INTEREST ARBITRATIONS

Decision Information

Decision Content

Pasco Police Officers’ Association

And

City of Pasco

Interest Arbitration

Arbitrator:      Jane R. Wilkinson

Date Issued:   07/12/1994

 

 

Arbitrator:         Wilkinson; Jane R.

Case #:              10526-I-93-00225

Employer:          City of Pasco

Union:                Pasco Police Officers Association

Date Issued:      07/12/1994

 

 

BEFORE THE ARBITRATION BOARD

 

In the Matter of the Interest                                     )

Arbitration Between                                                  )

The City of Pasco                                                       )

                                                                                    )     ARBITRATORS'

the Employer                                                              )

                                                                                    )     AWARD

and                                                                              )

                                                                                    )

Pasco Police Officers' Association                            )

                                                                                    )

the Union                                                                    )

__________________________________________)

 

Appearances:

 

For the City:                                                         For the Association:

Greg Rubstello                                                     Jim Cline, Attorney

City Attorney                                                       Patrick Emmal, Labor Consultant

City of Pasco                                                        Hoag, Vick, Tarantino & Garrettson

P.O. Box 293                                                        425 Pontius Ave. N., Ste 200

Pasco, WA 99301                                                 Seattle, WA 98109

 

Interest Arbitration Panel Members

Neutral Arbitrator:

Jane Wilkinson, Attorney

 

City Panel Member:                                            Association Panel Member:

James W. Chase, Assistant Finance                   Michael D. Aldridge, PPOA Representative

Director

 

Date of Award: July 12, 1994

 

WITNESS LIST

For the City:

Donald J. Francis, Chief of Police, Pasco

Daniel Underwood, Finance Director

Gary Crutchfield, City Manager

Jeff Ballie, Economic Development Specialist

 

For the Union:

Charles B. Cook, Pasco police officer

Cliff Nelson, Pasco police officer

Michael D. Aldridge, Pasco police sergeant

Brian McCullough, Insurance consultant

 

EXHIBIT LIST

City Exhibits

 

C-1.     1991 - 1992 Collective Bargaining Agreement

C-2.     Krebs 1990 Interest Arbitration Opinion and Award In The Matter Of City Of Pasco and Pasco Police

            Association

C-3.     City of Pasco's lnitial Bargaining Proposals - July 28, 1992

C-4.     Memorandum to City Manager reporting first collective bargaining session with PPOA held on August

            27,1992

C-5.     PPOA's lnitial Bargaining Proposals - August 7, 1992.

C-6.     Notes of initial bargaining session held August 25, 1992. See page 8. re: Wages

C-7.     Tentative Agreements (TAs) on several economic issues improving the benefits of PPOA members in

            the new CBA.

C-8.     Sept. 30, 1992 comparison charts on various economic issues open in the negotiations prepared by the

            city negotiating team. See 1992 CBAs from the jurisdictions referenced in Exhibit 8. for backup data to

            comparison chart data. Charts numbered 8-1 through 8-11.

C-9.     Open.

C-10.   Open.

C-11.   June 29, 1993 and August 25, 1993 letter from PERC Executive Director Marvin Schurke withdrawing

            the issues of Management Rights (conditionally), Hours of Work, and Grievance Procedure from the

            Interest Abitration.

C-12.   September 17, 1993 letter from PERC Executive Director Marvin Schurke withdrawing the

            Management Rights issue from interest arbitration.

C-13.   August 30, 1993 letter from Greg A. Rubstello to James M. Cline concerning Arbitrators.

C-14.   August 30, letter from James M. Cline to Greg A. Rubstello concerning Arbitrators.

C-15.   Employer Proposals on Open Issues.

C-16.   PPOA Proposals on Open issues.

C-17.   Meet the People of the PPOA

C-18.   Officers That Have Left the Dept. w/i last 5 years.

C-19.   Pasco Police Dept. Organization Chart and 94 Budget.

C-20.   1994 WA State Entitlement Cities and Allocation Amounts from HUD

C-21.   WA State CHAS Report.

C-22.   1993 Data Book, State of WA, OFM.

C-23.   WA STATE Economic Forecast 1993, OFM.

C-24.   1992 Demographic Info for Area IX, ESD,

C-25.   1990 Census Data for WA State.

C-26.   1990 Census Snapshot for all US Places, showing medium Household Income.

C-27.   1993 Ed. of Place, Towns, and Townships with Census Data on pop., housing, income, poverty, and

            ethnic demographics.

C-28.   Kennewick Building Dept. Reports for 92, 93, and 94.

C-29.   Richland Building Dept. Reports for 92, 93, and 94.

C-30.   Pasco Building Dept. Reports for 92, 93, and 94.

C-30A Tri-City Building Permits - number and valuation

C-31.   Levak ARB. re: Local Labor Market.

C-32.   Snow ARB. re: Local Labor Market.

C-33.   Police Dept. Questionnaires for all proposed Wa., Or., and Calif. Cities.

C-34.   Market Feasibility Analysis.

C-35.   City of Pasco Management Staff Salary Schedule.

C-36.   City of Richland Staff Salary Schedule.

C-37.   City of Kennewick Staff Salary Schedule.

C-38.   Pasco's Crime Drop Percentage Chart.

C-39.   Pasco's Uniform Crime Report.

C-40.   Pasco Police Department's Annual Report to the City Manager.

C-41.   Comparison Chart of Additional Criminal Justice Revenue to Additional Criminal Justice

            Expenditures.

C-42.   Statistical Chart showing Population and Rank of Large Metropolitan Areas between 1980 and 1985.

C-43.   Consumer Price Indexes.

C-44.   Interest Abitration Between City of Pasco and IAFF Local 1433 regarding Consumer Price Indexes.

C-45.   Employer Proposal Concerning Overtime.

C-46.   Current Comparable Time Balances.

C-47.   City of Pasco Wage Increases.

C-48.   Employer Proposal Concerning Medical, Dental and Life Insurance.

C49.    Memorandum to City Manager regarding Health Benefit Changes.

C-50.   Interest Arbitration between the City of Pasco and IAFF Local 1433 regarding Employee Health Care

            Costs.

C-51.   Interest Arbitration between the City of Kennewick and the Kennewick Police Officers regarding wages.

C-52.   Agreement between the City of Oak Harbor and the Oak Harbor Police Association.

C-53.   Memorandum of Understanding between the City of Calexico and the Calexico Police Officers

            Association.

C-54.   Memorandum to Jim Cline regarding Pasco's Top Step Comps.

C-55.   All City and PPOA Proposed Comparators.

C-56.   Property Tax, Sales Tax and Population Data.

C-57.   (No exhibit 57).

C-58.   Levak's down weighing of Richland and Kennewick.

C-59.   Pasco Police Interest Arbitration 1994 City Budgets.

C-60.   City of Pasco Assessed Value History.

C-61.   Criminal Justice Budget Comparisons between Pasco, Pullman and Walla Walla.

C-62.   Questionnaire regarding financial information on Oregon and California Jurisdictions.

C-63.   All City and PPOA Proposed Comparators.

C-64.   Medical/Dental Premium History.

C-65.   LEOFF Member Handbook.

C-66.   Group Insurance Plans Booklet.

C-A.    City of Pasco and it's Socio-Economic Characteristics.

C-B.    Community Profile.

C-C.    1994 CHAS

C-D.    Memorandum To Tom Burdett regarding Draft Housing Element for Oak Harbor.

C-E.     Salem - Keizer Comprehensive Housing Affordability Strategy.

C-F.     Walla Walla County Comprehensive Housing Affordability Strategy.

C-G.    Pullman Housing Availability Affordability, Condition Assessment and Strategy

C-H.    Richland Comprehensive Housing Affordability Strategy.

C-I.      Open.

C-J.     Memorandum to City and County Officials regarding population determinations.

C-K.    Labor Contract between the City of Aberdeen and the Aberdeen Police Association.

C-L.     Agreement between City of Pullman and Pullman Police Officers' Guild.

C-M.   Agreement between City of Walla Walla and Walla Walla Police Officers' Guild.

C-N.    Agreement between City of KIamath Falls and Teamsters' Local Union No. 223.

C-O.    Agreement between City of Grants Pass and Grants Pass Police Officers Association.

C-P.     Letter from Acting Chief of Police - Calexico, CA., Job Announcement, Memorandum of Understanding

            between City of Calexico and Calexico Police Officers Association.

C-Q.    Agreement between City of Delano and Delano Police Association.

C-R.    Agreement between City of Kennewick and Kennewick Police Officer's Association

C-S.     Agreement between City of Pendleton and Pendleton Police Association.

C-T.     Agreement between City of Hermiston and Oregon Public Employees Union.

C-U.    Amendment to 1990-1992 Agreement between Benton County Sheriffs and Teamsters' Local 839.

C-V.    Agreement between Franklin County Sheriff and Franklin County Road Deputies' Guild.

C-W.   Opinion and Award in Interest Arbitration between Pullman Police Officers' Guild and City of Pullman.

C-X.    Opinion and Award in Interest Arbitration between City of Pasco and IAFF Local 1433.

C-Y.     Guild's Post-Hearing Arbitration Brief in Interest Arbitration between City of Mount Vernon and Mount

            Vernon Police Services Guild.

