INTEREST ARBITRATIONS

Decision Information

Decision Content

International Association of Fire Fighters, Local 2595

And

King County

Interest Arbitration

Arbitrator:      Michael H. Beck

Date Issued:   02/06/1987

 

 

Arbitrator:         Beck; Michael H.

Case #:              06299-I-86-00143

Employer:          King County

Union:                IAFF; Local 2595

Date Issued:     02/06/1987

 

 

IN THE MATTER OF

 

KING COUNTY

 

            AND

 

INTERNATIONAL ASSOCIATION OF

 

FIREFIGHTERS, LOCAL 2595

(PARAMEDICS)

 

Date Issued:   February 6, 1987

PERC No.       6299-I-86-143

           

 

INTEREST ARBITRATION

OPINION AND AWARD

OF

MICHAEL H. BECK

 

FOR

 

THE ARBITRATION PANEL

 

Michael H. Beck                                Neutral Chairman

                                           Randy Bellon                              Union Representative

                                          Albert G. Ross                             Employer Representative

 

Appearances:

 

KING COUNTY                                                                                                        Daniel S. Smolen

 

INTERNATIONAL ASSOCIATION OF

FIREFIGHTERS, LOCAL 2595 (PARAMEDICS)                                                            James H. Webster

 

IN THE MATTER OF

 

KING COUNTY

 

            AND

 

INTERNATIONAL ASSOCIATION OF

FIREFIGHTERS, LOCAL 2595

(PARAMEDICS)

 

INTEREST ARBITRATION OPINION

 

PROCEDURAL MATTERS

 

            RCW 41.56.450 provides for arbitration of disputes when

collective bargaining negotiations involving uniformed

personnel have resulted in impasse.  In 1985 a new section

was added to chapter 41.56 RCW which brought certain life

support technicians within the arbitration procedures called

for in RCW 41.56.450.  The parties agree that the 32

paramedics employed by King County are now subject to the

aforementioned arbitration procedures.

 

            The undersigned was selected by the parties to serve as

the Neutral Chairman of the tripartite arbitration panel.

The Arbitrator selected by the Employer, King County, is

Albert G. Ross, Personnel Manager.  The Arbitrator selected

by the Union, International Association of Firefighters,

Local 2595, is Randy Bellon, Paramedic.

 

            A hearing was held before the Arbitration panel on July

29 and July 30, 1986 and continued on September 26, 1986 in

Seattle, Washington.  The Employer was represented by Daniel

S. Smolen, Labor/Employee Relations Specialist.  The Union

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

Webster, Mrak & Blumberg.

 

            At the hearing the testimony of witnesses was taken

under oath and the parties presented documentary evidence.

A court reporter was present and a verbatim transcript was

prepared and provided to the Neutral Chairman (hereinafter

Chairman) for his use in reaching a decision in this matter.

 

            The parties agreed to file simultaneous posthearing

briefs.  Timely postmarked briefs were received by the

Chairman on December 16 and December 18, 1986.  At the

request of the Chairman, the parties agreed to waive the

statutory requirement that a decision issue within thirty

days.  On January 27, 1987, the Chairman met with the other

members of the Arbitration Panel.  A discussion of the

issues occurred which was very helpful to the Chairman.  In

accordance with the statutory mandate, I set forth herein my

findings of fact and determination of the issues.

 

ISSUES IN DISPUTE

 

            On March 27, 1986, the Executive Director of the public

Employment Relations Commission certified five issues to be

submitted to interest arbitration.  Those issues are:

 

WAGES

FURLOUGH (VACATION//HOLIDAY)

DURATION ON

HEALTH AND WELFARE PACKAGE

LONGEVITY

 

DISCUSSION

 

Comparables

 

            RCW 41.56.460 directs that the following criteria

should be taken into consideration as relevant factors in

reaching a decision:

 

 

            (c)        Comparison of the wages, hours and

conditions of employment of personnel

involved in the proceedings with the wages,

hours, and conditions of employment of like

personnel of like employers of similar size

on the west coast of the United States.

 

                              (d)        The average consumer prices for goods

                   and services, commonly known as the cost of

                   living.

                                                      ***                             

                              (f)        Such other factors, not confined to

                  the foregoing, which are normally or

                  traditionally taken into consideration in the

                  determination of wages, hours and conditions

                  of employment.

