, there is a large difference with

respect to Kitsap No. 7 which is listed as $2,702, but is

listed in Tab 16 as having a base salary of $2,573.  Thus,

in computing the average raise between 1989 and 1990, I did

not count Kitsap No. 7.  The average increase for the six

remaining comparators using the updated and corrected

figures for Renton and Clark No. 5 is 4.3% with the range of

raises running from 4% in Kennewick to 6.6% in Vancouver.

 

            The evidence indicates that the Bellingham firefighters

have the respect and goodwill of the community they serve in

handling an increasing volume of work.  These firefighters

are entitled to receive pay which is on a par with the

comparators.  In this regard, it is not contended that such

a raise is beyond the Employer's ability to pay.

 

            If one takes the 1990 top step base salary figure for

each of the six comparators that I used in compiling the

average increase of 4.3%, namely, Pierce No. 2, Renton,

Bremerton, Clark No. 5, Kennewick and Vancouver, and then

applies a 4.3% increase to the 1989 top step base salary

figure for the remaining four comparators, Clark No. 6.,

Kitsap No. 7, Thurston No. 3 and Yakima, one finds that the

average top step base salary for the ten comparators is

$2,868.  A chart listing the top step base salary for the

ten comparators for 1990 computed in the manner described

above appears below:

 

                                    Chart No. 2 -

            Top Step Base Salary of Comparators for 1990

           

 

            Pierce No. 2                                                    $3,111

            Renton                                                            $3,108

            Clark No. 5                                                     $3,019

            Vancouver                                                      $2,930

            Yakima                       ($2,791 x 4.3%)          $2,911

            Bremerton                                                      $2,814

            Kennewick                                                      $2,747

            Kitsap No. 7               ($2,573 X 4.3%)         $2,684

            Thurston No.3            ($2,572 x 4.3%)          $2,683

            Clark  No. 6                ($2,561 x 4.3%)          $2,671

 

 

            Average salary of comparators for 1990:     $2,868

 

            When one takes into account that Bellingham was approx-

imately 4.5% behind the comparators in 1989 and that the

comparators had an average increase of approximately 4.3%

between 1989 and 1990, then a raise in the neighborhood of 8

to 9% would bring Bellingham in line with the average of the

comparators.  Since a raise of 8 to 9% is a considerable

raise and larger than any provided to the six comparators

for which we have information with respect to 1990, it

appears to me appropriate to provide a raise at the low end

of the range, namely, eight percent (8%)   A raise of 8%

would provide a top step Bellingham firefighter with a

monthly salary of $2,863 which is only five (5) dollars

below the average salary for 1990 of $2,868.  Furthermore,

it would place Bellingham sixth of the eleven comparators

including Bellingham and just about at the mid point between

fifth place Yakima (assuming a 4.3% raise in 1990) and

seventh place Bremerton.  I also note that by the end of

1990, the base salary for a top step police officer will be

$2,955 which is 3.2% above the $2,863 monthly salary I

propose for by the top step firefighter during 1990.

 

            With respect to 1991, it does seem appropriate to

provide the firefighters with an increase in line with the

cost of living in order to maintain their salary vis-a-vis

the comparators.  However, the Employer strongly objects to

the placement of a cost of living clause in the agreement

pointing out that at least since one was ordered by the

Arbitration panel in 1978, no such clause has appeared in

the parties' agreements.  The reason that cost of living

clauses are ordered by arbitration panels is that often

there is precious little other evidence to use in determin-

mg the wages to be paid in the second and third year of a

collective bargaining agreement.  In the instant case, there

appears to be sufficient evidence regarding the cost of

living during the 1989-90 period which would ordinarily be

looked at in determining an appropriate wage increase for

the following year, namely, 1991.

 

            From the evidence regarding the applicable consumer

price indexes, it appears that a raise in 1991 in the 4 to

5% neighborhood would be sufficient to maintain the status

of Bellingham firefighters vis-a-vis the comparators.  In

light of the fact that raises provided firefighters in

Bellingham have historically been greater than the increase

in the cost of living, it seems appropriate to provide a

raise in 1991 at the low end of the relevant cost of living

figures.  Therefore, the raise for 1991 shall be four

percent (4%) .  A 4% increase on the base wage of $2,863 for

1990 equals $2,978.  According to an Employer supplied

exhibit, "Pay Grade 29 Comparison,"  the top step police

officer will receive a monthly base of $3,103 in 1991 and,

thus, the police officers will be 4.2% ahead of the fire-

fighters in 1991.  This is a very similar percentage differ-

ence to that in effect in 1979 which was the year I selected

as the appropriate year to begin the historical comparison.