C-Z.     Neutral Arbitrator's Opinion and Award 1993 Wage Reopener in Interest Arbitration between Mount

            Vernon Police Services Guild and City of Mount Vernon, Washington

 

Association Exhibits

A-1      Pasco Police Officers Association Proposal on Items Certified at Issue 1994 Interest Arbitration

A-2      Employer proposal concerning Article II - Term & Scope of Agreement

A-3      West Coast Maps

A-4      Association's ln-State Comparables

A-5      Association's West Coast Comparables

A-6      City's West Coast Comparables

A-7      City's Local Labor Market

A-8      1991-1992 Collective Bargaining Agreement between City of Pasco and Pasco Police Officers Association

            "Uniformed" Employee Bargaining Unit

A-9      1989-1990 Collective Bargaining Agreement between City of Pasco and Pasco Police Officers Association

             "Uniformed" Employee Bargaining Unit

A-10    1987-1988 Collective Bargaining Agreement between City of Pasco and Pasco Police Officers Association

            "Uniformed" Employee Bargaining Unit

A-11    1984-1988 Collective Bargaining Agreement between City of Pasco and Pasco Police Association

A-12    1981-1983 Collective Bargaining Agreement between City of Pasco and Pasco Police Benefit Association

A-13    April, 1993 Labor Contract

A-14    January 3, 1994, Resolution before the Board of Commissioners of Benton County, Washington

A-15    Agreement No. 1992-15, January 1992-June 1993 Agreement between City of Delano and Delano

            Police Association

A-16    1991-1993 Collective Bargaining Agreement between The Sheriff of Franklin County, Washington and the

            Franklin County Road Deputies' Guild

A-17    Collective Bargaining Agreement between The Kennewick Police Officers Benefit Association and the City

            of Kennewick, Washington, January 1, 1993 trough December 31, 1995

A-18    Collective Bargaining Agreement between The City of Grants Pass and The Grants Pass Police

            Association, Expiration December 31, 1993

A-19    Collective Bargaining Agreement between City of Hermiston, Oregon and Oregon Public Employees Union,

            Expires June 30, 1995

A-20    Agreement between the City of KIamath Falls, Oregon (Police) and Teamsters Local Union No. 223, July 1,

            1993- June 30, 1995

A-21    Collective Bargaining Agreement between the City of Keizer, Oregon and the Keizer Police Association, July 1,

            1993 through June 30, 1996

A-22    Agreement between City of Lacey and Lacey Police Officers' Guild dated August 28, 1990

A-23    Collective Bargaining Agreement between the City of Mount Vernon, Washington and Mount Vernon Police

            Services Guild, January 1, 1991 through December 31, 1993

A-24    Collective Bargaining Agreement between the Pendleton City Police Association and the City of Pendleton,

            July 1, 1993 to June 30, 1994

A-25    Agreement between the City of Port Angeles and Teamsters Union Local #589 (Sworn Officers Unit) January 1,

            1991 - December 31, 1993

A-26    City of Pullman, Pullman Police Officers' Guild, 1993-1995, Pullman Police Department Uniformed

            Employees

A-27    Labor Agreement and the City of Walla Walla and the Walla Walla Police Guild, January 1, 1994 through

            December 31, 1998

A-28    1992-1993 Agreement between Richland Police Guild and City of Richland

A-29    1993-1994 Agreement between City of Wenatchee and The Wenatchee Police Guild

A-30    1992-1993 Collective Bargaining Agreement between City of Pasco and Local 1433, International

            Association of Firefighters

A-31    City of Pasco and Pasco Police Association Interest Arbitration Opinion and Award of Alan R. Krebs,

            February 12, 1990

A-32    City of Pasco and International Association of Fire Fighters, Local 1433 Interest Arbitration, Neutral

            Arbitrator's Opinion and Award, Thomas F. Levak, Arbitrator, October 4, 1990

A-33    A Cross-Sectional Model of Public Safety, Wage Determination, The Case of Police Salaries Across Cities

            in the Western United States by Ali Akbar Nazarian, April 19, 1990

A-34    Managerial Responses to Perceived Labor Shortages, The Case of Police

A-35    The City of Olympia and the Olympia Police Guild Interest Arbitration Award, Michael E. deGrasse, Neutral

            Chairman, July 5, 1984

A-36    City of Bellevue and Bellevue Firefighters Local 1604, International Association of Firefighters, AFL-CIO,

            CLC, Interest Arbitration Opinion and Award of Janet L. Gaunt

A-37    West Coast Comparable Jurisdiction Selection for Pasco, WA

A-38    West Coast Comparable Jurisdiction Selection for Pasco, WA

A-39    West Coast Comparable Jurisdiction Selection for Pasco, WA

A-40    West Coast Comparable Jurisdiction Selection for Pasco, WA

A-41    West Coast Comparable Jurisdiction Selection for Pasco, WA

A-42    Pasco Interest Arbitration 1994, City of Pasco's Non-Selected Cities

A-43    City of Pasco and Pasco Police Officers' Association, Affidavit of Julie R. Smith

A-44    Association's Comparables 1993 Population

A-45    Association's West Coast Comparables 1992 Population

A-46    City's Comparables 1992 Population

A-47    Tri-City Herald Newspaper article "Pasco schools expect drop in migrant student", March 6, 1994

A-48    Association's Comparables 1992 Assessed Valuation

A-49    Association's West Coast Comparables 1992 Assessed Valuation

A-50    City's Comparables 1992 Assessed Valuation

A-51    Letter of Shirley A. Morrow, Franklin County Assessor to Jim Cline, Attorney, March 29, 1994

A-52    Association's Comparables Assessed Valuation Per Capita

A-53    Association's West Coast Comparables Assessed Valuation Per Capita

A-54    City's Comparables Assessed Valuation Per Capita

A-55    Association's Comparables Number of Officers (1992)

A-56    Association's West Coast Comparables Number of Officers (1992)

A-57    City's Comparables Number of Officers (1992)

A-58    Association's Comparable Number of Crimes (1992)

A-59    Association's West Coast Comparables Number of Crimes (1992)

A-60    City's Comparables Number of Crimes (1992)

A-61    Association's West Coast Comparables Crimes Per Officer

A-63    City's Comparables Crimes Per Officer

A-64    Association's Comparables Total Retail Sales

A-65    Association's West Coast Comparables Total Retail Sales

A-66    City's Comparables Total Retail Sales

A-67    Association's Comparables Retail Sales Per Capita

A-68    Association's West Coast Comparables Retail Sales Per capita

A-69    City's Comparables Retail Sales Per Capita

A-70    State of Washington Revenue Research Report, Quarterly Business Review, January-February-March 1993

A-71    Guild's ln-State Comparable Jurisdictions Mileage Between Jurisdictions

A-72    Guild's West Coast Comparable Jurisdictions Mileage Between Jurisdictions

A-73    City's Proposed Comparables Mileage Between Jurisdictions

A-74    Office of Management and Budget, Federal Register, Part VI, March 30, 1990

A-75    State of Washington, Metropolitan Neas, Counties and Selected Places

A-76    State of Oregon, Metropolitan Areas, Counties and Selected Places

A-77    State of California, Metropolitan Areas, Counties and Selected Places

A-78    Association's ln-State Comparables

A-79    Association's West Coast Comparables

A-80    City's West Coast Comparables

A-81    Pasco Police Officers' Association 1994 Interest Arbitration, MSA Comparisons, Cities with Population of

            15,000 or Greater

A-82    Oregon Police (Pop 15,000+) Metropolitan Areas Comparison

A-83    Oregon Police (Pop 15,000-30,000) Metropolitan Areas Comparison

A-84    Oregon Firefighters (Pop 15,000+) Metropolitan Areas Comparison

A-85    Oregon Fire (Pop 15,000-30,000) Metropolitan Neas Comparison

A-86    Washington Police (Pop 15,000+) Metropolitan Areas Comparison

A-87    Washington Police (Pop 15,000-30,000) Metropolitan Areas Comparison

A-88    Washington Fire (Pop 15,000+) Metropolitan Areas Comparison

A-89    Washington Fire (Pop 15,000-30,000) Metropolitan Neas Comparison

A-90    Police Officer Pasco, Washington 1994 Interest Arbitration Overall Summary, March 7, 1994

A-91    Police Officer Pasco, Washington 1994 Interest Arbitration Overall Summary, March 14, 1994

A-92    Police Officer Pasco, Washington 1994 Interest Abitration Overall Summary, March 8, 1994

A-93    Police Sergeant Pasco, Washington 1994 Interest Arbitration Overall Summary, March 7, 1994

A-94    Police Sergeant Pasco, Washington 1994 lnterest Arbitration Overall Summary, March 14, 1994

A-95    Police Sergeant Pasco, Washington 1994 Interest Arbitration Overall Summary, March 8, 1994

A-96    Association's ln-State Comparables 5-Year Top Step Patrol Officer

A-97    Association's West Coast Comparables Year Top Step Patrol Officer

A-98    City's West Coast Comparables 5-Year Top Step Patrol Officer

A-99    Association's In-State Comparables 5-Year Top Step Patrol

A-100  Association's In-State Comparables 10-Year Top Step Patrol Officer

A-101  Association's In-State Comparables 15-Year Top Step Patrol Officer

A-102  Association's In-State Comparables 20-Year Top Step Patrol Officer

A-103  Association's In-State Comparables 5-Year Top Step Police Sergeant

A-104  Association's In-State Comparables 10-Year Top Step Police Sergeant

A-105  Association's In-State Comparables 15-Year Top Step Police Sergeant

A-105  Association's ln-State Comparables 20-Year Top Step Police Sergeant

A-106  Association's West Coast Comparables 5-Year Top Step Patrol Officer

A-107  Association's West Coast Comparables 10-Year Top Step Patrol Officer

A-108  Association's West Coast Comparables 15-Year Top Step Patrol Officer

A-109  Association's West Coast Comparables 20-Year Top Step Patrol Officer

A-110  Association's West Coast Comparables 5-Year Top Step Police Sergeant

A-111  Association's West Coast Comparables 10-Year Top Step Police Sergeant

A-112  (No Exhibit A-112)

A-113  (No Exhibit A-113)

A-114  Association's West Coast Comparables 15-Year Top Step Police Sergeant

A-115  Association's West Coast Comparables 20-Year Top Step Police Sergeant

A-116  City's West Coast Comparables 5-Year Top Step Patrol Officer

A-117  City's West Coast Comparables 10-Year Top Step Patrol Officer

A-118  City's West Coast Comparables 15-Year Top Step Patrol Officer

A-119  City's West Coast Comparables 20-Year Top Step Patrol Officer

A-120  City's West Coast Comparables 5-Year Top Step Police Sergeant

A-121  City's West Coast Comparables 10-Year Top Step Police Sergeant

A-122  City's West Coast Comparables 15-Year Top Step Police Sergeant

A-123  City's West Coast Comparables 20-Year Top Step Police Sergeant

A-124  City's West Coast Comparables Premiums and Specialty Pay

A-125  Article on Wage Differentials and Risk of Death; An Empirical Analysis by Stuart A. Low and Lee R.