 

            The parties involved here are civilian paramedics

employed by a county.  They provide service to a population

base of approximately 384,000 people according to the

Employer (Exhibit No. 57) or 430,000 people according to the

Union (Exhibit No. 15).  Whichever population figure is

used, the evidence presented at the hearing by the Employer

indicated that there are no counties on the west coast of

the United States that employ paramedics to serve a popula-

tion of similar size.  This evidence was unrebutted.  The

Union contends that the cities of Seattle, Everett and

Bellevue, plus King County Fire Protection District No. 4

(Shoreline), and King County Public Hospital District No. 2

(Evergreen) should be considered comparable to King County

because they are the only jurisdictions to employ paramedics

specially trained at Harborview Medical Center.  Thus, nei-

ther party is contending that there are Comparables that

fully fleet the statutory criteria.  However, the Union is

contending that by limiting the comparables to jurisdictions

where the paramedics are Harborview trained, those parame-

dics will at least constitute "like personnel" within the

meaning of RCW 41.56.460(c) even if they cannot be said to

be employed by "like employers of similar size".

 

            Both parties agree, however, that pursuant to RCW

41.56.460 (f) the Chairman can consider the wages, hours and

conditions of employment which exist for similarly employed

individuals in the relevant labor market.  The Union urges

the Arbitrator to consider only the jurisdictions noted

above based on the common Harborview training.  The

Employer, in addition to those jurisdictions offered by the

Union, requests the Arbitrator include the city of Tacoma;

Pierce County Fire Districts 2, 3, 9; Sno-Com.

 

            It is the Employer's position that in order to properly

compare the wages, hours and conditions of employment among

these labor market jurisdictions, an adjustment must be made

for the fact that in most of the jurisdictions, the parame-

dics also function as firefighters.  This was referred to as

being "dual function" employees.  According to the Employer,

because the paramedics employed by King County do not have

dual function skills, their wages cannot be directly com-

pared to the wages of a dual function firefighter/paramedic

in other jurisdictions.  In order to account for the lack of

dual function skills, the Employer proposes using reduced

wage rates for the labor market jurisdictions employing dual

function employees.  According to the Employer, the appro-

priate reduction is that amount (generally about 10%) which

is paid as a wage premium to firefighters when they are

assigned to work as paramedics.

 

            I have carefully considered the Employer's position

regarding its dual function employee adjustment and find

that it would be inappropriate to make the adjustment urged

by the Employer.  First, here we are seeking to compare King

County paramedics wages, hours and conditions of employment

with those of other individuals employed as paramedics in

other relevant jurisdictions.  By eliminating from compari-

son the premium paid by these jurisdictions to firefighters

while working as paramedics, the Employer's proposal would

essentially result in a comparison of King County paramedics

wages to the wages received by firefighters, rather than

paramedics.  The job of a paramedic is a very different job

involving very different skills and training than that of a

firefighter.  Additionally, the Employer's proposal does not

address the fact that by paying firefighters a premium for

working as paramedics, the relevant jurisdictions are recog-

nizing that the job of paramedic should be compensated at a

higher level than that of firefighters.  In view of all of

the foregoing, I must find that to reduce the wages in the

comparable jurisdictions by the amount of the paramedic

premium as the Employer suggests, does not result in a

meaningful comparison.

 

            In submitting evidence regarding the labor market com-

parators it selected, the Employer provided wage rates

adjusted to reflect the dual function argument discussed and

rejected above.  The Employer did not provide the actual

paramedic wage rates for these proposed labor market compar-

ators.  According to the Employer, the paramedic premium was

generally about 10%.  I have compared the actual wage rates

supplied by the Union for Seattle, Bellevue, Everett, Shore-

line and Evergreen, with those rates set forth by the Em-

ployer.  Evergreen provides only paramedic services.  Of the

four remaining, only Seattle and Everett match the Union

provided paramedic salary figure when one adds 10% to the

Employer figure.  The figures for Bellevue and Shoreline

cone out above those provided by the Union.  The differences

are in the one to 1.4 percent range.

 

            Since it is not possible to determine from the evidence

in the record exactly how much the wages for Tacoma and

Pierce County Fire Districts 2, 3 and 9 were adjusted by the

Employer, I have decided not to include them in the labor

market comparators.  As has already been discussed an

adjustment of 10% would, at best, be an approximation.

Here, where a difference of even one percentage point could

mean thousands of dollars over the term of the collective

bargaining agreement, it would be inappropriate to engage in

such guesswork.

