INTEREST ARBITRATIONS

Decision Information

Decision Content

Public, Professional & Office-Clerical Employees and Drivers, Local Union No. 763

And

Snohomish County

Interest Arbitration

Arbitrator:      Alan R. Krebs

Date Issued:   01/26/1987

 

 

Arbitrator:         Krebs; Alan R.

Case #:              06360-I-86-00146

Employer:          Snohomish County

Union:                Teamsters; Local 763

Date Issued:     01/26/1987

 

 

 

IN THE MATTER OF

SNOHOMISH COUNTY

 

PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES

AND DRIVERS, LOCAL UNION NO. 763

 

PERC No.: 6360-I-86-146

Date Issued: January 26, 1987

 

INTEREST ARBITRATION

OPINION AND AWARD

OF

ALAN R. KREBS

 

Appearances:

SNOHOMISH COUNTY

J. David Andrews and

Nancy Williams

 

PUBLIC, PROFESSIONAL & OFFICE-CLERICAL

EMPLOYEES AND DRIVERS, LOCAL UNION

NO. 763

Heal L. Wacker

 

IN THE MATTER OF

SNOHOMISH COUNTY

AND

PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES

AND DRIVERS, LOCAL UNION NO.763

 

OPINION OF THE ARBITRATOR

 

PROCEDURAL MATTERS

      The Arbitrator was selected by the parties in accordance

with RCW 41.56.450 and Article XVI, Section 16.2.1 of their

1985-87 collective Bargaining Agreement. The first day of

hearing was held in Marysville, Washington, on October 7,

1986. The second day of hearing was held in Everett,

Washington, on November 14, 1986. Snohomish county was

represented by J. David Andrews and Nancy Williams of the law

firm, Perkins Coie. Public, Professional & Office-Clerical

Employees and Drivers, Local Union No. 763 was represented by

Herman L. Wacker of the law firm, Davies, Roberts, Reid &

Wacker.

      At the hearing, the testimony of witnesses was taken under

oath and the parties presented documentary evidence. A

reporter was present during the proceedings, and a transcript

was prepared and made available to the Arbitrator for his use

in reaching a decision.

      The parties agreed upon the submission of simultaneous

post hearing briefs. The briefs were received by the

Arbitrator on December 26, 1986.

 

BACKGROUND

      The County and the Union are parties to a collective

bargaining agreement which expires on December 31, 1987. The

bargaining unit is comprised of 120 law enforcement officers

of the county Sheriff's Department including 98 deputies, 17

sergeants, and 5 lieutenants. The median length of service is

about 7 years for deputies, and considerably longer for

sergeants and lieutenants. Article XVI, Section 16.2 of the

labor agreement permits either party to reopen the agreement

as of January 1, 1986 in order to negotiate amendments

relating to wages, educational incentive pay, longevity pay,

and health and welfare. Article XVI, Section 16.2.1 provides

that in the event that the parties are unable to reach

agreement on these issues, the dispute shall be submitted for

interest arbitration in accordance with RCW 41.56.

 

ISSUES

      The parties were unable to reach an agreement on the

reopened issues despite their efforts in negotiations and the

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

Executive Director of the Public Employment Relations

Commission certified that the parties were at impasse with

regard to wages, educational incentive pay, longevity pay, and

health and welfare. Since that certification, the efforts of

the parties in collective bargaining negotiations have

resulted in an agreement with regard to health and welfare.

The parties agree that the issues remaining unresolved relate

to wages, educational incentive pay, and longevity pay.

 

APPLICABLE STATUTORY PRINCIPLES

      Where certain cities and counties and their uniformed

personnel are unable to reach agreement on new contract terms

through negotiations and mediation, RCW 41.56.450 calls for

the interest arbitration of their disputes. RCW 41.56.030

defines "uniformed personnel" for whom interest arbitration is

available as encompassing law enforcement officers of cities

with a population of at least 15,000, or of counties of the

second class or larger. The parties agree that Snohomish

County, with a population of 366,700, meets the statutory

standard for interest arbitration.

      RCW 41.56.460 sets forth certain "basis for determination"

which must be considered by this Arbitrator. It provides:

 

 41.56.460 Uniformed personnel-

Arbitration panel-Basis for

determination. In making its

determination, the panel shall be mindful

of the legislative purpose enumerated in

RCW 41.56.430 and as additional standards

or guidelines to aid it in reaching a

decision, it shall take into consideration

the following factors:

      (a) The constitutional and statutory

authority of the employer.

      (b) Stipulations of the parties.

      (c) Comparison of the wages, hours and

conditions of employment of personnel

involved in the proceedings with the wages,

hours, and conditions of like personnel of

like employers of similar size on the west

coast of the United States.

      (d) The average consumer prices for

goods and services, commonly known as the

cost of living.

      (e) Changes in any of the foregoing

circumstances during the pendency of the

proceedings; and

      (f) Such other factors, not confined

to the foregoing, which are normally or

traditionally taken into consideration in

the determination of wages, hours and

conditions of employment.