            McPheters

A-126  Article on Emotional Exhaustion in a High Stress Organization by Jeannie Gaines and John M. Jermier

A-127  Society's Victim - The Policeman, An Analysis of Job Stress in Policing by William H. Kroes, Ph.D

A-128  Crime and Violence, A Spatial and Ecological Perspective by D.E. Georges

A-129a      Association's Comparables Violent Crimes Per Year

A-129b      Association's West Coast Comparables Violent Crimes Per Year

A-129c      City's West Coast Comparables Violent Crimes Per Year

A-129d      Association's In-State Comparables Violent Crimes Per Officer Per Year

A-129e      Association's West Coast Comparables Violent Crimes Per Officer Per Year

A-129f City's West Coast Comparables Violent Crimes Per Officer Per Year

A-129g      Association's In-State Comparables Violent Crimes Per Capita

A-129h      Association's West Coast Comparables Violent Crimes Per Capita

A-129i City's West Coast Comparables Violent Crime Per Capita

A-130  Tri-City Herald Newspaper article "Sewer lines, road, crime top Pasco concerns", February 26, 1994

A-131  Article "Pasco considers hiring police"

A-132  Tri-City Metro Drug Task Force, 1991 Year-End Report, Leutenant Don Smith

A-133  Association's West Coast Comparables Percentage of Population Under 18

A-134  Association's West Coast Comparables Percentage White/Non-Hispanic

A-135  Association's West Coast Comparables Percent Foreign Born

A-136  Association's West Coast Comparables % in Different State or Home in 1985

A-137  Association's West Coast Comparables % Do Not Speak English at Home

A-138  Association's West Coast Comparables Percentage Do Not Speak English Well

A-139  Association's West Coast Comparables Median Family Income 1989

A-140  Association's West Coast Comparables Per Capital Income 1989

A-141  Association's ln-State Comparables Percentage of Population under 18

A-142  Association's In-State Comparables Percentage White/Non-Hispanic

A-143  Association's ln-State Comparables Percentage Foreign Born

A-144  Association's In-State Comparables % in Different State in 1985

A-145  Association's ln-State Comparables % Non-EngIish Speaking at Home

A-146  Association's ln-State Comparables Percentage Do Not Speak English Well

A-147  Association's In-State Comparables Median Family Income 1989

A-148  Association's In-State Comparables Per Capital Income 1989

A-149  City's West Coast Comparables Percentage of Population under 18

A-150  City's West Coast Comparables Percentage White/Non-Hispanic

A-151  City's West Coast Comparables Percentage Foreign Born

A-152  City's West Coast Comparables % in Different State or Home in 1985

A-153  City's West Coast Comparables Percentage Non-English Speaking

A-154  City's West Coast Comparables Percentage Do Not Speak English Well

A-155  City's West Coast Comparables Median Family Income 1989

A-156  City's West Coast Comparables Per Capita Income 1989

A-157  Article "Pasco's bilingual program fails test"

A-158  Article "Pasco group questioned minorities electability"

A-159  Article "Diversity defines Pasco schools" "Communication plays vital role in district's future"

A-160  Tri-City Herald Newspaper Article "Pasco adds English program to grade schools, October 22, 199

A-161  Tri-City Herald Newspaper Article "Tri-Cities have rich ethnic minority resources", March 5, 1994

A-162  Article by Apolonio Coronado

A-163  Tri-City Herald Newspaper Article "Bridging the cultural gap", March 5, 1994

A-164  State of Washington, Washington State Employment Security, Highlights, October/November 1993

A-165  State of Washington, Washington State Employment Security, Highlights, December 1993

A-166  State of Washington, Washington State Employment Security, Highlights, January 1994

A-167  Washington State Employment Security Department i 993 Review and Prospects for 1994

A-168  Washington State Employment Security Department SDA XI Overview

A-169  Washington State Labor Area Summary, Richland Kennewick/ Pasco MSA, May 1993

A-170  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, June 1993

A-171  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, July 1993

A-172  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, August 1993]

A-173  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, September 1993

A-174  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, October 1993

A-175  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, November 1993

A-176  Washington State Labor Area Summary, Richland, Kennewick/ Pasco MSA, December 1993

A-177  ACCRA Cost of Living Index and TRIDEC Reports

A-178  Tri-City Herald Newspaper Article "Tri-Cities cashing in on tourism", October 16, 1993

A-179  Newspaper Article "Personal income grows for Tri-Citians

A-180  Newspaper Article "High rise in building"

A-181  Newspaper Article "Price Chopper plans new Pasco store"

A-182  Tri-City Herald Newspaper Article "Pasco out to raise its standard for living", February 19, 1994

A-183  Newspaper Article "Pasco's field of dreams"

A-184  Newspaper Article "400-acre development proposed for W. Pasco"

A-185  Newspaper Article "On Trac Pasco, Franklin County deserve piece of the pie"

A-186  Newspaper Article "N. Franklin votes no on Trac issue"

A-187  Pasco Police Interest Arbitration 1994 City Budgets

A-188  Memo to Mayor and Council Members, November 1, 1989, preliminary and balanced budget for calendar

            year 1990

A-189  Memo to Mayor and Council Members from City Manager, November 1, 1990

A-190  City of Pasco, 1992 Budget, Operations and Capital Projects

A-191  Ordinance No. 2906, Ordinance Adopting the City of Pasco Operating Budget for the Year 1993

A-192  Memo to Honorable Mayor and Council Members, November 1, 1993, preliminary and balanced budget for

            calendar year 1994.

A-193  Newspaper Article "Capitol projects raise Pasco budget to $37.8 million in '94"

A-194  Newspaper Article "Baseball stadium on Pasco agenda"

A-195  Tri-City Herald Newspaper Article "League wants to play ball in Pasco", March 8, 1994

A-196  Utility Taxes

A-197  Region - U.S. All-Cities

A-198  Article on Measuring Cost of Living Variation

A-199  Newspaper Article "Tri-City home values leap 20%"

A-200  Newspaper Article "Tri-City house prices lead U.S."

A-201  Tri-City Herald Newspaper Article "A solid foundation", October 14, 1993

A-202  Newspaper Article "Benton County tax appraisals surprise some"

A-203  ACCFA Cost of Living Index First Quarter 1991

A-204  Pasco Police Officer's Assoc. Actual and Real Wages

A-205  Pasco Police Officers' Association Top Step Wages for Police Officers

A-206  Pasco Police Officers' Assoc. Kennewick and Pasco (Real Wages)

A-207  Pasco Police Officers' Assoc. Richland and Pasco (Real Wages)

A-208  Pasco Police Officers' Assoc. Walla Walla and Pasco (Real Wages)

A-209  Pasco Police Officers' Assoc. Pullman and Pasco (Real Wages)

A-210  Article on Wage Parity and the Supply of Police and Firemen by David Lewin

A-211  ICMA Baseline Data Report

A-212  Washington State Cities with Populations over 15,000 Top Step Patrol Officer Wages

A-213  Summary of Employee Questionnaire Responses

A-214  Police Officer Pasco, Washington 1994 Interest Arbitration Overall Summary, March 8, 1994

A-215  Police Sergeant Pasco, Washington 1994 Interest Arbitration Overall Summary, March 8, 1994

A-216  City's Local Labor Market 1992 Population

A-217  City's Local Labor Market 1992 Assessed Valuation

A-218  City's Local Labor Market Assessed Valuation Per Capita

A-219  City's Local Labor Market Number of Officers (1992)

A-220  City's Local Labor Market Number of Crimes (1992)

A-221  City's Local Labor Market Crimes Per Officer

A-222  City's Local Labor Market Total Retail Sales

A-223  City's Local Labor Market Retail Sales Per Capita

A-224  City's Local Labor Market 5-Year Top Step Patrol Officer

A-225  Pasco Interest Arbitration - 1994 Overtime City's Comparables

A-226  Pasco Interest Arbitration - 1994 Overtime Association's West Coast Comparables

A-227  Pasco Interest Arbitration - 1994 Overtime Association's ln-State Comparables

A-228  Pasco Police Department Instruction, Chief of Police, Compensatory Time, November 18, 1986

A-229  Pasco Police Interest Arbitration 1994 City Budgets Insurance Issues

A-230  (No Exhibit A-230)

A-231  1993 Annual Report - Police Department

A-232  1992 Annual Report

A-233  City of Pasco Ampliation for Federal Assistance

A-234  Demographic data

 

PROCEEDINGS

 

This dispute, between the City of Pasco (the City or the Employer) and the Pasco Police

Officers' Association (the Association) concerns certain terms of a labor agreement to take

effect on January 1, 1993 (and expire December 31, 1994) between the City and a bargaining

unit of approximately 39 sworn police employees. The parties reached an impasse in their

negotiations on several issues. Pursuant to RCW 41.56.450, those issues were certified for

interest arbitration by the Public Employment Relations Commission (PERC) and submitted to

a panel of Arbitrators chaired by neutral Arbitrator Jane R. Wilkinson for resolution.

Evidentiary hearings were held in Pasco, Washington, on March 29, 30 and 31, 1994. Each

party had the opportunity to present evidence, examine and cross-examine witnesses and

argue its case. The neutral Arbitrator received the parties' post-hearing briefs on or about

May 9, 1994, which shall be deemed the closing date of hearing. She issued a draft for the

panel members' comment on June 3, 1994. Both parties responded, the latter of which

occurred on July 11, 1994. This final award followed.

 

STATUTORY CRITERIA

 

The relevant provisions of the Washington interest arbitration statute are as follows:

RCW 41.56.430 Uniformed personnel--Legislative declaration. The intent and

purpose of this 1973 amendatory act is to recognize that there exists a public policy in the

state of Washington against strikes by uniformed personnel as a means of settling their

labor disputes; that the uninterrupted and dedicated service of these classes of employees

is vital to the welfare and public safety of the state of Washington; that to promote such

dedicated and uninterrupted public service there should exist an effective and adequate

alternative means of settling disputes. [1973 c 131 sec. 1.]

RCW 41.56.460 Uniformed personnel--Interest 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)(i) For employees listed in RCW 41.56.030(7)(a) and 41.56.495, comparison of the

wages, hours and conditions of employment of personnel involved in the proceedings with

the wages, hours, and conditions of employment of like personnel of like employers of

similar size on the west coast of the United States; (ii) For employees listed in RCW

41.56.030(7)(b), comparison of the wages, hours, and conditions of employment of

personnel involved in the proceedings with the wages, hours, and conditions of

employment of like personnel of public fire departments of similar size on the west coast

of the United States. However, when an adequate number of comparable employers

exists within the state of Washington, other west coast employers shall not be considered;

      (d) The average consumer prices for goods and services, commonly known as

the cost of living;

      (e) Changes in any of the foregoing circumstances during the pendency of the

proceedings; and

      (f) Such other factors, not confined to the foregoing, which are normally or traditionally

taken into consideration in the determination of wages, hours and conditions of

employment. [1988 c 110 sec. 1; 1987 c 521 sec. 2; 1983 c 287 sec. 4; 1979 ex.s. c 184 sec. 3; 1973 c 131

sec. 5.]