 

            Sno-Com and Evergreen are civilian paramedic providers

that do not employ firefighters.  Thus, no adjustment has

been made in their wage rates by the Employer.  Because

accurate wage rates can be determined for both jurisdic-

tions, they will be included as labor market comparators

along with Seattle, Everett, Bellevue and Shoreline.

Selecting these six jurisdictions to use as comparators will

insure that accurate wage rates are used.  Further, using

these comparators is also consistent with the consumer price

index employed by the parties in their negotiations to

evaluate the cost of living, namely the CPI-W calculated

based on the Seattle-Everett area.  Thus, the six jurisdic-

tions I have selected include all the paramedic service

providers suggested by either party located in Snohomish and

King Counties.  Further, Sno-Com is a public provider of

paramedic services which includes the area adjacent to

Shoreline to the south and Everett to the north.

 

            The evidence does not support the Union's contention

that only Harborview trained paramedics are appropriate

comparators.  In this regard, Dr. Michael Copass, founder

and presently Director of Training for the Harborview Medi-

cal Center Paramedic Program, testified that although Sno-

Com uses paramedics trained in a variety of different pro-

grams, that organization has "done a very good job of mold-

mg a variety of people into a common theme and their

paramedics are "all well trained".  (Tr. pages 24-25.)  Al-

though the Harborview program is clearly an excellent pro-

gram, the evidence presented was not sufficient to justify

excluding a jurisdiction which, although not employing only

Harborview trained paramedics, did ensure that all its para-

medics were well trained.  Further, Sno-Com is a "like

employer" to King County in the sense that it is also a

civilian provider of paramedic services.  The only other

civilian provider, Evergreen, is also included.  Finally

Sno-Con's relatively low net total hourly wage will offset

the disproportionately high net total hourly wage paid by

Everett, thereby providing a more balanced range of wages

and benefits among the comparators.

 

Health and Welfare

 

            Turning first to the issue of Health and Welfare, it is

my understanding that the Union is agreeable to language

which would permit the Employer, "to incorporate changes to

employee insurance benefits agreed on by the Joint Labor-

Management Insurance Committee to the extent that no benefit

is in any way diminished."  (Union Brief at page 43.)  The

Employer's proposal is to retain language requiring it "to

maintain the level of benefits currently provided by {its

group medical, dental and life insurance plans} for the

duration of this Agreement."  In addition, the Employer

seeks to incorporate changes in employee insurance benefits

agreed on by the Joint Labor-Management Insurance Committee.

 

            It does appear that by adding the language sought by

the employer regarding the Joint Labor-Management Insurance

Committee while retaining the maintenance of benefits provi-

sion, both parties will substantially achieve their objec-

tives.  Additionally, as I understand the Union's position,

it is currently satisfied with the revised mental health

coverage described in the October 3, 1986 letter from Em-

ployer Labor Relations Specialist Stephen Robinson to Union

Counsel Jim Webster, copied to the Chairman.  In view of all

of the foregoing, I find that Article X of the Agreement

should be modified to read as proposed by the Employer as

follows:

 

King County presently participates in group

medical, dental and life insurance programs.

The County agrees to maintain the level of

benefits currently provided by these plans

for the duration of this Agreement, provided

that the Union and County agree to incorpor-

ate changes to employee insurance benefits

which the County may implement as a result of

the agreement of the Joint Labor-Managment

Insurance Committee.

 

Duration

 

            The Union proposes a two year term for the Agreement

beginning January 1, 1986 and ending December 31, 1987.  The

Employer proposes a three year term to begin January 1, 1986

and end December 31, 1988.  In addition, the Employer would

retain the language in the present Agreement requiring that

written notice of a party's desire to modify the Agreement

be served on the other party no later than October 31 of the

year in which the Agreement expires.

 

            I have carefully considered the arguments of the par-

ties with regard to the duration of the Agreement.  I am

persuaded for the following reasons that the term of the

Agreement should be three years as set forth in the Employ-

er's proposal.  A two year term would cause the Agreement to

expire less than eleven months from the date of this Arbi-

tration Award.  Thus, with virtually no experience under the

new terms of the Agreement and only a few months after

Interest Arbitration, the parties would be required to begin

negotiations for a new collective bargaining agreement.  It

will better serve the negotiating process and thus the

interests of the parties to accord them a reasonable period

of time under the new Agreement before requiring them to

begin negotiations.  Setting the term at three years would

provide such a reasonable period.