In 1979, the police officers were 4.5% ahead of the fire-

fighters.

 

            With respect to the third year of the Agreement, 1992,

one might ordinarily order a cost of living increase based

on the semi-annual average year to year percentage change

between 1990 and 1991 in the Seattle area.  However, I am

sympathetic to the Employer's desire not to have a CPI

clause in the Agreement in view of the bargaining history

between the parties excluding such a clause.  Furthermore,

the BNA service does have year to year comparisons for the

All Cities Index as current as between April of 1991 and

April of 1990.  The CPI-U had increased 4.9% during that

period while the CPI-W has increased 4.7%.  The percentage

increase for both indexes has been on a downward trend over

the past six months.  In these circumstances and recognizing

that on a compound basis, firefighters during the first two

years of the Agreement received a 12.3% increase, it appears

appropriate to me to order an additional four percent (4%)

in the third year bringing firefighter top step base salary

to $3,097.

 

            As I understand the proposals of both parties, the

percentage increases determined appropriate by the Panel

would be applied to each step on the salary schedule with

respect to firefighters.  Drivers/Engineers are subject to a

separate premium which would then be added to the wage rate

at each step to determine the wage for the Driver/Engineer.

With respect to the Firefighter/Paramedic, it is my under-

standing that the parties have agreed upon a $280 premium

which would be added to the firefighter wage at each step of

the salary schedule.  Finally, with respect to Captains,

Inspectors and paramedic Supervisors, it is my understanding

that both parties agree that the same percentage increase

that is applied to firefighters is to be applied to these

employees at each step of the salary schedule.

 

LONGEVITY

 

            The Union proposal, as I understand it, is twofold.

First, the Union proposes to eliminate the grandfather

longevity provisions contained at Section 2 of Article 33 of

the 1987-89 agreement so that all firefighters with twenty

years of service would receive the same longevity premium of

$175 per month.  Secondly, the Union proposes that two

additional  longevity steps be added to the Agreement so

that a firefighter will receive $275 per month longevity

premium at twenty-five years and $400 per month longevity

premium at thirty years.

 

            After a discussion of this matter by the Panel in which

your Chairman indicated his inclination to reject the

Union's additional longevity steps proposal, the Panel

agreed that the Chairman's determination should be current

contract language with respect to both Union proposals.

 

DRIVER/ ENGINEER PREMIUM

 

            Presently firefighters performing the work of and

classified as Driver/Engineers receive a $50 premium above

the applicable firefighter pay.  The Union wishes to

increase this premium so that it will rise to $60 in 1990,

$80 in 1991 and $100 per month in 1992.  Additionally, fire-

fighters assigned on per shift basis to work out of classi-

fication as a Driver/Engineer presently receive a premium of

$2 per shift.  The Union proposes to raise this premium to

$3 per shift in 1990, $4 per shift in 1991 and $5 per shift

in 1992.

 

            The Union points to certain increased responsibilities

of firefighter performing the work of a Driver/Engineer as

well as the fact that the $50 premium has been eroded by

increases in the cost of living since it was last adjusted

in 1979.

 

            The Employer opposes any increase in Driver/Engineer

premium pointing out that the Driver/Engineer is not a civil

service position but is a position which is awarded to fire-

fighters on the basis of seniority rather than on the basis

of a competitive examination or distinct set of qualifica-

tions.  Furthermore, none of ten comparators provides a

Driver/Engineer premium.

 

            In view of the foregoing, I find that there is a

insufficient basis upon which to recommend the Union's

proposal and, therefore, it is rejected.

 

AMBULANCE DRIVER PREMIUM

 

            Presently employees other than paramedics assigned to

ambulance duty receive a premium of $2 per twelve hour

shift.  The Union proposes that those firefighters filling

in as acting EMT drivers should receive $5 per twelve hour

shift.  Furthermore, the Union proposes that a firefighter

who is regularly assigned as a firefighter EMT driver should

receive a $100 per month premium pay.  In support of its

position, the Union points to the testimony Jerry Stougard

who serves as a firefighter EMT driver.  According to

Stougard, an ambulance driver (EMT) in Bellingham is differ-

ent from an ambulance driver in "other jurisdictions" in

that in "most places medic units operate with two paramedics

on board."  (Transcript, p. 143.)  As I understand the

situation, since January 1, 1990, the Employer has

determined to assign on a permanent basis particular

firefighters to work alongside a paramedic on an ambulance

because of an increase in workload and the difficulty the

Employer has had in recruiting paramedics.  Prior to January

1, 1990, firefighters were assigned as ambulance drivers

only on a temporary basis.