 

In resolving the issues before me, whether or not fully articulated herein, I have been mindful

of these criteria and have given consideration to all of the evidence and arguments presented

by the parties. Additional considerations which guide my findings are as follows. As to

proposed language on non-economic items, I place the burden on the proponent to show an

overriding need for new provisions or the abrogation of previously negotiated provisions.

Elements of proof include a showing that 1) a problem exists; 2) the proposed language

reasonably solves the problem without creating unintended adverse consequences; and 3) the

benefit to the interests of the proponent outweighs any detriment to the interests of the

opponent. It also is helpful for the proponent to show that language similar to that proposed

appears in other relevant collective bargaining agreements.

 

BACKGROUND INFORMATION

 

The City of Pasco, Washington has a population of approximately 21,400 people. It is located in

in a Bureau of Census' "Small Metropolitan Statistical Area" (SMSA) (regionally known as the

"Tri-Cities) because it lies adjacent to Richland, Washington (population 34,100) and

Kennewick, Washington (population 45,100). The Tri-Cities are situated in Eastern

Washington, well over 50 miles from any other MSA. The Hanford reservation and

organizations associated with it are the economic backbone of the Tri-Cities. According to the

Washington State Labor Area Summary for the Tri-Cities, a newsletter published by the

Washington State Employment Security Department, 1988 was the low point in the Tri-Cities'

economy due to nuclear reactor shutdowns. Id., at 21 (December, 1993). In the past four

years, however, population has sharply increased. The newsletter describes a "new record" of

local employment "due to the fevered pace of employment growth at the Hanford Nuclear

Reservation for environmental restoration and waste management purposes." Id., at 22

(December, 1993). The May, 1993 edition, at 22, described the increase in (mostly seasonal)

farm employment as even "more spectacular" than the non-farm sector. "Tri-Cities housing

values increase faster this year than anywhere else in the United States," Id. Three years

ago, the median home price in bi-county region was $61,000. For the third quarter of 1993,

the figure was $102,900. Id.

 

The City of Pasco is the least affluent of the Tri-Cities when measured by median family

income or per capita assessed valuation. (Richland's median family income is 113% higher

than Pasco's and Kennewick's median family income is 63% higher than Pasco's). Pasco also

has the highest crime rate of the three cities. The Association presented evidence at hearing

that Pasco's crime rate is both quantitatively and qualitatively similar to much larger urban

areas. The City has succeeded in reducing its overall crime rate by 44% in the past five years.

However, despite this decrease, the number of certain violent crimes (rape and aggravated

assault) has risen 33% and 27.7% respectively.

 

PROPOSALS, ARGUMENTS, DISCUSSION AND AWARD

 

I.    ISSUE: WAGES

 

      A.  Proposals and Arguments:

 

            1.   Association's Proposal and Argument:

 

                  a)   The Association proposes an 11.1% wage increase for 1993, the contract's

                        first year, and an additional "CPI + 1 %" increase for the contract's second year

                        (1994), with a minimum of 3% and a maximum of 6%.

 

                  b)   As comparators, the Association proposes the following: Aberdeen, Mount

                        Vernon, Kennewick Lacey, Port Angeles, Richland, Walla Walla and

                        Wenatchee.

 

                  c)   The Association maintains that its comparator proposal is appropriate

                        because:

 

                        1.   The Factors which relate to the size, function, wealth, and location of the

                              comparator jurisdictions are most likely to produce comparators most

                              "like" the jurisdiction at issue. Therefore, the Association's multi-factor

                              approach, which took these factors into consideration, is more fair and

                              rational than the City's dual-factor approach.

 

                        2.   The City's dual-factor approach is particularly inappropriate for

                              Washington because sales tax revenue makes up a significant, yet

                              highly variable source of revenue that differs from city to city. The City's

                              nearly sole reliance on population and assessed value fails to satisfy the

                              statutory requirement that comparisons be made to "like employers."

                              While assessed valuation is probably the best measure of a city's tax

                              base and, therefore, its ability to pay, relying on assessed valuation

                              without considering retail sales distorts the data, since a retail sales tax

                              generates a significant share of local income. The number of officers

                              employed by a jurisdiction and the number of crimes per officer are

                              factors that, when taken into consideration, result in more accurate

                              comparisons of "like employers." The number of officers employed is

                              both an alternative means of measuring the size of a city, and of

                              determining whether the city is a "like employer," because as

                              departments grow in size, they generally also grow in sophistication and

                              specialization.

 

                        3.   Proximity to metropolitan areas should be a factor in selecting

                              comparators because of the effect that such proximity has on labor

                              markets and cost of living. The Association's list of comparators includes

                              both isolated rural cities and cities more proximate to Seattle on

                              Interstate 5. The City, on the other hand, includes only jurisdictions

                              located more than 50 miles from a metropolitan area, except for the

                              other two Tri-Cities.

 

                        4.   The Association's method of selecting jurisdictions that fall within half as

                              much and twice as much on the demographic factors leads to a more

                              balanced and fair list of comparators. This variance range was approved

                              both in principle and in logic by Arbitrator Gaunt. The City's plus or

                              minus thirty percent variance range is too narrow and leads to a skewed

                              result.

 

                        5.   The City's use of Benton and Franklin County "labor markets" should be

                              rejected by the Arbitrator. Arbitrators have repeatedly held that cities

                              and counties should not be compared to each other.

 

                        6.   Selection of comparators should take into account expected trends, as

                              well as current data. For instance, it should be noted that Pasco's 1993

                              sales tax revenue will be significantly higher than the sales tax reported

                              for 1992, and Pasco's assessed valuation can be expected to climb at a

                              rapid rate.

 

                        7.   The comparators should be adopted from an in-state list. Too many

                              differences exist between Washington and other states to make for

                              reasonable and fair comparators, including: different government

                              structures; varying sources of revenue and revenue structures; different

                              collective bargaining laws; different labor markets; different retirement

                              systems; and differences in cost of living. There are more than enough

                              jurisdictions in Washington that are adequately similar to Pasco to result

                              in a fair pool of comparators. However, the pool should not be limited to

                              Eastern Washington jurisdictions. Doing so results in too few

                              comparators, since there are only a few cities that are Pasco's size in

                              that region. Further, except for Kennewick and Richland, the other

                              jurisdictions of like size and tax base in Eastern Washington are rural.

 

                  d)   The comparators and other statutory considerations support the Association's

                        proposal.

 

                        1.   Where general economic conditions allow, a jurisdiction's wages should

                              be brought up to at least the average of the comparable jurisdictions. In

                              1990, Arbitrator Krebs did not award Pasco's officers a "catch-up" wage

                              increase because the City's financial condition was poor and because

                              the economy was depressed. However, the Krebs award was a

                              response to temporal conditions which have since passed. Since 1990,

                              the City has gotten its financial house in order, and now has the

                              resources to pay Pasco officers on par with comparable jurisdictions.

                              There is no valid reason under the statutory criteria why the City should

                              not be directed to do so. The entire Tri-City economy is in a near boom

                              and, as the industrial center for the Tri-Cities, Pasco can anticipate

                              future economic growth. Further, Pasco's assessed valuation is rapidly

                              rising and will continue to rise, given the lag time inherent in the

                              assessment process, and the retail sales activity is deemed by city

                              officials to be "astounding." Therefore, the City is well situated to sustain

                              the Association's wage proposal. Tri-City cost of living is growing at a

                              faster rate than the national cost of living, so the CPI indexes fail to

                              capture these cost of living increases.

 

                        2.   Pasco officers are far behind the market, even when they qualify for

                              incentive pay. Pasco officers are 10.3% behind at the adjusted top-step

                              wage, and the average officer is 14.77% behind when the total

                              compensation package is considered. The comparators indicate that,

                              regardless of what classification, what education level, or how many

                              years of service Pasco officers possess, they are always substantially

                              behind the comparators' wages. There is no reason that Pasco officers

                              should receive lower wages than those awarded in Aberdeen, Port

                              Angeles, and Wenatchee, because these jurisdictions are all similar size

                              and have a similar ability to pay, yet the officers in the comparator

                              jurisdictions have a lower cost of living and a lighter workload.

 

                        3.   An empirical relationship between compensation and workplace danger

                              for police officers has been established in comparable jurisdictions. The

                              marketplace generally compensates employees at a higher rate when

                              their workload, danger, and stress are greater than those in similar

                              positions elsewhere. The marketplace therefore responds to the need to

                              retain employees and to maintain employee morale. Because Pasco

                              officers face greater stress, a higher workload, and greater on-the-job

                              danger than officers in comparable jurisdictions, if an adequate wage

                              increase is not granted, Pasco will soon face a flood of officers leaving

                              the department. This will even further aggravate the working conditions

                              of those officers who remain.

 

                        4.   The Association should not have to sacrifice any of its proposed wage

                              increase in order to acquire its health insurance proposal, because the

                              City's health care costs are so low that granting the Association's wage

                              proposal would not alter total compensation.

 

            2.   Employer's Proposal and Argument:

 

                  a)   The City proposes a wage increase of 3.5% for the first year of the contract

                        and 3.25% for the second year. These increases are equivalent to 90% of the

                        CPI for the year preceding the increase.

 

                  b)   The City also proposes that the following jurisdictions be considered

                        comparators to Pasco; Aberdeen, Washington; Oak Harbor, Washington;

                        Pullman, Washington; Klamath Falls, Oregon; Calexico, California; and

                        Delano, California

 

                  c)   Regarding the selection of comparators, the City argues that

 

                        1.   Comparable jurisdictions should be selected from the west coast states of

                              Washington, Oregon, and California in order to comply with RCW

                              41.56.430(c). Comparable jurisdictions either should be in the local labor

                              market for Pasco or should be within thirty percent plus or minus of Pasco's

                              population and assessed valuation.

 

                        2.   Qualifying jurisdictions due to their proximity to Pasco are Richland,

                              Washington; Kennewick, Washington; Hermiston, Oregon; Pendleton,

                              Oregon; Benton County Sheriff's Department; Franklin County Sheriffs

                              Department; and Walla Walla, Washington.

 

                        3.   Qualifying jurisdictions based on population and assessed valuation are

                              Aberdeen, Washington; Oak Harbor, Washington; Pullman, Washington;

                              Klamath Falls, Oregon; Calexico, California; and Delano, California.

 

                        4.   The Arbitrator should reject the Association's comparators because the

                              Association used a "result-oriented" methodology in compiling its list.

 

                        5.   The Association's use of "theoretical" comparison factors, in addition to

                              population and assessed valuation, should be rejected.