 

            Additionally, a three year term would be consistent

with the new provisions of the Health and Welfare plan agreed

to by the Joint Labor-Management Insurance Committee.  Accord-

mg to the information on the plan which was provided to the

Arbitrator by copy of a letter dated August 25, 1986, from

personnel Manager, Al Ross to Union Counsel Jim Webster, the

plan provisions are effective through December 31, 1988, and

thereafter they are subject to negotiations.  Setting the

tern of the Agreement at three years would permit the par-

ties to negotiate wages and other benefits contemporaneously

with negotiations concerning health and welfare benefits.

 

            Based on the foregoing I find that the language of

Article XX:  Duration should read as proposed by the

Employer as follows:

 

This agreement shall become effective

January 1, 1986 and shall continue in effect

through and including December 31, 1988.

Written notice of desire to modify this

agreement shall be served by either party

upon the other at least sixty (60) days prior

to the date of expiration, namely October 31,

1988.

 

Wage Issues - Wages and Longevity

 

            The Union proposes to increase wage rates by 6% for

1986 and an additional 4% for 1987.  Because the Union

sought only a two year term, it did not make a proposal for

1988.  In addition, the Union proposes to add longevity pay

of 1% for each year of service after five years up to a

maximum of 10%.  The Employer proposes a 2% increase in wage

rates for 1986, and an increase of 90%  the September 1985

to September 1986 increase in the CPI-W, Seattle-Everett

area, for 1987 up to a maximum of 5%.  For 1988, the Employ-

er proposes an increase of 90% of the July 1986 to July 1987

increase in the CPI-W, Seattle-Everett area, up to a maximum

of 6%.  The Employer opposes any longevity pay.

 

            The parties are in general agreement regarding the

appropriate basis for comparing the wage rates of the com-

parators selected by the Chairman to the wage rates of King

County.  In all of their calculations, the parties have used

a hypothetical paramedic with six years of seniority, an

Associate of Arts degree, and who is married with two depen-

dents.  Each party calculated the net monthly hours worked

by subtracting annual holiday and vacation hours earned from

annual hours scheduled and then dividing by twelve.  The

next calculation required was to find the total monthly wage

by multiplying the current contractual hourly rate times the

number of scheduled monthly hours and then adding to that

figure the monthly cost of benefits for the hypothetical

paramedic.  Next, the net total hourly wage was computed by

dividing the total monthly wage by the net monthly hours

worked.  Thus, each party produced a figure I have called

the net hourly wage rate, which reflects the value per hour

worked of all wages and benefits for each of its comparators.

 

            There are some differences in the parties calculations.

The Union included in its calculation of the cost of bene-

fits, the contribution paid by the State of Washington to

the retirement system for uniformed personnel.  According to

the parties, at the hearing, this was the only difference of

any consequence between the Union and Employer benefit

figures.  However, my analysis of the Union's retirement

benefits figures reveals that subtracting the additional

2.97% of salary which the Union included as the state's

contribution does not result in the figures reported by the

Employer.  At the meeting with the other members of the

Arbitration panel,  indicated that due to these disparities

I had decided to use the Employer's benefit figures.  How-

ever, I have subsequently determined that the disparity

between the Union and Employer retirement figures results

from the Employer's calculating the retirement on the fire-

fighter wage absent the paramedic premium.

 

            In view of the foregoing, I have decided to use the

Union's benefits figures less the 2.97% retirement contribute-

tions made by the state.  Although these contributions do

represent a benefit to the worker, they are not payments

made by the comparator jurisdictions.  If I were to include

these payments, I would, in effect, be requiring a civilian

employer of paramedics to provide monies not provided by or

required of fire department employers of paramedics.  This

would be particularly unfair in the circumstances here where

the retirement system in question is not even open to civil-

ian paramedics.  There are a few other small unexplainable

differences in benefit amounts provided by the Employer and

the union.  However they do not involve amounts of signifi-

cance.  Therefore, for the sake of consistency, I have

resolved these differences by using the Union's figures.

The Employer's figures were used for Sno-Com.

 

                        The following chart sets forth the results of my

analysis of the comparative wages and benefits for King

County and the selected comparators.