 

RCW 41.56.430, which is referred to in the above-quoted

language, provides as follows:

 

41.56.30 Uniformed personnel-

Legislative declaration. The intent and

purpose of this 1973 amendatory act is to

recognize that there exists a public policy

in the state of Washington against strikes

by uniformed personnel as a means of

settling their labor disputes; that the

uninterrupted and dedicated service of

these classes of employees is vital to the

welfare and public safety of the state of

Washington; that to promote such dedicated

and uninterrupted public service there

should exist an effective and adequate

alternative means of settling disputes.

 

Comparables

      One of the primary standards or guidelines enumerated in

RCW 41.56.460 upon which the Arbitrator must rely in making

his determination is:

 

***

      (c) Comparison of the wages, hours

and conditions of employment of personnel

involved in the proceedings with the wages,

hours, and conditions of like personnel of

like employers of similar size on the west

coast of the United States.

***

 

In order to make such a comparison, one must first determine

which like employers on the west coast should be selected as

similar in size to Snohomish County for the purposes of this

proceeding.

      The parties were unable to agree upon a list of like

employers. The County proposes that the Arbitrator consider

the following three counties as appropriate for comparison:

Spokane County, Washington; Klackamas County, Oregon; and

Stanislaus County, California. These counties were selected

from among all the counties in the three west coast states,

Washington, Oregon, and California, based on an examination of

each county's total population, population in nonincorporated

areas, total square miles, nonincorporated square miles, and

miles of county-maintained roads. A county was considered

similar to Snohomish County for any of these criterion which

was within 25 percent of that for Snohomish County. If a

county came within the similar range on nonincorporated

population and on at least two of the other size criteria, it

became one of the County's comparators.

      The Union suggests that the Arbitrator should consider

three types of employers as comparable jurisdictions. It

urges that all ten of the Washington counties that are subject

to statutory interest arbitration be considered. It also

asserts that all 17 counties in Washington, Oregon, and

California which have a population between 200,000 and 525,000

are comparable. As additional comparable employers, the

Union points to all 23 cities in Washington which are subject

to statutory interest arbitration and which are situated

within counties which are subject to interest arbitration.

      Whatever the merits of the County's methodology, the

sample that it came up with is just too small. With only

three comparators, any one of them will have an enormous

influence on the conclusions reached. One or two of them may

have unusual contract terms reflecting unique circumstances or

an atypical labor relations relationship. A larger sample is

necessary in order to reflect a meaningful norm of like-sized

jurisdictions. No larger sample can be gleaned from the

information supplied by the County.

      The Union's position has the opposite flaw. It is too

broad. First, its suggestion to use all counties subject to

interest arbitration would result in using comparators that

are not of similar size. That would not comply with the

requirement of RCW 41.56.460(c) that "similar size" employers

be compared. Counties such as Cowlitz, with a population of

79,000, and King, with a population of 1,326,600, cannot be

considered to be of similar size to Snohomish County, with its

population of 366,700.

      The same reasoning can be applied to the Union's reliance

on Washington cities with a population of over 15,000. Such

cities are not of like size to Snohomish County. The only

Washington city with a population between 200,000 and 525,000

is Seattle, which has a population of 490,900. Seattle and

Snohomish County can hardly be said to be comparable, since

Seattle employs 1,004 fully-commissioned law enforcement

officers, whereas Snohomish County employs 127. Moreover, the

statute calls for a comparison of "like employers." While

there are many similarities in the nature of law enforcement

supplied by counties and cities, counties and cities are

distinguishable entities. They generally serve different

purposes and have different taxing authorities. An adequate

sample can be obtained by using counties alone, and counties,

after all, are more like counties than they are like

cities.1

__________________

 1    The County cited several interest arbitration

decisions in which the arbitrator declined to find that cities

and counties are like employers, including City of Walla Walla

and Walla Walla police Guild (Thomas F. Levak, 1986) , and

Whatcom County and General Teamsters Local Union No. 231

(Carlton J. Snow, 1986).

 

      The Union argues that the compensation paid by Washington

cities have added significance because that compensation has

been influenced by the statutory interest arbitration

procedure, whereas, interest arbitration is new for most

counties. Thus, the Union argues, the compensation paid by

cities reflects the product of impartial dispute resolution,

while compensation paid by counties reflects a former

bargaining process which favored the employer. The statute

does not indicate that any special weight should be given to

those employers who are subject to interest arbitration. The

nature of their labor relations does not determine whether two

employers are alike for the purpose of the statute. Rather,

the statute focuses the selection of comparators on "like

employers of similar size on the west coast."

      Your Arbitrator has selected seven counties to serve as

comparators. They are as follows:

_____________________________________________________

Washington State           Population

Clark County                  201,700

Pierce County                 514,600

Spokane County             349,400

 

Oregon

Marion County               210,000

Washington County        260,000

 

California

San Joaquin County       390,600

Stanislaus County           292,350

_____________________________________________________

      The three Washington State counties reflect all of the

counties in Washington, besides Snohomish County, which have a

population between 200,000 and 525,000. Oregon and California

have more counties falling within this population band than

does Washington. Only two counties were selected from each of

those west coast states, so that the experience of California

counties would not dominate.