 

                        6.   The Association's allowance for comparators within a range of fifty percent

                              below to one hundred percent above Pasco's population and assessed

                              valuation should also be rejected. This range toploads the Association's

                              comparators list with cities with a tax base and corresponding ability to pay

                              well above that of Pasco. Arbitrator Gaunt's decision is the only Washington

                              arbitration decision adopting such a range absent a stipulation between the

                              parties. All arbitrators since Arbitrator Gaunt's decision have rejected this

                              type of range.

 

                  d)   The comparators, along with the other statutory criteria, support the City's

                        proposed wage increase.

 

                        1.   The methodology for the City's wage increase is ninety percent of the CPI

                              Index for West Coast cities, Class C for urban wage workers published in

                              October of the year preceding the effective date of the wage increase. This

                              formula was adopted by both Arbitrator Krebs and by Arbitrator Levak for the

                              Pasco firefighters, as well as for Pasco public employees represented by the

                              International Union of Operating Engineers and the non-uniformed police

                              department employees.

 

                        2.   The proposed wage increase is reasonable. In 1992, when parties were

                              actively negotiating, the top step Pasco police officer wage was number five

                              out of the City's fourteen comparators. The City's proposed increase would

                              keep the top step officer's wage 2.8% above the average of the comparators.

 

                        3.   When Pasco's demographic factors are measured against either the City's

                              comparators or the Association's comparators, Pasco is at the bottom end of

                              the scale. The Association's assumption that a jurisdiction must "catch up" to

                              at least the average of the comparators is false. Some jurisdiction must be

                              first and another jurisdiction last. The jurisdictions' tax base and ability to pay

                              are prime factors in determining that positioning. Pasco employees' wages

                              across the board are well below those of employees in comparable positions

                              in Richland and Kennewick. There is no reason that the police officers

                              should be an exception.

 

                        4.   The Association's argument that the City's wage comparison is inaccurate

                              because it does not include the pension pick-up that may be paid by

                              employers in Oregon and California should be dismissed. Pension pick-up is

                              not an add-on to wages, but merely another form of benefit paid by an

                              employer, similar to a vacation or medical premium benefit. The

                              Association's desire to compare pension pick-ups in Oregon and California

                              should be disregarded because the pension systems in Oregon, California,

                              and Washington are not the same. The Association presented no evidence

                              regarding the three states' pension systems that would justify the comparison sought by the Association.

 

      B.  Discussion and Findings: Comparability

 

            1.   Selection of Comparables, In General:

            Comparability is not defined by statute. It is a relational concept that cannot be

            determined with mathematicaI precision. The interest arbitrator faces the problem of

            making "apples to apples" comparisons on the basis of imperfect choices and sometimes

            incomplete data. The arbitrator's task is to review data in evidence and devise a

            manageable list of employers that more closely resemble the important attributes of the

            subject jurisdiction than those jurisdictions not on the list.

 

            In determining comparability, arbitrators give the greatest consideration to population, past

            practice, the parties' stipuIations and geographic proximity or labor market.(1) The size of

            the tax base also is important. Similarity of positions ("like personnel") and similarity of

            employers ("like employers") are statutory requirements. RCW 41.56.460(c)(i)

_____

1    In Kaplan, Interest Arbitration and Factfinding, Some Principles and Perspectives, U. of O. LERC

      Monograph Ser. No. 13, at 29 (1994) (hereafter cited as "Kaplan"), the author suggests that the two

      most important comparability considerations are population and geography. Id., 31-33. He

      indicates that assessed valuation will be an important consideration in public safety units. Id., 33.

      See also, Bomstein & Gosline, Labor and Employment Arbitration, § 63.03[2] (Matt. Bender 1990).

_____

 

            The selection of appropriate comparators is a significant item of dispute in this case. The

            parties vigorously debate methodologies for selecting those comparators, and in addition,

            disagree on the use of the comparator analysis once a set of comparators is identified.

 

            There are several basic approaches (or several permutations on a basic approach) to

            utilizing the various demographic factors (such as assessed valuation, retail sales,

            unemployment rates, median family income) that are frequently advanced by one party or

            the other. One approach is to perform a very simple screen based on population and

            geographic location to obtain a list of comparators From that list, one determines where

            the subject jurisdiction's wages should be, relative to the average, based on a

            consideration of the remaining relevant demographic factors and ultimately, upon a

            consideration of the other statutory factors. The advantage of this approach is that it is

            simple and it tends to produce a sufficient number of comparators for a meaningful

            analysis. Also, it is highly subjective requiring the arbitrator to exercise sound judgment.

 

            A variation on the above approach is to perform the initial screen, and then use selected

            demographic data as a justification for retaining or removing jurisdictions that appear less

            comparable than the others from the list. For example, jurisdictions with abnormally high

            or low assessed values might be removed from the list. Arbitrator Levak suggests

            removing jurisdictions that pay an abnormally high or low wage. See, City of Walla Walla

            (Police Department), (Levak, 1986).

 

            Another approach is to go beyond population and geography in the initial screen. The

            most frequently used third demographic variable is assessed valuation. If the potential

            comparator universe is large, one might even use a fourth demographic variable. This

            approach has the advantage of being more mathematical. It arguably removes a level of

            subjectivity from the analysis, although one still must exercise discretion in determining the

            screens to utilize. There are several disadvantages to this approach: 1) the underlying

            demographic data may be unavailable or inadequate; 2) the choice of demographic

            characteristics used in the screen may be inappropriate; (2) and 3) the process may yield an

            inadequate number of labor market, in-state or regional comparators.

_____

2    Kaplan, supra note 1, opines that demographic characteristics used in he screen must have a

      demonstrable nexus to wages. If this correlation is not made, then compelling reasons should be

      offered "as to why such characteristics are more probative of demographic 'comparability' than

      indicators such as average annual rainfall, ... or potato chip consumption per capital." Id. at 34.

_____

 

            The approach utilized in any given case should be geared to the peculiarities of the case.

            The arbitrator's overall objective is to obtain a sufficient number of balanced comparators.

            There are, of course, no prescribed minimum or maximum number of comparators. I

            prefer a minimum of five to about a maximum of twelve. In addition, no demographic

            screen should be considered final or exclusive. For example, normally, I require all

            comparator jurisdictions considered to pass a population and geographical location

            screen. Here, however, Kennewick would fail a very generous population screen of 200%.

            Richland also is significantly larger than Pasco. Yet both parties appropriately agree that

            Richland and Kennewick are comparators (although the City would half-weight those

            jurisdictions), because of their very close proximity to Pasco.

 

            As to the method for selecting comparators in this case, I first compiled a broad

            comparator list based solely on population, geography and stipulation. As will be

            explained more fully below, using location and tax base, I narrowed the Westem

            Washington portion of that list so as to produce an Eastern Washington dominance.

            Finally, I reviewed Pasco's appropriate ranking on that list after viewing all appropriate

            factors. I found this approach gave me the best balance for purposes of analysis.

 

            As to the various demographic considerations advanced by the parties in this case, I find

            that they all have their place, although I might differ with one party or the other as to the

            method for using the data or the weight it should be assigned. I agree with the

            Association that arbitrators' past use or non use of such considerations may have more to

            do with what is presented to them than with underlying theoretical notions. I may vary my

            approach somewhat from case to case because of certain unusual circumstances of a

            jurisdiction. I make this last point because the parties agree that Pasco is unique, being a

            smaller, but higher-crime, lower-income, community located in a small, but relatively

            isolated metropolitan statistical area, whose currently heated metropolitan economy is

            causing local inflation and growth in assessed values and retail sales, but is also highly

            dependent upon a single employer-Hanford. No. Washington or even west coast

            jurisdiction comes close to this.

 

            2. Selection of Pasco Comparators

                  a) Geography

                  Of the specific demographic factors that are disputed in this case, geography is the

                  most important. As I advised the parties at hearing, I do not favor out-of-state

                  comparators, particularly California jurisdictions, when there are a sufficient number of

                  comparators in-state. Although the interest arbitration statute permits an arbitrator to

                  consider "west coast" jurisdictions, I believe the Legislature intended out-of-state

                  comparisons for larger jurisdictions having an insufficient number of in-state

                  comparators.(3)  Several arbitrators have expressed this view or some variation

                  thereon.(4)  This is not merely a statement of parochial vision. Rather, it is recognition

                  that the amount of demographic data presented at an arbitration hearing can not, as a

                  practical matter, paint the whole picture. Differences in assessed valuation cycles,

                  taxing rates and authority, public retirement systems, costs of living, regional

                  economic health and trends, overall service systems, total revenue streams, the

                  policing environment, population patterns and density, service areas and the structure

                  of local government units make comparison more difficult. For example, the City

                  proposes Calexico, California as a comparator, using a population and assessed

                  valuation (plus or minus 30%) screen. While the City points to demographic

                  information that shows some similarities with Pasco (i.e., both are part of small

                  metropolitan statistical area that is distant from a larger metropolitan area, both have

                  high crime rates, low median family income levels, similar assessed valuations, and a

                  high Hispanic population), the City does not compare, among other things, local

                  government revenue sources, nor does it suggest that the area in which Calexico is

                  located is currently enjoying a booming economy. Finally, Calexico's location right on

                  the Mexican border suggests an entirely different regional economy, as compared to

                  the Tri-Cities'.(5)  As will be set forth below, I find there are a sufficient number of

                  appropriate in-state comparators to Pasco, making resort to out-of-state comparators

                  unnecessary.

_____

3    Contrary to the City's view, the neutral Arbitrator does not believe the Legislature intended to require

      arbitrators to include out-of-state comparators in the final list of comparators, although arguably

      arbitrators must give consideration to any proposed out-of-state comparators before deciding to

      exclude them. The mandatory selection of out-of-state comparators would be an absurd

      construction of the statute. If it were required, then how many out-state-comparators would have to

      be selected? Would one satisfy the statute or would more be necessary? What if little or no

      demographic information was presented to the arbitrator on proposed out-of-state comparators. It

      seems obvious that the Legislature sought to allow discretion as to the choices. The neutral

      Arbitrator did, in fact, consider out-of-state comparators in reaching a final list. However, after

      considering them, she determined to exclude them in this case.

 

4    E.g., City of Bothell (Beck, 1953). In City of Walla Walla (Police Department), (Levak, 1986) the

      arbitrator stated: "[T]he states of Oregon, California and Alaska cannot be summarily rejected

      simply because they are out of state. However, it is proper to give less weight or apply more

      stringent standards to out-of-state jurisdictions under the circumstances of a particular case in the

      interest of ensuring that "true" comparability, or as close as possible thereto, is achieved.  Id., at 22.