 

NET WAGE RATE ANALYSIS

 

Jurisdiction     Net Monthly Hrs.      Wages             Benefits            Total      Net Hrly Wage

 

Everett                        168.00 3089.00                       571.74 3660.74           21.7901

Shoreline                    190.66 2909.00                       491.60 3400.60           17.8359

Evergreen                   196.00 2864.16                       606.50 3470.66           17.7074

Seattle                                    179.50 2761.00                       415.97 3176.97           17.6990

Bellevue                     196.75 2740.00                       652.70 3392.70           17.2437

KING CO..                 186.00 2641.26                       541.72 3182.98           17.1128

Sno-Com                     196.00 2379.99                       517.19 2897.18           14.7815

 

Total Average Hourly Net Wage of Comparators (Excluding King Co.)               17.8429

King County Rank:  6th of 7

Percent Difference Between King Co. and Average Hourly Net Wage                                4.27%

 

            This chart illustrates the position of King County with

respect to the wages and benefits paid by the comparators in

total net hourly wage.  Although the Employer serves the

second largest population base, its total compensation is

4.27% behind the average paid by the comparators and it is

sixth of seven based on 1986 compensation.

 

            The Employer takes the position that no increase beyond

what it offers is warranted because a comparison of the

Consumer Price Index increases with the wage increases pro-

vided by King County indicates that from 1979 to 1985 wages

increased 87.3% while the CPI-W increased approximately

37.8% or 39.8%, depending on what months are used in the

calculations.  (Employer brief, page 6.)

 

            The Employer's calculations of the wage increase for

paramedics is based on the top step average wage paid in

1979 by the individual paramedic service providers prior to

King County assuming responsibility for the service and

prior to existence of a collective bargaining agreement

between the parties.  This wage was then compared to the top

step wage paid in 1985 pursuant to the 1984-1985 Agreement

between the parties.  It is simply not appropriate to com-

pare current wage rates with the wages paid by other employ-

ers prior to a collective bargaining relationship between

the parties here.  A more appropriate comparison is that

between the initial top step wage of $8.87 per hr. agreed

upon by the Employer effective July 1, 1979 in the first

collective bargaining agreement and the top step wage of

$12.6984 effective January 1, 1985 under the last collective

bargaining agreement, the 1984-1985 Agreement.  The wage

increase between July 1, 1979 and December 31, 1985 was a

total of $3.8284 which is a 43.16% increase.  The CPI-W

increased during the same period of time from 215.9 to 313.5

for a total of 97.6 points.  This represents an increase of

45.21%.  Thus, the wage increases negotiated under the par-

ties I collective bargaining agreements stood at slightly

less than the increases in the cost of living as of January

1986, imnediately following the expiration of the last col-

lective bargaining agreement.

 

            Based on the foregoing discussion, I have concluded

that the King County paramedics should be brought up to the

average of the comparators.  The average is based on 1986

figures.  The Seattle agreement expired August 31, 1986.

The Shoreline agreement has wage re-opener clauses for 1987

and 1988.  The agreements for the other comparators were not

placed in evidence.  The foregoing indicates that at least

several of the comparators may negotiate increases for 1987.

The King County paramedics have been receiving 1985 wage

rates all through 1986.  In view of the foregoing, I deem it

appropriate to give them a 4.27% increase  For the

1987 term of the Agreement, wages shall be increased by the

actual cost of living increase from September 1985 to

September 1986.  During this period the CPI-W, Seattle-

Everett area, increased from 308.9 to 312.3 for a total

increase of 3.4 points or 1.1%.  The result is a wage in-

crease of 5.37% over two years.

 

            Assuming that the Employer's contribution to retirement

and social security will continue in the same proportion as

is represented by the figures on Union Exhibit No. 28(G), a

wage increase of 4.27% in 1986 and an additional wage in-

crease of 1.1% in 1987, with a corresponding increase in

retirement benefits, should result in a net hourly wage rate

of $17.9980.  In making this calculation I have increased the

wage rate by 4.27% for 1986 and taken 7.15% of that in-

creased figure for social security and 7.92% of that in-

creased figure for retirement.  In calculating the increase

for 1987, I used the 1986 wage rate (increased by 4.27%) and

increased it by 1.1%.  I have then taken 7.15% of that

increased figure for social security and 7.92% for retire-

ment.  I have not increased any other benefit figure for

either 1986 or 1987.