      Oregon has four counties with a population of between

200,000 and 525,000. Those four counties each have a

population of between 210,000 and 268,500. Marion County and

Washington County were selected because their ratio of

reported part one criminal offenses to law enforcement

officers is very similar to that of Snohomish County. D.P.

Van Blaricom, former police chief of the Bellevue Police

Department, testified that such a ratio reflects the way that

he would measure work load. Since the populations of the four

Oregon Counties are fairly close, using the work load is the

most rational basis in the record to select the two most

comparable Oregon counties.

      According to the Union, California has ten counties with a

population of between 200,000 and 525,000. That number was

reduced to seven by considering only those counties which had

a population within 25 percent of the population of Snohomish

County. That eliminated Tulare, Mann, and Santa Cruz

Counties from consideration. Of the remaining seven counties,

San Joaquin and Stanislaus were significantly closest to

Snohomish County in the work load of their officers according

to the crime statistics. The following chart reflects all the

counties in Oregon and California with a population of between

200,000 and 525,000, as well as their rate of crimes per

officer:2

_____________________________________________________

 

                                                                  Crime Rate

                                    Population             Per Officer

 Oregon Counties

 Lane                           268,500                 33.9

 Washington*             260,200                 50.0

 Clackamas                 246,300                 82.7

 Marion*                     210,000                 56.6

 

 California Counties

 Kern                           400,506                 27.9

 San Joaquin*             390,600                 44.5

 Santa Barbara           320,362                 26.7

  Monterey                 316,179                 24.6

 Sonoma                      305,000                 37.2

 Stanislaus*                292,350                 53.3

 Solano                        282,350                 71.1

 Tulare                        249,000                 25.5

 Mann                         223,000                 30.1

 Santa Cruz                 200,300                 46.0

 

 Snohomish County    366,700                 52.6

_____

*reflects the counties selected

_____________________________________________________

2     This chart is derived from Union exhibits 25 and

26. The Union indicated that the crime statistics come from

the 1985-86 Personnel and Budget Study of Oregon Law

Enforcement Agency published by the Board on Police

Standards And Training, the 1985 Oregon Report of Criminal

Offenses and Arrests published by the Board on Police

Systems, and the 1984 California Criminal Justice Profile

published by the California Department of Justice. Union

Business Representative Richard Basarab testified that these

data sources indicated that uniform FBI reporting procedures

were used. Mr. Basarab further testified that the crime

figures used were those for part 1 crimes, such as homicide,

rape, aggravated assault, etc.

 

      The Union argues that in order to make a meaningful

comparison between the compensation of County personnel and

the compensation of personnel in other jurisdictions, each

element of compensation must be valued and the total in each

jurisdiction reduced to a single statistic. The Union

asserts that it is meaningless to compare only wages and to

ignore other nonwage compensation, such as health and

welfare benefits, longevity pay, educational incentive pay,

medical, dental, vision and life insurance contributions,

social security and/or benefit trust contributions,

retirement contributions, holiday and vacation pay, and

uniform allowances. Under the Union's model, the various

elements of compensation are each translated into a dollars

and cents cost per hour to the employer. All such itemized

costs are then totaled to determine the total hourly cost to

the employer for compensation for the law enforcement

officers.

      The County argues that the compilation and presentation

of compensation data in the manner proposed by the Union

improperly expands and distorts the focus of the issues

before the Arbitrator. The County points out that the

Arbitrator's jurisdiction is limited to wages, educational

incentive pay and longevity pay. The County asserts that it

would be an improper expansion of the scope of the

arbitration if the Arbitrator were to consider other items,

and, indirectly, make adjustments to those through an award

on the limited items properly before him. The County argues

that the Union's analysis ignores the possibility that in

collective bargaining, monetary components often are

subordinated to nonmonetary issues. Further, the County

argues, the Union's focus on monetary cost to the employer

ignores the actual benefits received by the employees. The

County points out that the same costs can supply differing

levels of insurance or retirement benefits. The County argues

that it would be inappropriate to reduce all compensation to

an hourly rate because the parties have historically

negotiated for benefits on a monthly basis. Finally, the

County argues that the Union's compilation of information is

untrustworthy because it relied heavily on telephone

conversations with representatives of the other jurisdictions,

particularly with regard to such issues as retirement plan and

insurance contributions, which information may not be

reflected in the collective bargaining agreements.

      Generally, I am in agreement with the Union that in

establishing wage comparability between differing

jurisdictions, it is most appropriate to look at the entire

compensation situation. It is unrealistic to look at wages in

isolation, since wages are only one aspect of compensation.