 

5    For the record, one should note that the Association proposed a "faII-back" list of partially out-of-

      state comparators that included Atwater, Seaside and Grover Beach, California and Keizer, Oregon,

      as well as the Washington cities of Richland, Kennewick, Lacey and Mount Vernon. The

      Association's preferred list, however, includes only Washington cities. My rejection of California

      and Oregon comparators includes the Association's out-of-state list also.

_____

 

                  I gave serious consideration to the use of Hermiston and Pendleton Oregon. I would

                  not, however, entertain the notion that Pendleton, the larger of the two cities, is part of

                  Pasco's "local labor market." It is 65 to 85 miles from Pasco and further from Pasco

                  than is Walla Walla. Both Pendleton and Hermiston are smaller than Pasco, are not

                  located in a MSA, and their economies are primarily agricultural. Hermiston, in fact,

                  has less than half of Pasco's population, and therefore would not qualify for any

                  reasonable population criterion. And, of course, both cities are in a different state. I

                  could find no arbitration award involving a southeast Washington city that considered

                  any nearby Oregon comparators.(6)  I prefer to use the approach taken by arbitrator

                  Axon in City of Pullman (Police Department), (Axon, 1992) where he did not use

                  Moscow, Idaho as a comparator, but still took that city's pay into consideration under

                  the "other factors" criterion of the statute.

_____

6    In City of Pendleton (Fire Department), (Levak, 1991), the arbitrator refused to consider Pasco,

      Richland, Kennewick or Walla Walla as comparators for Pendleton. Instead, he picked more distant

      Oregon cities, including Ashland and Astoria.

_____

 

                  I specifically note that in the last arbitration between these parties, Arbitrator Krebs

                  selected a range of comparators that included both in-state and out-of-state

                  comparators. In the interest of continuity and predictability, I would be inclined to

                  utilize Arbitrator Kreb's list, despite my reservations about using out-of-state-

                  comparators. However, neither party proposes that list in this proceeding. The City

                  proposes, in part, a similar list, but makes modifications based on purported

                  demographic changes. The City also adds a list of what it calls "local labor market"

                  jurisdictions, so that the final City-proposed list bears little resemblance to the Krebs

                  list. In Washington, the City would drop Wenatchee from the list and add Benton and

                  Franklin Counties. In Oregon, the City would drop Grants Pass, but add Hermiston

                  and Pendleton. In California, the City would drop Barstow and add Calexico. Given

                  this deviation from the Krebs list, I find it useful to give only particular consideration to

                  Arbitrator Kreb's Washington comparators.

 

                  In sum, I believe an appropriate balance of comparators can be achieved by using in-

                  state comparators. The comparator list proposed by the Association, with the addition

                  of Oak Harbor and Pullman, would achieve this balance. However, I share the City's

                  concern about using too many Western Washington comparators (although I note that

                  the City stipulated to the use of Aberdeen). Although Western Washington and the

                  Tri-Cities currently share some important economic characteristics (e.g., healthy

                  economy, housing price increases that exceed the CPI), this is not always the case.

                  Therefore, I will limit my selection of Western Washington comparators to two. For

                  reasons set forth below at subsection g), I have selected Aberdeen and Oak Harbor. I

                  will select the remainder of the comparators from Eastern Washington.

 

                  b) The Scope of the Screen

                  There are two parts to this debate: 1) What should be the size of the screen (e.g.,

                  plus or minus 25%, 33%, 50% etc.)? 2) Should the range on the upside be adjusted

                  so that the ratio between the largest possible demographic choice and the subject

                  jurisdiction equals the ratio between the subject jurisdiction and the smallest possible

                  demographic choice? For example, if one is to consider jurisdictions with a population

                  (or assessed value) of half of Pasco's, then to preserve the symmetry, should the high

                  end of the range be twice Pasco's population (the Association's preferred approach)

                  or should it be simply 50% more (the City's preferred approach)?

 

                  In my view, the screen utilized is the one needed to produce an adequate number of

                  (usually in-state or local labor market) comparators. The objective, in addition to a

                  sufficient number, is balance. One does not "fine tune" the screen for the sole

                  purpose of adding or omitting a desirable or undesirable (in terms of pay) jurisdiction.

                  In questionable cases, one should initially err on the side of inclusion. The final list

                  should be balanced in terms of population, wealth, degree of rural isolation and the

                  like. The best argument for using the Association-preferred approach (-50% to

                  +100%) for the population screen is that in almost all cases, there are fewer larger

                  jurisdictions from which to choose than there are smaller. Therefore, this approach is

                  necessary to obtain a population balance. On the other hand, the debate is academic

                  when the balance can be obtained without that approach.

 

                  In this case, the debate is academic, at least as to the population screen. All of the

                  in-state comparators proposed by either party have a population within 25% of

                  Pasco's. The only exceptions are Walla Walla (35% larger), Kennewick (111% larger)

                  and Richland (59% larger), exceptions that are included by stipulation, and which are

                  discussed further below.

 

                  c) Like Employers

                  The City proposes Benton and Franklin Counties as comparators since they are in the

                  local labor market. While I have carefully considered this proposal and find it tempting

                  because of the unique characteristics of the Tri-Cities area, I am rejecting it on the

                  grounds that those comparators do not meet the statutory requirement of "Iike

                  employers." I note that other arbitrators have refused to compare city police

                  departments with county sheriffs' departments. E.g., City of Pullman (Police

                  Department), (Axon, 1992),(7) Snohomish County (Sheriffs Department), (Krebs,

                  1987); City of Olympia (Police Department), (DeGrasse, 1984); City of Walla Walla

                  (Police Department), (Levak, 1986); Whatcom County (Sheriffs Department), (Snow,

                  1986). In fact, I am not specifically aware of any awards that have compared county

                  and city law enforcement wages, at least over the objection of a party.

_____

7    Arbitrator Axon stated, however, that he would consider the county wage under the "other factor"

      statutory criterion, a view to me that seems reasonable so long as the evidence shows that

      comparison is being made to substantially similar jobs (i.e., skills, duties, risks and responsibilities).

_____

 

                  d) Assessed Valuation/Retail Sales

                  The parties debate the use of two measures of a Washington jurisdiction's economic

                  health: assessed valuation and retail sales.

 

                  While both parties agree that assessed valuation is an appropriate demographic

                  consideration, the City proposes (and the Association disputes) an assessed

                  valuation screen of plus or minus 30%. I find that the problem with the City's screen is

                  two-fold: First, its range is narrow, resulting in the questionable elimination of certain

                  jurisdictions. I am particularly concerned that it eliminates Wenatchee, a jurisdiction

                  that was on the comparator list approved by Arbitrator Alan Krebs. Second, it ignores

                  the retail sales factor, discussed next.

 

                  While the City is correct that retail sales are not widely used as a demographic screen

                  or significant demographic factor, this probably is because assessed valuation is

                  assumed to suffice as a measure of a jurisdiction's underlying tax base.(8) It also may

                  be considered a surrogate for other revenue sources. In Pasco, retail sales are such a

                  significant source of revenue that on a per capita basis it eclipses that of most of the

                  proposed comparators (even though most have higher per capita assessed

                  valuations). In fact, Pasco's retail sales tax revenue substantially exceeds its property

                  tax revenue. One cannot justifiably ignore sales tax revenue in this case. Therefore, I

                  conclude that the Association's preference for considering both per capita assessed

                  valuation and retail sales is a fair one.

_____

8    In Oregon, consideration of retail sales is not useful because Oregon does not have a retail sales

      tax.

_____

 

                  e) Stipulations

                  The parties agree on the use of Walla Walla, Kennewick and Richland as

                  comparators. The only serious concern with Walla Walla is that it is not in a

                  metropolitan statistical area. Its population is about 34% higher than Pasco's.

                  Richland and Kennewick are part of the local labor market and there is considerable

                  precedent for each of these cities to be considered a comparator of the other two.

                  City of Pasco (Police Department), (Krebs, 1990); City of Richland (Police

                  Department), (Beck, 1987); City of Pasco (Fire Department), (Levak, 1990). In the

                  Levak award, the arbitrator half-weighted Kennewick and Richland, however, which

                  the City urges me to do here. I agree half-weighting Kennewick (but not Richland) is

                  appropriate because it has over twice the population as Pasco. Half-weighting,

                  however, does not significantly affect the outcome, as will be shown below.

 

                  f) Crime Rate

                  The parties also vigorously debate the use of crime rate or crimes per officer as a

                  significant demographic factor. I do not agree with the City that this is a factor that

                  arbitrators routinely disregard It is not, however, an appropriate factor to use in an

                  initial comparability screen. It is something to consider after the list of comparators

                  has been identified to determine the extent to which the jurisdiction in question

                  compares.(9)

_____

9    Kaplan, supra note 1, suggests that such demographic factors as "type of industry, retail sales,

      number of employees, poverty rates, and physical area" along with workload factors should be

      considered, if at all, when justifying deviations from the comparator average. They should not be

      considered when compiling a comparator list. The employer in City of Walla Walla (Police

      Department), (Levak, 1986), at 14, essentially made this argument by maintaining that the number

      of officers, crime index, officers per 1000 "are indicative of the degree to which a particular city is

      more or less comparable, but this is much different from factors which are appropriate in the

      selection of a particular city from the rest."

_____

 

                  g) Final List of Comparators

                  Before discussing my final list, I must point out that there are a number of reasonable

                  variations on a final list of comparators in this case. In fact, I tested some variations

                  for "results" to see whether there is some characteristic that was overlooked or

                  improperly included that would produce distorted results. What I found was that any

                  reasonable combination of proposed Washington city comparators produces an

                  average wage that supports the Association's 11.1% proposal. Given the various

                  combinations before me, all of which lend good support to the Association's proposal,

                  it is not absolutely necessary for me to compile a "preferred" comparator list in order

                  to decide this case. I recognize, however, that this exercise could be useful to the

                  parties in later cases. Therefore, I will make a selection.

 

                  My final list of comparators for this case has some diverse characteristics, but is

                  necessary to achieve for balance, considering the unique circumstances of Pasco.(10)

                  My list, of course, includes the stipulated jurisdictions of Aberdeen, Walla Walla

                  Richland and Kennewick. I also will include Pullman, although I recognize the unique

                  circumstances of that community. Finally, I will include Wenatchee. Despite its

                  relatively high assessed valuation, it is an Eastern Washington city of similar size.