 

            The foregoing raise will place King County in second

place in total compensation in 1987 in comparison to the

1986 net wage rate of the comparators.  However, as indi-

cated above, the wage rates of at least some of the compara-

tors are open for negotiation in 1987 and thus subject to

increase.  Whether such increases will occur and their

amount, if any, cannot be predicted.  However, my calcula-

tions indicate that only a 2% increase (an amount the Em-

ployer here was willing to give in 1986) in the comparators

wages in 1987 would result in King County dropping back to

fifth place even with the present increase.  The foregoing

demonstrates that the increase I have provided is necessary

to make King County paramedic wages comparable to those of

the comparators selected and to retain a level of compara-

bility throughout the term of this Agreement.  On the other

hand, no additional increase for 1986 and 1987 appears

appropriate.  Thus, although a 2% increase in the compara-

tors for 1987 would place King County in fifth place among

the comparators, King County would be considerably closer to

the second ranked jurisdiction, Shoreline, than it is now.  My

calculations indicate that King County would only be about

$.16 per hour behind Shoreline, while presently it is about

$.72 behind Shoreline.  Furthermore, King County would be

less than one percent behind the average of the comparators

instead of its present 4.27% behind the average of the

comparators.  Thus, for 1988, it would appear that an

increase based on the CPI would be sufficient to keep King

County's paramedics within an appropriate range of the com-

parables.  Therefore, I shall order that 1988 wages be in-

creased over 1987 wages by the percentage increase in the

CPI-W for the Seattle-Everett area from September 1986 to

September 1987.

 

            The Union contends that longevity pay is appropriate

for several reasons.  First, the Union argues that longevity

pay is necessary to compensate for the lack of opportunities

for career advancement available to civilian paramedics as

opposed to paramedics who work within fire departments.  A

firefighter/paramedic has opportunities to advance within

the fire department.  Secondly, the Union argues that its

evidence suggests that the Employer is overly optimistic in

its view that it can sustain its low turnover rate without

longevity pay.

 

            In response to these contentions, I note that in calcu-

lating the net hourly wage rates of the comparators, longe-

vity pay was included.  Thus, to the extent that the payment

of a longevity rate has increased the average wage of the

comparators, the wage increase granted here includes a fac-

tor which effectively compensates for the lack of longevity

pay.  To add a separate longevity premium would provide

duplicate compensation.  Further, while the evidence estab

lished that at least one other comparator has experienced

some problems with employee retention and there is some

evidence such problems night similarly affect the Employer

at some time, clearly no such problem presently exists.

Finally, only two of the six comparators provide longevity

pay similar to that proposed by the Union and only three of

the six provide any longevity pay.  In view of all of the

foregoing, no longevity pay is appropriate at this time.

 

Furlough

 

            The Union's position is that there should be no changes

in the furlough provisions contained in the 1984-1985 Agree-

ment.  Further, the Union has objected to the Arbitrator

considering on the merits the Employer's proposal on fur-

lough.  However, if the Employer's proposal is addressed on

the merits, the Union set forth, at the hearing, an alter-

native proposal to reduce the maximum number of furloughs

granted per shift from three to two during the period be-

tween Memorial Day and Labor Day.

 

            The Employer's proposal on furlough is set forth in

Exhibit No. 70.  It would make major changes in the way

furlough is scheduled and granted to employees.  Essential-

ly, the Employer proposes establishing fixed trimesters.

Employees would then be assigned by lot to one of the tri-

mesters.  Each employee would be required to take all of his

or her furlough during the assigned trimester.  Each year

thereafter the employee would rotate to the next trimester.

Theoretically this would allow each employee to take fur-

lough in the popular summer months once every three years.

Under the Employer's plan, furlough use would be evenly

distributed throughout the year rather than having a peak

furlough period in the summer months.  The purpose of the

Employer's proposal is to reduce the overtime costs asso-

ciated with having peak furlough use in the summer.

 

            The Union contends that the Arbitrator should not

consider the Employer's proposal because it represents an

impermissible regression of the Employer's position from the

close of mediation.  The Union relies on WAC 391-55-220

(Exhibit No. 75) which provides:

 

WAC 391-55-220  UNIFORMED PERSONNEL -- SUB-

MISSION OF PROPOSALS FOR ARBITRATION.

At least seven days before the date of the

hearing, each party shall submit to the

members of the panel and to the other party

written proposals on all of the issues it

intends to submit to arbitration.  Parties

shall not be entitled to submit issues

which were not among the issues before the

mediator under WAC 391-55-070 and before the

executive director under WAC 391-50-200.

(Emphasis Added)

 

            The Employer contends that whether or not its proposal

is a regression from the issue before the mediator and

executive director, the Union has waived its right to object

pursuant to WAC 391-55-215 (Exhibit No. 75) which provides

as follows:

 

WAC 391-55-215  UNIFORMED PERSONNEL--CONDUCT

OF INTEREST ARBITRATION PROCEEDINGS.