For instance, when comparing the wages of two employers, one

of whom paid high wages, but no health benefits, longevity

pay, uniform allowance, or education incentive pay, while the

other employer provided lower wages but very generous

benefits, it would be unfair to ignore the entire compensation

picture. Surely, if such a comparison was raised during

negotiations, the differences in benefits would be stressed,

even where there was a limited reopener as here. Your

Arbitrator may directly affect only those elements of

compensation which were submitted to him for determination.

However, it is reasonable to consider the entire compensation

package in order to place the designated elements of

compensation in the proper perspective.

      Your Arbitrator recognizes that there is a possibility

that in collective bargaining, monetary components can be

subordinated to nonmonetary issues, and also that identical

employer outlays in two different jurisdictions may result in

differing levels of benefits. Nevertheless, there is no

evidence that such was the case here and considering wages in

isolation does not make the process any fairer. With regard

to the county's argument regarding the trustworthiness of the

information, much of the evidence presented by both parties

was hearsay in nature and was derived from collective

bargaining agreements. The statute's requirement that west

coast jurisdictions be used as comparators, necessitates the

use of collective bargaining information which in a courtroom

could be challenged as excludable hearsay. However, in

calculating the amount of compensation, I have not considered

the amount of employer contributions to the retirement pension

systems, FICA, or employee municipal employee benefit trusts.

Such figures are not included in the labor agreement for

Snohomish County, and I presume the same is true of the

agreements of the comparable counties. The use of such

figures, obtained over the phone from various sources, may

create verification difficulties. Moreover, I have no basis

for comparing the retirement systems of the west coast states

or their funding sources. Comparisons become more difficult

inasmuch as in Washington State, there are two distinct

retirement plans, and employees are assigned to one or the

other depending on their hire date. Nevertheless, your

Arbitrator may very well have considered the impact of

retirement benefits on compensation, if more comprehensible

information regarding the retirement plans of the comparators

been made available.

      The Union argues that once the total gross monthly

compensation of an employer is calculated, then the hourly

wage should be determined by dividing the gross monthly

compensation by the number of hours worked in a month,

adjusting for holiday and vacation leave. I have determined

not to consider holidays or vacations for purposes of

compensation comparisons. Of course, the number of holidays

and vacations to which an employee is entitled has a direct

financial impact on the employer. The employer may incur

additional personnel costs in order to replace the absent

employee or else accept diminished productivity. The number

of hours worked directly relates to the level of hourly

compensation. However, it would be misleading to factor

holidays and vacations into the compensation equation for

comparative purposes and ignore a host of other issues related

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

of hours worked is affected by labor agreement provisions

relating to sick leave, bereavement leave, jury leave,

military leave, and education leave. Moreover, the Union's

suggested formula regarding hours does not deal with the

intertwined issues of overtime, shift differentials, and lunch

hours. Yet each of these issues may significantly affect the

"hourly" compensation.

 

Cost of Living

      RCW 41.56.460(d) requires that the arbitrator take into

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

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

Seattle-Everett Urban Wage Earners and Clerical Workers

Consumer Price Index rose by 1.7 percent between November 1984

and November 1985. That is the last figure available prior to

the effective date of the reopener, and both parties agree

that this is the appropriate period to consider. RCW

41.56.460(e) requires that the Arbitrator also take into

account "[c]hanges . . . during the pendency of the

proceedings." The consumer price index rose by 1.1 percent

between September 1985 and September 1986.

 

Other Considerations

      RCW 41.56.460(f) requires that the arbitrator also shall

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

traditionally taken into consideration in the determination of

wages, hours and conditions of employment." In this regard,

your Arbitrator has considered the County's ability to pay,

the salary increases given to other County employees, and the

rate of turnover among the County law enforcement officers.

The County asserts that it would be appropriate to consider

comparative data from all Western Washington counties because

of their relative proximity to Snohomish County and their

common link on the major north-south transportation route

through the state. As the County recognizes, these counties

do not meet the statutory requirement of similar size. Given

the statutory directions relating to the selection of

comparable jurisdictions, I have not considered as relevant

jurisdictions those which obviously are not of like size to

Snohomish County.

 

Educational Incentive Pay and Longevity

      The County's proposal for educational incentive pay is as

follows:

 

      Educational Incentive: The County

proposes that the following be included in

the arbitrator's award in this matter:

A.  This is a new provision in the

parties' contract and shall become

effective January 1, 1987.

B.  Educational incentive pay shall be

a sum paid as a premium in addition to the

employee's base salary. It shall not be

included in the base pay for purposes of

computing call back, court time, overtime,

standby time, holiday pay and/or any other

premium or increment calculated by

reference to base pay.

C.  Each deputy, sergeant or

lieutenant who has or is awarded an

associate degree from an accredited

institution of higher education shall

receive an educational incentive payment of

$25 per month in addition to his or her

base pay.

D.  Each deputy, sergeant or

lieutenant who has or is awarded a

bachelor's degree from an accredited

institution of higher education shall

receive an educational incentive payment of

$50 per month in addition to his or her

base pay.