                  There is considerable precedent for the inclusion of both Pullman and Wenatchee.

                  Arbitrator Axon in the City of Pullman case, supra, selected Wenatchee, Pasco, Walla

                  Walla, Richland and Kennewick as comparators for Pullman. Several years before

                  that, Arbitrator Levak selected this same group of cities (including Pullman) as

                  comparators for Walla Walla. Arbitrator Krebs used these cities in the prior arbitration

                  between the parties in this case. Given this precedent, and given the many similar

                  characteristics shared by those cities, those comparators are reasonable Eastern

                  Washington choices in this case. In Western Washington, Aberdeen is selected by

                  stipulation. I also am picking Oak Harbor because Oak Harbor is closer than the

                  Association's other proposed comparables on per capita assessed valuation. It is low

                  on per capita retail sales, but while the revenues from the retail sales tax can be

                  significant for some jurisdictions, including in Pasco, the absence of a high sales

                  figure may have more to do with the non-retail nature of the community than with an

                  inherent poor financial condition. Oak Harbor is just outside the Seattle metropolitan

                  area, but is close enough to enjoy some of its economic benefits. Rejecting Port

                  Angeles and Mount Vernon, two of the Association's other three Western Washington

                  comparators, was a difficult decision because their inclusion, in this case, would be

                  beneficial to the City.  However, on a "wage-blind" basis, I have decided not to include

                  them because I believe the regional balance should favor Eastern Washington.(11)

_____

10  In compiling this list, I considered only jurisdictions that were proposed as a comparator by one

      party or the other.

 

11  Lacey, which is part of the Olympia-Seattle-Everett corridor is not appropriate as a comparator

      because of this location. Also, its per capita assessed valuation is 188% of Pasco's. Mount Vernon,

      located along I-5, is close to the above-described corridor, and has a per capita assessed valuation

      that is 201% of Pasco's. Port Angeles, which would be my next choice for inclusion, lies a distance

      (172 miles from Everett) away from the Seattle metropolitan area. I preferred a choice that was

      closer to the Seattle PMSA, but not in it. Oak Harbor met that criterion. Port Angeles' per capita

      assessed valuation is 189% of Pasco's. Retail sales, on a per capita basis, for Lacey, Mount

      Vernon and Port Angeles are within a -20% of Pasco's, which is reasonably close. Oak Harbor's

      retail sales are only 38% of Pasco's, but assessed valuation is 147% of Pasco's, which tends to

      balance out.

_____

 

                  My final list of comparators is, therefore, as follows:

                  __________

                        Aberdeen

                        Kennewick

                        Oak Harbor

                        Pullman

                        Richland

                        Walla Walla

                        Wenatchee

                  __________

 

                  The average top step base wage of these comparators is 12.11% ahead of Pasco's.

                  If Kennewick is half-weighted, Pasco is 11.7% behind the average.(12) (The average of

                  only the Eastern Washington cities is 112% of Pasco; the average of the comparators

                  I have selected here, with the Association-proffered comparators of Port Angeles and

                  Mount Vernon added, is $3050, or 110.3% of Pasco).

_____

12  The parties' expired Collective Bargaining Agreement contains five steps. The labor agreements of

      the comparators are structured more or less similarly. The parties agree that the appropriate

      "benchmark" classification for purposes of comparison is top step base wage.

_____

 

                  Of the jurisdictions on this list, I find Walla Walla to be the "most comparable" based

                  on the various demographic data provided at hearing. It is in the Tri-Cities' region,

                  (only about 45 miles away), and it enjoys a somewhat diversified economy. Its 38-

                  person police force is nearly the same size as Pasco's and its per capita assessed

                  valuation is 98% of Pasco's, which is very close. Its population is 35% larger than

                  Pasco's, which is well within a range of reason. And, like Pasco, it has the misfortune

                  of a relatively high crime rate. Its most significant "negative" is the fact that it stands

                  alone. It is not part of a metropolitan statistical area and the Hanford reservation does

                  not have the economic impact on Walla Walla as it does on Pasco. It is, however,

                  situated only 45 miles from the Tri-Cities. Its 1993 top step base police officer wage

                  was 9.3% higher than Pasco's 1992 wage.(13)

_____

13  One also should note, when comparing Walla Walla's police wage with Pasco's, that Walla Walla

      has higher compensation in the categories of holiday and vacation pay, court time minimum,

      training pay, graveyard shift differential and standby pay.

_____

 

      C.  Discussion and Findings: Other Statutory Considerations

 

            1. Total Compensation

            The interest arbitration statute directs the arbitrator to go beyond the base hourly wage.

            There are both direct and indirect variables in a compensation package that paint the true

            picture of compensation. The problem for an arbitrator, however, is determining 1) what

            variables most appropriately apply to the bargaining unit as a whole and 2) how to make

            wage premium and benefit comparisons among comparable bargaining units. As to the

            latter, wage premium and benefit packages have numerous variations, making comparison

            difficult.

 

            Since I have already determined that the base wage comparison between Pasco and its

            comparators supports the Association's position, my next step is to determine whether

            there are benefits available to Pasco officers that are not available to its comparators that

            would place Pasco's status quo in a better position relative to its comparators.

 

            After reviewing the evidence of "total compensation," I find that Pasco's lag behind the

            average of comparators is significantly greater, and not less, on a total compensation

            basis than it is on a base wage basis. Looking at the number of vacation days, holidays

            and resulting total hours worked, along with benefits and various specialty or premium

            pays, Pasco tends to lag in all areas except that its educational/longevity premium is fairly

            competitive. (See discussion under Issue 2, below).

 

            2. Ability to Pay/FiscaI Considerations

            Next to comparability, the City's financial condition is the most important consideration in

            this case. The City portrays itself as a poor community surrounded by two relatively

            affluent cities. While its hard times of a few years ago have passed, the City maintains it

            is not enjoying the surge in prosperity that Richland and Kennewick are experiencing, and

            any unexpected increases in revenues are probably only temporary. It also maintains it

            must prudently uses what revenue it has to develop the infrastructure needed to promote

            the long-term economic health of the City. The Association, while conceding that Richland

            and Kennewick are more prosperous, maintains that Pasco is, nevertheless, riding on the

            coattails of that prosperity. In fact, the City has experienced such a sharp and

            unanticipated growth in revenues that it can well afford the Association's proposal.

 

            Part of an ability to pay analysis pertains to that consideration as a stand-alone criterion.

            Another part, however, relates to comparability. That is, financial strength or weakness,

            particularly to the extent one is looking at the community generally, is a relative matter,

            and therefore, must be viewed against the communities comparators.

 

            On a comparative basis, Pasco is clearly the "poor sister" of the Tri-Cities. It also lags its

            comparators on the basis of either assessed valuation or median family income, and often

            both. On the other hand, Pasco has the industrial base for the Tri-Cities, and, importantly

            for City coffers, has a large number of automobile dealerships. At hearing, its relatively

            large (and growing) income from retail sales tax was attributed to strong vehicle sales.

            Pasco is also experiencing a Hanford-induced economic boom. While not benefiting to

            the same extent as Richland and Kennewick, its benefits, in terms of employment, retail

            sales, assessed valuations and other measures, have been substantial, and the trend is

            upward. For example, retail sales within Pasco were $258.5 million in 1987. The 1993

            annualized retail sales figure for the Pasco was about $396 million, which is a 53%

            increase over 1987. The City's retail sales tax revenue would have increased by the same

            ratio. The City's beginning fund balance was $318,000 in 1988. By 1992, its budgeted

            beginning fund balance was $1,245,000, a nearly four-fold increase. The Franklin County

            Assessor anticipates assessed values rising by 15% in 1995.(14) (Pasco, but not Richland

            or Kennewick, is in Franklin County). And, the City has enjoyed substantial unanticipated

            revenues of late.

_____

14  I note, however, as pointed out by the City, that Pasco's current assessed values are only now

      returning to the level the City enjoyed in the early 1980's.

_____

 

            In sum, I find that the City clearly has the ability to pay a wage increase up to and

            including the amount of the Association's proposal. I have considered whether a downturn

            in the region's economy would allow it to continue to absorb this increase, and while I

            recognize the risks, I believe that the Association's interest in a fair and competitive wage

            is paramount here. I have particularly in mind the fact that Arbitrator Krebs did not award

            the Association a substantial increase in his I 1990 award because the region (and the

            City's coffers) were in an economic slump. The timing was not appropriate. Conditions

            have changed markedly since then, making the timing now very appropriate.

 

            3. Cost of Living

            There are three aspects to the cost of living consideration: 1) whether the increase in

            wages over time have kept pace with (or outpaced) changes in the cost of living; 2) how

            the cost of living in the subject jurisdiction compares to its comparators; and 3) the

            appropriate measure of cost of living for computing any cost of living increases.

 

            As to the first inquiry, the Association presented evidence that the bargaining unit's

            wages, since 1988, has lost significant ground relative to cost of living increases.

 

            The subject of comparable cost of living is difficult because of the absence of reliable

            data. The Consumer Price Index published by the Bureau of Labor Statistics does not

            compare the cost of living in various geographic areas. Instead, it measures changes in

            the cost of living in metropolitan areas, regions of the U.S., and nationally. The

            Association presented the U.S. Chamber of Commerce's ACCRA index as evidence of the

            relatively high cost of living in the Tri-Cities. That index shows that the Tri-Cities' cost of

            living is second in the state, ranking only behind the Seattle PMSA. While keeping in mind

            concerns about the ACCRA index's reliability, I find the information fairly credible based on

            the independently produced information concerning the rapid increase in housing prices in

            the Tri-Cities, as previously cited.

 

            As to the cost of living measure for this bargaining unit, the parties agree that it should be

            the CPI-W (West Coast-C). The City, however, proposes that the 1994 cost-of-living

            increase be reduced by 10%. The Association argues that it should be increased by 1%.

            I see no reason to do either. Arbitrator Krebs and Levak awarded a 90% increase in City

            of Pasco cases because, at the time, the region was economically depressed and actual

            cost of living increases were less than many cities in the CPI index, particularly those in

            California. That situation has now changed. While local cost of living figures are not

            considered particularly reliable, the evidence is that, if anything, Pasco's current cost of

            living is higher than the CPI-W west coast average, primarily because of rapidly rising

            housing prices. As to cost of living increases, however, I prefer to keep the matter simple

            by awarding a second-year cost of living increase equal to the CPI.