Proceedings shall be conducted as provided in

WAC 391-55-200 through 391-55-260.  The

neutral chairman shall interpret and apply

these rules insofar as they relate to the

powers and duties of the neutral chairman.

Any party who proceeds with arbitration after

knowledge that any provision or requirement

of these rules has not been complied with and

who fails to state its objection thereto in

writing, shall be deemed to have waived its

right to object.  (Emphasis added.)

 

            The Union contends that its failure to object to the

Employer's proposal prior to the arbitration hearing only

waives its right to object to the Employer's proposal before

the Commission.  According to the Union, the Arbitrator may

still consider whether the Employer's proposal is an impro-

per expansion of the issues that were before the mediator.

 

            The evidence is clear that the issues certified for

arbitration included, "Furlough (vacation/Holiday)."  The

Employer's proposal directly addresses the issue of fur-

lough.  Thus, on its face, the Employer's proposal would not

appear to be contrary to WAC 391-55-220.  The Union main-

tains, however, that the word "issue" in the WAC refers to

more than the general issue, such as, furlough, rather it

refers to each parties' final position on each issue at the

time of certification of impasse by the Executive Director.

According to the Union, the Executive Director does not

permit parties to regress from a position taken in media-

tion.

 

            The Union has not cited any document indicating that

the policy of the Executive Director is as the Union con-

tends.  However, if it is, in fact, the policy of the Execu-

tive Director to prohibit parties from expanding the scope

of the issues as discussed in mediation and certified as

impasse issues, violation of such policy is more properly

addressed to the Executive Director or the Commission.

Thus, I cannot find that I am precluded by the WAC provision

cited by the Union from considering the Employer's proposal

on furlough.

 

            There are currently 32 paramedics in the bargaining

unit.  One has been detailed by the Employer to an adminis-

trative position.  Pursuant to the terms of the 1984-1985

Agreement, each paramedic is required to work four extra

shifts in addition to their regularly scheduled shifts dur-

mg each 18 week rotation.  This results in 124 extra shifts

available to be scheduled each 18 week period.  Out of those

124 shifts, 32 are used to cover open shifts which result

because of the paramedic detailed to administrative duties.

This leaves 92 shifts available to cover for furlough in

each 18 week period.

 

            During the period from July 11, 1986 to November 13,

1986, there were 171 furlough shifts which were requested

and the Employer was required to grant.  Under the terms of

the agreement, as interpreted by the parties, the Employer

is required to grant three furlough requests per shift if

requested.  In addition, due to the complexities of the

scheduling process, the Employer was also unable to effec-

tively utilize four of the available extra shifts.  The

result, as can be seen from Exhibit No. 71, is that 83

furlough shifts had to be covered by scheduling overtime.

The total cost to the Employer was $45,150.

 

            I have carefully reviewed the proposals of both parties

with regard to furlough.  For the reasons set forth below I

have decided to adopt the Union's proposal to reduce from

three to two the number of furlough shifts the Employer is

required to grant during the peak period from Memorial Day

to Labor Day.

 

            At the hearing, the Union introduced substantial evi-

dence of the high level of stress which can be produced by

the paramedic job.  The paramedics who testified made clear

that one way each handles this stress is to take time off

from the job when needed.  The flexibility to schedule time

off was very important to these paramedics.  The Employer's

proposal would substantially restrict the ability of employ-

ees to schedule time off.  In fact, employees would be

unable to schedule any furlough days for two-thirds of each

year and would be required to take all of their furlough in

the remaining one-third.  The employees choice is even

further restricted by the following language of the Em-

ployer's proposal at Section 3.D, "To meet operational needs

and avoid overtime, individual furlough dates may be

assigned at the sole discretion of management."

 

            The Employer contends that its proposal would benefit

employees by insuring that they had the opportunity to take

furlough in the popular summer months at least once every

three years.  I have carefully examined the Employer's pro-

posed furlough schedule as set forth in Exhibit No. 70.  It

does appear possible, pursuant to this schedule, for an

employee to be required to take furlough in Year No. 1,

Trimester No. 1 in March or April; Year No. 2, Trimester No.