E.   Each deputy, sergeant or

lieutenant who has or who is awarded a

master's degree from an accredited

institution of higher education shall

receive an educational incentive payment of

$75 per month in addition to his or her

base pay.

F.   The incentive pay for each degree

shall not be cumulative. Thus, an employee

who has both an associate degree and a

bachelor's degree shall receive $50 per

month as incentive pay, not $75 per month.

G.  No employee shall receive

educational incentive pay until he or she

has had three years of law enforcement

experience with Snohomish County with

satisfactory performance. In the case of

employees who have had law enforcement

experience other than with Snohomish

County, the Sheriff in the reasonable

exercise of his or her discretion may

reduce the foregoing qualifying period to

one year.

H.  To continue to receive educational

incentive pay after qualifying initially,

the eligible employee must continue to have

satisfactory performance.

I.    To continue to receive educational

incentive pay after qualifying initially,

the eligible employee must maintain a

program of continuing education in police

science where the employee completes at

least 3 college hours (or the equivalent)

of course work in police science (or an

equivalent field) at an accredited

institution of higher education (or its

equivalent). This minimum continuing

education requirement must be satisfied

within two years after the employee

initially qualifies for educational

incentive pay; it must be satisfied during

each two-year period thereafter. The

parties are directed to meet and confer to

develop standards for determining that

which is equivalent to: three hours of

course work; a police science curriculum;

an accredited institution of higher

education.

 

The County makes no proposal for longevity pay and opposes the

Union's proposal on the subject.

      The Union's proposal for longevity pay and educational

incentive pay is intertwined. That proposal reads as follows:

 

***

Effective January 1, 1986, a Deputy,

Sergeant, or Lieutenant who has completed

the following years of service as a fully

commissioned law enforcement officer with

the Snohomish County Sheriffs Department

and/or who has attained the following

number of credits from an accredited

university shall, commencing with the first

of the month following completion or

attainment thereof, be compensated above

and beyond the monthly rates of pay set

forth within Appendix "A" the following

corresponding monthly premium pay:

_____________________________________________________

Completed Years of Service        5                7                8-1/2          10

Attained College credits              45              90/AA        135            180/BA

 

Premium Pay                                $25.00       $100.00     $130.00     $165.00

_____________________________________________________

 

      For several reasons, I have concluded that no longevity

pay is appropriate. First of all, of the seven comparator

counties, only one, Clark County, has provision for longevity

pay. Moreover, the parties have only recently agreed to

remove a longevity plan from the labor agreement. The 1980-82

agreement contained a longevity program. The 1983-84

agreement provides for the removal of that benefit, except for

those employees already receiving the premium. Mr. Cheeseman

testified that in exchange for the concession on longevity,

the County agreed to insert additional pay steps into the

contract. The Agreement's step plan calls for compensation

increases on an annual basis for the first five years of

employment, and to that extent still rewards longevity. In

view of this recently bargained removal of longevity from the

labor agreement and of the lack of support from the

comparators, it would not be appropriate at this time for your

Arbitrator to reinsert longevity pay into the agreement.

      Both the County and the Union agree that educational

incentive pay should be added to the agreement. Their

proposals in this regard differ as to the amount of such a

premium and as to the details of its implementation. The

following list represents the amount of premium pay which the

comparable counties pay to a deputy with a bachelor's degree.

_____________________________________________________

Counties

      Clark                        107

      Marion                     0

      Pierce                       0

      San Joaquin             76

      Spokane                   0

      Stanislaus                75

      Washington             135

_____________________________________________________

Of the four comparators offering educational incentive pay,

the average amount of such premium is $98.25, and the median

amount is $91.50. Based largely on these figures I have

concluded that an appropriate amount of premium for a

bachelor's degree is $100 per month. An associate's degree

generally represents about half the credit hours of a

bachelor's degree. The same ratio shall be applied in setting

the appropriate level of compensation for an associate's

degree. Thus, the premium for an associate's degree shall be

set at $50 per month.

      For those top-step deputies with an associate's degree,

the $50 premium, in itself, reflects a 2.045 percent increase

in pay. The $100 premium paid to such employees with a

bachelor's degree reflects a 4.09 percent increase in pay.

      With the exception of the amount of the premium for a

bachelor's degree and the contract language from Clark County,

the record is devoid of information on the details of the

educational incentive plans of the comparators. The

educational incentive plan which I shall order to be included

in the Agreement shall be relatively simple and shall omit the

controversial aspects of the proposals of the parties. The

Union's position appears to reflect that educational incentive

pay should have four steps, based on the number of credits

earned, whether or not a degree is earned. The Award shall

simply pay a premium for having obtained an associate's degree

or a bachelor's degree. The Arbitrator rejects the County's

positions that three years of experience and "satisfactory

performance" are necessary to obtain the education premium.

The Arbitrator also rejects the County's position that an

eligible officer must maintain a program of continuing

education in order to continue to receive educational

incentive pay. There is not ample basis in the record to

support such qualifications to the receipt of an educational

premium. The County proposes that the educational incentive

pay not be effective until January 1, 1987. The premium shall

be effective on January 1, 1986, since that is the effective

date of the reopener.