 

            The Employer opposes any increase in the ambulance

driver premium and also objects to the monthly premium for a

firefighter regularly assigned as an ambulance driver since

this proposal was not among those Union's proposals certi-

fied by the public Employment Relations Commission for arbi-

tration.  In response, the Union points out that it did not

learn that firefighters were being permanently assigned as

ambulance driver until after mediation had concluded.

 

            In opposing the Union proposal on its merits, the

Employer points to the fact that firefighters who are

regularly assigned as ambulance drivers will be provided

with the same 47 hour work week as paramedics instead of the

51.5 hour work week assigned to firefighters and that

firefighters who fill in for permanently assigned ambulance

drivers will continue to receive compensatory time at one

hour per twelve hour shift, which compensatory time is

subject to a cash out at the end of the year.  Furthermore,

the Employer points to the fact that none of the ten

comparators pays any premium for ambulance drivers.

 

            I note that the extent to which ambulance drivers are

required to accompany a paramedic in Bellingham vis-a-vis in

other jurisdictions is not clear from the record.  While

your Chairman was very impressed with the testimony of Jerry

Stougard regarding the importance of the work of the EMT,  I

do not feel that at the present time an additional premium

structure or amount should be imposed.  In this regard, I

note in particular the fact that the assignment of fire-

fighters on a permanent basis as ambulance drivers was only

recently begun and a significant new benefit was provided,

namely, a reduction in hours worked.  However, if it turns

out the Employer continues on a regular basis to operate its

ambulances with one paramedic and one permanently assigned

ambulance driver, then it would be appropriate for the

parties to consider whether the nature of the work being

performed warrants an addition premium.

 

            Based on all the foregoing, the Union's proposal is

rejected.

 

PARAMEDIC PREMIUM/LONGEVITY

 

            The Union makes three proposals under this subject

heading.  First, that paramedics be allowed to retain their

premium pay regardless of the position they are filling

after leaving that assignment as long as they maintain their

certification.  secondly, that paramedics retain paramedic

longevity pay after ten year certification regardless of the

position they are filling or whether or not they retain

their certification.  Finally, the Union proposes various

increases to the Article 31 Longevity Pay Schedule.

 

            The Employer opposes any change in paramedic premium or

longevity as none of the comparators provide a separate

paramedic longevity schedule or provide that a paramedic may

retain premium pay after reassignment.  However, the

Employer admits that paramedics are busier during their duty

shifts than fire suppression personnel, but the Employer

contends that paramedics are sufficiently compensated for

this difference.  The Employer does admit that it is had

difficulty recruiting paramedics, but points out that it has

recently hired eight new people and placed them in the

paramedic program with the hope that at least four of the

eight will complete training and become paramedics.

 

            Chief Gunsauls testified that he believes some middle

ground could be worked out with respect to the Union's

longevity benefit increase proposal provided that the

employee continues to perform paramedic work and is not

returned to firefighter status.  While Chief Gunsauls made

clear, as he had in connection with several other Union pro-

posals, that any middle ground had to be taken in the

context of an overall proposal, it is my view that although

a substantial increase was provided fire suppression people

by this Award, the Employer would be well served to provide

paramedics with an increased longevity premium in order to

encourage both recruitment of paramedics and paramedic

longevity.  As the Employer recognizes, paramedics have been

performing a large volume of work with significant stress.

 

            I have determined to provide an increase in the

paramedic longevity schedule equal to one fifth of that

proposed by the Union with respect to each longevity step

included in the Union's proposal.  The Union made no

specific request for a separate increase to the longevity

step "after 8 years.   I have left this step at $60, which

fits appropriately between the $41 figure for "after 5

years" and the $91 figure for "after 10 years.   While I

realize that the setting of this wage rate is somewhat

arbitrary, I do believe that the Union has presented suffi

cient evidence to require some increase in the paramedic

compensation.  A chart setting forth the new paramedic

longevity schedule is set forth below:

 

            AFTER           FROM            TO

            2 years            $16                  $18

            3 years            $26                  $29

            4 years            $32                  $37

            5 years            $32                  $41

            8 years            $60                  $60

            10 years          $82                  $91

            15 years          $82                $101

 

            The Union's retention of premium and longevity

proposals are rejected.