2 in November or December; Year No. 3, Trimester No. 3 in

January or February; and Year No. 4, Trimester No. 1 in

April or May.  Thus, it is entirely possible for an employee

not to receive a furlough during the summer months.  This

possibility does not appear unlikely when one examines the

specifics of the Employer's proposal carefully.  In this

regard, I note that employees are assigned to a particular

trimester by lot without regard for seniority.  Then, as I

understand it, the employees would rotate as a group from

one trimester to the next annually.  Furlough schedules

within each trimester would be done on the basis of senior-

ity.  Thus, the employees in each trimester grouping with

the lowest seniority would always have lowest priority for

furlough in every trimester period.  Thus, the possibility

that an employee might never get to take vacation in the

summer is made more likely by the Employer's system.

 

            Additionally the Employer's proposal could result in a

situation were an employee with only moderate seniority

could be assigned to a trimester group where he or she

ranked relatively high in priority for vacation due to

generally lower seniority levels in the trimester grouping

as a whole.  Similarly an employee with relatively high

seniority could be assigned to a trimester group with other

employees having even greater seniority and thus the employ-

ee would have low priority for furlough within his or her

trimester group.  The result is that a mid-level seniority

employee could have consistently superior choices for vaca-

tion than an employee with higher seniority in another

trimester grouping.  This is simply an inequitable result.

 

            The Employer maintains, however, that this system is

similar to ones used by Seattle, Bellevue and Shoreline.

However, the Bellevue and Seattle vacation provisions were

not put in evidence.  I have carefully reviewed the copy of

the current Agreement in effect at Shoreline which was

introduced at the hearing.  It simply provides that schedul-

mg of vacations "shall be based upon the needs of the work

force and will be done in an equitable manner for the em-

ployees concerned."  (See Exhibit No. 53, Article XVI.)  No

similar system to that proposed by the Employer appears to

be established in the Shoreline Agreement.

 

            The Union's proposal addresses the legitimate concern

of the Employer to reduce overtime costs without the major

impact on the ability of the employees to schedule and use

furlough contained in the Employer's proposal.  Exhibit No.

36 indicates that reducing the number of furloughs the

Employer is required to grant from three to two during the

18 week period from July 11 through November 12, 1986, would

save 31 shifts of overtime.  Using the Employer's estimate

of $526 per shift overtime cost, that comes to a savings of

$16,306.  That amount represent a 36% reduction in overtime

costs to the Employer.  Although the Union proposal does not

include the same period of time as is outlined on Exhibit

No. 36, an examination of Exhibit No. 69 indicates that the

peak period for furlough shifts is between Memorial Day and

Labor Day.  Thus, it appears that a 31 shift savings is

representative of the number of overtime shifts likely to be

saved by the Union's proposal.

 

            In view of all of the foregoing, I shall order that

Article IV.5.b of the 1984-85 Agreement be amended to read

as set forth below:

 

                                    Section 5. Furlough requests shall be

                        approved on the following basis:

 

                                                            ***

            b.         There shall be a maximum limit of

three (3) furlough shifts granted for the

same work shift, provided, however, that

during the period from Memorial Day to Labor

Day, there shall be a maximum limit of two

(2) furlough shifts granted for the same work

shift. Individual requests shall be granted

on a first choice basis provided the requests

do not exceed the limits set forth herein.

 

                                                AWARD OF THE CHAIRMAN

 

            I.          It is the Award of your Chairman that the parties'

                        1986-1988       Collective Bargaining Agreement shall contain

                        the following language:

 

                        A.        Article X, Medical, Dental and Life Insurance

                                    Programs, shall read as set forth on page 10 of the

                                    attached Opinion.

 

                        B.        Article XX, Duration, shall read as set forth on

                                    page 12 of the attached Opinion.

 

                        C.        Article IV, Furlough Day, shall read at Section 5.b

                                    as set forth on page 29 of the attached Opinion.

 

            II.        It is further the Award of your Chairman that:

 

                        A.        The 1986-1988 Collective Bargaining Agreement shall

                                    not contain a longevity pay provision.

 

                        B.        Article VII, Wage Rates, of the 1984-1985 Agreement

                                    shall be amended so as to provide each paramedic

                                    with a 4.27% wage rate increase, effective January

                                    1, 1986, and an additional increase of 1.1% above

                                    1986 wage rates effective January 1, 1987.  Article

                                    VII shall be further amended to provide, effective

                                    January 1, 1988, for an additional increase in wage

                                    rates above 1987 wage rates which shall be equal to

                                    the percentage increase in the CPI-W, Seattle-

                                    Everett area, from September 1986 to September

                                    1987.

 

Dated: February 6, 1987

 

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.