 

Arbitrator Award Educational Incentive Pay and Longevity Pay

      The contract language for educational incentive pay shall read

as follows:

 

A.  Educational incentive pay shall be

a sum paid as a premium in addition to the

employee's base salary. It shall not be

included in the base pay for purposes of

computing call back, court time, overtime,

standby time, holiday pay and/or any other

premium or increment calculated by

reference to base pay.

B.  Each deputy, sergeant or

lieutenant who has or is awarded an

associate degree from an accredited

institution of higher education shall

receive an educational incentive payment of

$50 per month in addition to his or her

base pay.

C.  Each deputy, sergeant or

lieutenant who has or is awarded a

bachelor's degree from an accredited

institution of higher education shall

receive an educational incentive payment of

$100 per month in addition to his or her

base pay.

D.  The incentive pay for each degree

shall not be cumulative. Thus, an employee

who has both an associate degree and a

bachelor's degree shall receive $100 per

month as incentive pay, not $150 per month.

 

There shall be no additional language relating to longevity

pay.

 

Wages

 

      The County proposes that, effective January 1, 1986, the

monthly rates of pay for deputy should be increased by 2.0

percent, that the rates for sergeant should be increased by

3.5 percent effective January 1, 1986 and by a second equal

increment of 3.5 percent effective July 1, 1986, and that the

rates for lieutenant should be increased by 6.5 percent

effective January 1, 1986 and by a second equal increment of

6.5 percent on July 1, 1986. The Union proposes that

effective January 1, 1986, the monthly rates of pay for deputy

should be increased by 3.4 percent, and that the monthly rates

for sergeant and lieutenant should be increased to $2885 and

$3270 respectively, which correspond to increases of 11.35

percent and 19.3 percent.

      The County correctly points out that ability to pay is

traditionally taken into consideration in interest

arbitration. The County asserts that its financial position

is a limiting factor which should be taken into account.

According to Budget and Finance Director Thomas Carlson, the

County is currently at the legal limits of its fund-raising

capacity, and recently the County has managed to maintain the

constitutionally-required balanced budget by tapping reserve

funds, one-time revenues, fund closeouts and other temporary

sources. Mr. Carlson testified that if the County incurred

more expense than was budgeted for its Sheriff's Department,

then the County would have to change its priorities.

      In deciding upon an appropriate award, I have taken into

account the County's financial situation. While the County

has undergone some financial difficulties, I am not convinced

that it is in such dire straits that it could not afford a

reasonable pay increase for the employees of its Sheriff's

Department. There was no evidence that any employees have

been laid off or that extraordinary measures have been taken.

Most other County employees have received a 2.5 percent wage

increase. Mr. Carlson testified that some employees received

a pay increase larger than 2.5 percent based on salary surveys

which indicated that a larger increase was appropriate.

similarly, the wage increase which shall be awarded here,

shall be as a result of evidence which indicates that a

specific increase is appropriate. While it may be difficult

for the County to have to adjust its budget to deal with the

results of an interest arbitration award, such adjustments

are, in effect, mandated by the statute.

      The County asserts that the wages which it offers are

sufficient to attract and retain qualified employees. Joseph

Cheeseman, senior employee relations specialist for the

County, testified that only one or two deputies resigned in

the past year and that the turnover rate for the bargaining

unit is roughly one third of the rate for other County

employees. Mr. Cheeseman further testified that the County's

last announcement for openings in the Sheriff's Department

drew over 300 applicants for entry-level deputies and 29

applications from experienced law enforcement officers. I

have taken the low turnover rate into account in fashioning

the Award, but have not viewed this with the same significance

as the factors spelled out in the statute, such as

comparability and cost of living.

      The delay in the settlement of the parties' collective

bargaining dispute has had the effect of permitting the panel

to be presented with some of the 1986 wage settlements for the

comparable counties. The Union supplied these figures for the

Washington State counties, but not for the counties in Oregon

and California. The wage increases for the three comparable

Washington counties are reflected below:

_____________________________________________________

      Clark               4.8%

      Pierce              5.5%

      Spokane          7.0%

 

      Average          5.8%

_____________________________________________________

The impact of these figures are diminished by the lack of

information from the four other comparable counties. Also, in

fairness, it must be observed that evidence was presented of

the 1986 wage increases in 9 Washington counties and 22

Washington cities, which are subject to statutory interest

arbitration. Of those 31 employers, the wage increases in

Clark, Pierce, and Spokane Counties were the first, third and

fourth highest. The average increase for the counties was 4.6

percent and the average for the cities was 3.4 percent. Thus,

I hesitate to conclude that the wage increases in Clark,

Pierce, and Spokane Counties are fairly representative of the

comparators as a whole. Moreover, as will be seen, the

compensation level in Snohomish County for deputies is

considerably above the level in the three comparators listed

above.