 

EDUCATION INCENTIVE

 

            This issue relates to the Union's request for a premium

of 1% of base pay for employees who are certified to perform

cardiac defibrillation.  The Union also proposes a premium

of 2% of base pay for employees holding intravenous airway

certification.  At the time of the hearing, The Employer had

not implemented either a cardiac defibrillation program or

an intravenous airway certification program, and, therefore,

it appears premature to consider these premiums at this

time.  The Union proposal is rejected.

 

PARENTAL LEAVE

 

            The current Agreement does not contain a parental leave

provision.  The City's policy regarding parental leave

permits six weeks disability leave in the postpartum period

plus three calendar months leave using accrued vacation

leave, compensatory time and then leave without pay for a

total of four and one-half months leave.  As I understand

the Employer's policy, any additional leave is discre-

tionary.  The four and one-half months of leave is also

available for paternity leave as well as maternity leave,

but the sick leave usage is limited to one week.

 

            The Union requests that female firefighters be allowed

the use of sick leave, vacation leave and compensatory time

followed by a ninety day unpaid leave of absence with the

right to an immediate return to work.  The Union also asks

that the parental leave provision provide that a female

firefighter be allowed up to two years of unpaid leave of

absence with the right to return to duty when there is a

vacancy.

 

            Although the Union initially made its proposal in terms

of female firefighters, it has expanded its proposal to

include male firefighters because of the Employer's position

which, as I understand it, is that the City is prohibited by

law from allowing parental leave for females only.  Clearly,

the impact on the department would be much greater if a

parental leave provision of the type suggested by the Union

were applied to male firefighters as well as female fire-

fighters.  I note that the evidence presented indicates that

the parties engaged in very little collective bargaining

regarding the subject of parental leave.  A review of the

comparators provided by the Employer reveals a myriad of

parental leave provisions.

 

            In my view, the concerns of the Union regarding the

ability of female firefighters to choose to have children

and resume their career as firefighters are significant.

Furthermore, the concerns of the Employer regarding schedul-

ing if the Union's provision were applied to male firefight-

ers is also a legitimate concern.  I also note the testimony

of personnel Director Kathryn Hanowell which revealed that

there are ambiguities related to the application of the

Employer parental leave policy.

 

            In view of all of the foregoing and the fact that the

Union has not contended that it has encountered any problems

to date regarding the pregnancy leave provision, I have

determined to order the following:

 

            1.         A rejection of the Union proposal; and

 

            2.         The establishment of a high level joint labor-

management committee to review parental leave policy and

devise recommendations for appropriate contract language for

inclusion in the agreement which will commence January 1,

1993.

 

RESCHEDULING OF HOLIDAYS

 

            Presently Article 24 of the Agreement provides that

holiday time off will be rescheduled if an employee becomes

sick or injured while off on holiday time and that holiday

time off will also be rescheduled for sickness and injuries

which occur before and extend into previously scheduled

holiday time off.  The Employer proposes to remove these

provisions from the Agreement and have the Agreement provide

instead that holiday time off shall not be rescheduled for

sickness or injury.  The Union objects to the Employer's

proposed change.

 

            In support of its provision, the Employer points to the

fact that no other employees working for Bellingham have the

opportunity to reschedule their holidays if they are sick or

injured on a holiday including police officers.  The

Employer also contends that a review of the comparators will

support its position.  However, my review of the Employer

Exhibit entitled, "Department Policies: Rescheduling of

Holidays for Illness  leads me to conclude that with respect

to the ten comparators I have selected, four comparators do

not have applicable holiday provisions, three have provi-

sions somewhat similar to the current provision in

Bellingham, and three do not provide for rescheduling of

holidays.

 

            Additionally, there was disputed testimony regarding

the cost to the Employer of rescheduling holidays, particu-

larly as to whether the Employer is required to pay overtime

as a result of holiday rescheduling.  In any event, it is

clear that some cost either in time off or money, or both

results from the holiday rescheduling provision.

 

            In the view of your Chairman, it simply does not make

sense to allow employees the opportunity to reschedule

holidays off due to illness or injury, particularly in view

of the fact that no other employees at the Employer have

such a privilege.