      The base monthly compensation for a deputy with ten years'

experience and a bachelor's degree in the comparable west

coast counties is reflected below:

_____________________________________________________

 

Clark

      base monthly salary               2047

      longevity                                 03

      education                                107

      health/life benefits                 246

      uniform allowance                  35

                                                      2535

 

Marion

      base monthly salary               2396

      longevity                                 0

      education                                0

      health/life benefits                 118

      uniform allowance                  35

                                                      2549

 

Pierce

      base monthly salary               2366

      longevity                                 0

      education                                0

      health/life benefits                 207

      uniform allowance                  26

                                                      2599

 

San Joaquin

      base monthly salary               2454

      longevity                                 0

      education                                76

      health/life benefits                 192

      uniform allowance                  36

                                                      2758

 

Spokane

      base monthly salary               2288

      longevity                                 0

      education                                0

      health/life benefits                 233

      uniform allowance                  45

                                                      2566

 

Stanislaus

      base monthly salary               2486

      longevity                                 0

      education                                75

      health/life benefits                 255

      uniform allowance                  50

                                                      2866

 

Washington

      base monthly salary               2257

      longevity                                 0

      education                                135

      health/life benefits                 187

      uniform allowance                  35

                                                      2614

_____

3     The compensation figures are derived from Union

Exhibit 26. This exhibit indicates that Clark County officers

receive $107.35 for longevity and an equal amount for

educational incentive pay. County Exhibits 11 and 12 indicate

that Clark County officers receive educational incentive pay

but no longevity. Attached to County Exhibit 12 is a portion

of the Clark County collective bargaining agreement which

appears to indicate that either work experience or education

may qualify an employee for incentive pay, but that an officer

does not receive separate incentive pay for each. Therefore,

it would be inappropriate to include in the Clark County

compensation totals, both longevity pay and educational

incentive pay. I have modified the figures provided by the

Union to reflect no longevity pay, so that the compensation

total does not reflect that both longevity pay and educational

incentive pay may be paid to the same individual.

_____________________________________________________

The average total compensation for the deputies in these seven

comparable counties is $2641.

      Snohomish County's total compensation for a deputy with

ten years' experience and a college degree is reflected below:

_____________________________________________________

Snohomish

      base monthly salary               2445

      longevity                                 04

      education                                0

      health/life benefits                 239

      uniform allowance                  53

                                                       2737

_____

4     Less than half of the members of the bargaining unit

do receive between $5 and $20 per month in longevity pay since

such benefits were grandfathered when longevity pay was

otherwise removed from the collective bargaining agreement for

the 1983-84 agreement.

_____________________________________________________

Thus, Snohomish County deputies with ten years' experience and

a college degree receive approximately 4 percent more in

compensation than the average of the comparable counties.

      The base monthly compensation for sergeants and

lieutenants with ten years' experience and a bachelor's degree

in the comparable west coast counties is reflected below:

_____________________________________________________

                                                      Sergeants             Lieutenants

Clark

      base monthly salary               2485                      2893

      longevity                                 0                            0

      education                                124                        0

      health/life benefits                 246                        246

      uniform allowance                  35                          35

                                                      2890                      3174

 

Marion

      base monthly salary               2652                      2924

      longevity                                 0                            0

      education                                0                            0

      health/life benefits                 118                        118

      uniform allowance                  35                          35

                                                      2805                      3077

 

Pierce

      base monthly salary               2723                      3159

      longevity                                 0                            0

      education                                0                            0

      health/life benefits                 206                        206

      uniform allowance                  26                          26

                                                      2955                      3391

 

San Joaquin

      base monthly salary               2840                      3288

      longevity                                 0                            0

      education                                76                          76

      health/life benefits                 192                        196

      uniform allowance                  34                          34

                                                      3142                      3594

 

Spokane

      base monthly salary               2908                      3551

      longevity                                 0                            0

      education                                0                            0

      health/life benefits                 233                        233

      uniform allowance                  45                          45

                                                      3186                      3829

 

Stanislaus

      base monthly salary               2943                      3283

      longevity                                 0                            0

      education                                75                          75

      health/life benefits                 255                        235

      uniform allowance                  50                          50

                                                      3323                      3643

 

Washington

      base monthly salary               2922                      3215

      longevity                                 0                            0

      education                                175                        0

      health/life benefits                 187                        209

      uniform allowance                  35                          35

                                                      3319                      3459

_____________________________________________________

In these seven comparable counties, the average total

compensation for sergeants is $3088 and for the lieutenants is

$3452.

      Snohomish County's total compensation for a deputy and a

lieutenant with ten years' experience and a college degree is

reflected below:

_____________________________________________________

                                                      Sergeants             Lieutenants

Snohomish

      base monthly salary               2591                      2741

      longevity                                 0                            0

      education                                0                            0

      health/life benefits                 230                        239

      uniform allowance                  53                          53

                                                      2883                      3033

_____________________________________________________

Thus, Snohomish County sergeants with ten years' experience

and a college degree earn about 7 percent less than the

average received in the comparable counties, while the

Snohomish County lieutenants receive about 12 percent less.

      In Snohomish County sergeants receive 6 percent more in

base salary than do deputies. Snohomish County lieutenants

receive 5.8 percent more than sergeants. This differential

between the ranks is significantly out of line with the

differential which exists in the comparable jurisdictions.

The differential in these counties are as follows:

_____________________________________________________

                              deputy/sergeant   sergeant/lieutenant

                              differential            differential

Clark                     15.7%                   16.4%

Marion                  10.7%                   10.3%

Pierce                    15.1%                   16.0%

San Joaguin          15.7%                   15.8%

Spokane                27.1%                   22.1%

Stanislaus             18.3%                   11.6%

Washington          29.5%                   10.0%

_____________________________________________________

The average pay differential between sergeants and deputies in

the comparable counties is 18.8 percent. The median

differential is 15.7 percent. With regard to the differential

between sergeants and lieutenants in the comparable counties,

the average differential is 14.6 percent and the median

differential is 15.8 percent.

      Charles Dibble, the County's chief spokesman in

negotiations during the past several years, testified that the

County recognizes that there is a problem with the

differential between ranks. The County, in its brief,

indicated that its proposal "goes a long way to closing the

gap" with the pay differential for sergeants and lieutenants

in comparable jurisdictions.

      I have determined that for 1986 a 12 percent differential

in pay is appropriate between the pay of deputies and

sergeants, and between the pay of sergeants and lieutenants.

While a 12 percent differential would no longer place the

County at the bottom of the list in differentials it still

leaves the County behind the average. However, as will be

seen, the implementation of a 12 percent differential results

in pay increases for the sergeants and lieutenants, which are

quite large when compared with the cost of living or with the

pay increases which have been recently given to other law

enforcement officers. In view of this and also of the

evidence regarding the County's ability to pay, the pay

increases for sergeants and lieutenants shall be phased in in

two equal increments effective January 1, 1986 and July 1,

1986. In their current agreement the parties negotiated such

a split compensation increase, so they are no strangers to the

concept. The compensation increase for deputies, discussed

below, shall be implemented in its entirety as of January 1,

1986. I shall set the base monthly salary (top step) for a

deputy and add 12 percent to determine the rate for sergeants,

and add 12 percent above the sergeant rate for lieutenants.

Half of the monetary increases for sergeants and lieutenants

only, will be implemented on January 1, 1986 and half on July

1, 1986. Step 1 on the pay schedule for sergeants and

lieutenants shall be maintained at a rate which is 2 percent

below these rates.

      I conclude that the appropriate salary increases for

deputies, based on the statutory criteria, is 2.5 percent

effective January 1, 1986. That increase is above the cost of

living and is identical to the wage increase given to other

County employees. The wage increase for the sergeants and

lieutenants are much higher, reflecting the new 12 percent

differential between ranks. The wage increase for sergeants

is 8 percent, with 4 percent implemented on January 1, and 4

percent on July 1. The wage increase for lieutenants is 15

percent, with 7.5 percent implemented on January 1, and 7.5

percent on July 1. The top step base wages for 1986 are

reflected below:

_____________________________________________________

                                    January 1, 1986    July 1, 1986

 deputies                     2506                      2506

 sergeants                   2695                      2798

 lieutenants                 2947                      3152

_____________________________________________________

Based on the newly awarded educational incentive pay, many

deputies will actually receive total wage increases amounting

to over 4.5 percent or over 6.5 percent. The educational

incentive pay will also add to the 8 and 15 percent pay

increases of most of the sergeants and lieutenants. With the

increases, deputies will maintain a compensation level above

the average of the comparators, and sergeants and lieutenants

will attain a level close to the average.

 

Arbitrator Award - Wages

      Appendix A to the agreement shall be amended to include

the following:

_____________________________________________________

Effective January 1, 1986, the monthly rates of pay for

employees covered by this Agreement shall be as follows:

 

                                    STEP 1      STEP 2      STEP 3      STEP 4      STEP 5

CLASSIFICATION   00-12m      13-24m      25-36m      37-48m      49m +

Lieutenant . . . .          2889          2947          2947          2947          2947

Sergeant . . . . .           2642          2695          2695          2695          2695

Deputy . . . . . .            1731          1914          2120          2328          2506

 

Effective July 1, 1986, the monthly rate of pay for

employees covered by this Agreement shall be as follows:

 

                                    STEP 1      STEP 2      STEP 3      STEP 4      STEP 5

CLASSIFICATION   00-12m      13-24m      25-36m      37-48m      49m +

Lieutenant . . . .          3090          3152          3152          3152          3152

Sergeant . . . . .           2743          2798          2798          2798          2798

Deputy . . . . . .            1731          1914          2120          2328          2506

_____________________________________________________

Bellevue, Washington

Dated: January 26, 1987                   /s/ ALAN R. KREBS

                                                            Alan R. Krebs, Arbitrator

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