 

            Based on all of the foregoing, I see no basis upon

which to continue the holiday rescheduling provision, and,

therefore, the Employer's proposal shall be adopted.

 

PERSONNEL REDUCTION

 

            Presently Article 19 provides that in the event the

City decides to reduce fire department personnel, the

employee with the least seniority shall be laid off first or

reduced in rank first in accordance with civil service

procedures.  The Employer proposes to change Article 19 to

provide an exception, "that the City shall be allowed to

retain, out of seniority order,.sufficient numbers of

paramedics to meet the needs of its emergency medical

services program."

 

            The Employer also takes the position that prior to the

Washington Supreme Court's ruling in Rose v. Erickson, 106

Wn.2d 420 (1986) it in effect could lay off out of seniority

order to protect paramedics in accordance with Civil Service

Rules pursuant to the language of Article 19.

 

            The Employer admits that it has not found a situation

where it was required to layoff paramedics pursuant to

Article 19.  Furthermore, the Employer admits that a review

of the comparators does not support its position.  Should a

situation arise where layoffs become necessary, there is

nothing in the record to suggest that the Union would not

work collaboratively with the Employer to ensure the

continuing operation of the paramedic program.  In this

regard, the evidence indicated that the Union has cooperated

with the Employer during bad economic times, most recently

accepting a wage freeze in 1987 rather than facing layoffs.

 

            Based on all of the foregoing, I find that the Employer

has not established a sufficient basis upon which its

proposal should be adopted, and, therefore, it is rejected.

 

PARAMEDIC REASSIGNMENT

 

            Presently the Agreement does not contain any language

regarding paramedic reassignment.  The Employer proposes the

following language:

 

                        Except for emergency situations involving serious

medical condition or other circumstances deemed appro-

priate by the Chief, employees must give six months

notice of intent to request reassignment out of

paramedic duties.

 

            The Employer states that under present practice

paramedics have no contractual obligation to give advance

notice of reassignment requests.  However, neither party has

pointed to any provision in the Agreement which requires the

Employer to reassign paramedics to fire suppression upon

request.  Furthermore, the Employer has not submitted any

evidence indicating that the absence of the type of

provision it here proposes has caused it any problem in the

past.

 

            A review of provisions regarding paramedic request for

reassignment at the comparators is inconclusive as there are

a variety of provisions.

 

            Based on all of the foregoing, your Chairman finds that

the Employer has not established a sufficient basis upon

which its proposal should be granted, and, therefore, it is

rejected.

 

                        INTEREST ARBITRATION AWARD

 

            It is the award of your Chairman that:

 

            I.          Wages

 

            A.        Effective January 1, 1990, firefighters shall

receive an eight percent (8%) increase in monthly base

salary.  Such increase to be applied to Steps A through E

for firefighters and to Steps A through E for Captain,

Inspector, and Paramedic Supervisor.

 

            B.        Effective January 1, 1991, firefighters shall

receive a four percent (4%) increase in monthly base salary

to be applied in the manner as described in Subparagraph A,

above.

 

            C.        Effective January 1, 1992, firefighters shall

receive a four percent (4%) increase in monthly base salary

to be applied as described in Subparagraph A, above.

 

II.        Paramedic Premium/Longevity

 

            A.        Paramedic longevity increases shall be granted

as reflected at page 48 of the attached Opinion.

 

            B.        The Union's retention of premium and longevity

proposals are rejected.

 

III.       Parental Leave

 

            A.        The Union's proposal is rejected.

 

            B.        The parties shall establish a high level joint

labor-management committee to review parental leave policy

and devise recommendations for appropriate contract language

for inclusion in the Agreement to commence January 1, 1993.

 

IV.       Union Proposals Rejected

 

            The Union's proposals in connection with the

following four issues are rejected:

 

            a.         Ambulance Driver Premium;

 

            b.         Driver/Engineer Premium;

 

            c.         Education Incentive; and

 

            d.         Longevity.

 

            V.        Rescheduling of Holidays

 

            The Employer's proposal to remove from the Agreement

the provisions of the Article 24 relating to the reschedul-

ing of holidays when an employee is sick or injured during

holiday time off is accepted.

 

            VI.       Employer Proposals Rejected

 

            The Employer proposals in connection with the

following two issues are hereby rejected.

 

            a.         Personnel Reduction; and

 

            b.         Paramedic Reassignment.

 

Dated:  June 17, 1991

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.