 

            4. Other Considerations

            Evidence pertaining to "internal equity" is only relevant to the subject jurisdiction's ability to

            pay. I find that there is ample evidence that the City has the ability to pay the

            Association's proposal. Therefore, I will not consider the City's internal equity argument

            further. I found the evidence as to turnover to be inconclusive.

 

            As previously set forth, Pasco's wage lag relative to its comparators is 11.7%. I have not

            as yet addressed the question of whether Pasco wage should be the average of its

            comparators or whether it should be above or below that average. It is at this point that

            the Arbitrator must determine what increase is within a range of reasonableness relative to

            the average, considering the subject jurisdiction's ability to pay and other factors identified

            previously in this discussion. ln this case, the Association's proposed 11.1% increase will

            produce the following 1993 wage ranking for officers with five years of service (bold-face

            type).(15) (For purposes of discussion, this analysis assumes the entire 11.1% is

            implemented the first day of the contract):

__________

                                                Top Step        W/5 yr.      W/10yr.

                                                Base Wage   Longevity Longevity

                        Kennewick      $3247             $3247        $3247

                        Wenatchee     $3207             $3239        $3271

                        Richland         $3236             $3236        $3256

                        Aberdeen        $3227             $3227        $3227

                        Average*        $3089             $3105        $3124

                        Pasco              $3072             $3072        $3072

                        Oak Harbor    $2983             $3043        $3102

                        Walla Walla    $2935             $2952        $2960

                        Pullman           $2864             $2864        $2864

                        _____

                        * Average excludes Pasco and weights Kennewick at one-half.

__________

15  I believe that compensation is most appropriately measured after factoring in all benefits enjoyed by

      either all of the bargaining unit or by those bargaining unit members whose status is similar to a

      substantial number of bargaining unit members in the subject jurisdiction. In this case, because the

      parties agree that the appropriate benchmark is top step, factoring in the five and ten-year longevity

      premiums paid by some comparable jurisdictions is, therefore, more appropriate than a simple

      consideration of base wage.

_____

 

            Given the problematic economic conditions in Pasco, as well as other considerations

            identified previously, such as the higher assessed valuations of the higher-ranking

            comparators and the significantly lower pay in neighboring Oregon jurisdictions, I conclude

            that a somewhat below-average ranking is appropriate. However, considering Pasco's

            crime rate and its current economic climate, this ranking should not be any lower.

            Because of Pasco's metropolitan location and also because of historical rankings,(16) Pasco

            appropriately ranks higher than Walla Walla and Pullman. When longevity pay is factored

            in, Pasco and Oak Harbor pay nearly the same.

_____

16  In 1989, the top step base wage for Walla Walla was 96.4% of Pasco's. According to the

      Association's evidence, this wage differential steadily narrowed over the intervening years until

      Walla Walla's base wage exceeded Pasco's. With an 11.1% increase for Pasco, the ratio will be

      nearly maintained, with the top step base wage for Walla Walla being 95.5% of Pasco's. Similarly,

      Pullman's 1988 wage was 91.4% of Pasco's. With Pasco's 11.1% increase, the ratio will be 93.3%.

_____

 

      D. Award

      I conclude that the Association's 11.1% proposal is fair and reasonable, but, because it is a

      sizable amount, I will order it phased in over the first three quarters of the Collective Bargaining

      Agreement (which I specifically note is of as much detriment to the employees as it is an

      advantage to the City). Four percent will be effective as of January 1, 1993. An additional 4%

      will take effect on July 1, 1993. The remaining 3.1% will take effect on January 1, 1994.

      These amounts will not be compounded. This increase is in addition to the cost of living

      increase I am awarding for the second year of the contract. Effective January 1, 1994,

      bargaining unit members will receive a cost of living adjustment that is equal to the pertinent

      change in the CPI-W (West Coast-C Index) for the year ending October, 1993, with a floor of

      3% and a ceiling of 6%.

 

II. ISSUE: EDUCATIONAL/LONGEVITY INCENTIVE (ARTICLE XVIII)

 

      A.  Proposals and Arguments:

 

            1. Association's Proposal and Argument

            The Association proposes to increase the Article XVIII premium for degree

            attainment/longevity by adding a new level of premiums for officers with 16 or more years

            longevity. An employee with 16 or more years and an AA (AS) degree would receive a 5%

            per month wage premium. An employee with 16 or more years and a BA (or BS) degree

            would receive a 10% per month premium. The Association would eliminate the special

            categories for Sergeants and Corporals and for Evidence Technicians.

 

            The Association contends that its proposal on professional development is supported by

            comparators. Pasco sergeants and corporals receive a lesser differential than that

            awarded in comparable jurisdictions, which consequently pushes the Pasco officers even

            further behind in the market. While redressing the education schedule will not overcome

            that inequity, it will at least remove one factor that pushes Pasco officers even further

            behind the market.

 

            2. Employer's Proposal and Argument:

            The Employer would retain the existing contract language. In support of the current

            language, the City argues that current contract language includes a Career Development

            Plan, which serves both as an incentive for officers to continue their education, and to

            provide a monetary award for those officers with two and four-year degrees. This current

            language should remain unchanged. In 1990, Arbitrator Krebs changed the fixed dollar

            amounts to percentage figures. Contrary to Krebs' expectations, the Association has

            continually sought an upward adjustment of the percentage figures. The Association

            presented no substantial evidence to show that a raise in the percentage figures is

            justified. The current percentages are in step with comparable jurisdictions. Eight of the

            thirteen comparators don't pay any sort of straight longevity, and only two jurisdictions pay

            both an education incentive and a straight longevity.

 

      B. Discussion, Findings and Award:

      I approach proposals to increase premium and incentive pay cautiously. I am concerned that

      such proposals would substitute the arbitrator's judgment for management's as to which skills

      or work management should place a premium. Second, the cost to the employer is not easily

      measured and can be easily overlooked in future negotiations, when the focus shifts back to

      base wages. As a consequence, I award such proposals only when they rest upon clear and

      strong comparator support.

 

      Here, the Association's proposal lacks strong comparator support. In fact, viewed as an

      educational incentive premium, it goes beyond what is offered by all of its comparators. I

      realize that the proposal, which is based on a current contractual scheme, is a combination

      longevity/educational premium, making comparison difficult. However, even with comparator

      educational and longevity premiums added together, the proposal goes beyond that which is

      offered by the City's comparators, (Oak Harbor is an exception; it pays a generous longevity

      premium and educational incentive). I note that Arbitrator Krebs rejected a similar proposal in

      the prior arbitration between these parties on the grounds it was not supported by an

      examination of comparators. I make the same finding. Accordingly, I will not award the

      Association proposal.

 

Ill.  ISSUE: OVERTIME (ARTICLE VIII, SECTIONS 2 AND 3)

 

      A.  Proposals and Arguments:

 

            1.   Association's Proposal and Argument

            The Association proposes to amend Article VIII, Section 2 by:

 

                  a)   increasing the three hour caIl-back minimum to four hours (which is paid the

                        overtime rate);

                  b)   providing that time worked as a shift extension will be paid at the overtime rate for

                        the actual time worked;

                  c)   deleting all existing language pertaining to court time-induced overtime, with the

                        effect that court time would be paid the call-back minimum or the shift extension

                        overtime rate, whichever is applicable;

                  d)   deleting language requiring straight-time pay, minimum two hours, for in-service

                        training outside of the scheduled shift, with the result that in-service training

                        would be paid the overtime rate;

                  e)   providing that straight-time pay would be given for travel time to and from classes.

                        (The expired contract simply states that overtime will not be paid for travel time);

                        and

                  f)    adding language that employees could opt to receive their overtime pay in cash

                        or in compensatory time (maximum accumulation of 160 hours), and that

                        compensatory time off will be scheduled at the convenience of the employee and

                        the Employer.

 

            To support its proposals, the Association contends:

 

                  1.   Its proposal to increase callback time from a minimum of three hours to four hours

                        is supported by comparability, fairness, and law. Callback produces a great

                        degree of disruption in officers' lives. Therefore, interruption to the officers' days

                        off cannot be measured just by the amount of time they actually spend working

                        when called back. A single half-hour callback can disrupt an entire day off.

 

                  2.   While it is true that most of the comparators do not have a four-hour callback

                        minimum, the proposed increase is justified due to Pasco's enormous crime

                        problem and due to the fact that Pasco officers are the lowest paid police force of

                        all cities in Washington with a population of more than 15,000.

 

                  3.   The Association's second proposal related to callback would simplify the existing

                        contract language. The current language is complicated and wasteful. For

                        example, if an officer is called back and spends less than one hour in court, the

                        officer receives two hours of overtime pay. However, if the actual time spent in

                        court is more than one hour, the officer receives three hours overtime pay.

                        Therefore, officers believe that they must spend at least one hour in court each

                        time they are called back in order to be properly compensated for the intrusion

                        into their personal time. Another example is the fact that officers who spend over

                        three hours in court are compensated for their actual time only so long as they

                        are actually in the courtroom or the public safety building prior to giving testimony.

                        This clause produces the ridiculous result of prohibiting an officer from going

                        across the street to have lunch while a trial is in recess, because that time would

                        not be compensable. No similar provisions are found in any of the comparable

                        jurisdictions, and no rational justification exists for this type of restriction. The

                        Association's proposal remedies all these problems with a single sentence, by

                        drawing a distinction between callback time that is before or after a shift, and

                        callback which is beyond a regular shift or on a day off.

 

                  4.   The Association has proposed an amendment dealing with training time because

                        many of the current provisions do not comply with the Fair Labor Standards Act.

                        Current language states that in-service training that occurs outside of a regular

                        shift shall be paid at an employee's regular rate of pay. This language should be

                        stricken because it does not compensate officers for the exhaustion and risk

                        involved. For instance, if an officer's shift runs from 11:00 p.m. until morning, and

                        the officer is then required to attend in-service training all day until 5:00 p.m., and

                        then must begin his shift again at 11:00 p.m. that same evening, the officer will be

                        physically and mentally exhausted.

 

                  5.   Paying officers at their regular rate for in-service training is also in violation of the

                        Fair Labor Standards Act, which requires employees be paid time and one-half

                        for all hours worked in excess of forty hours in any workweek. If in-service

                        training constitutes hours worked, then that time must be added into the total

                        hours worked in determining overtime compensation.

 

                              A) It is well-settled under the Fair Labor Standards Act that training time is

                              compensable hours worked unless four criteria are met: 1) attendance

                              occurs outside the employee's regular shift; 2) attendance is not required by

                              the employer; 3) the employee does no productive work while attending

                              training; and 4) the training is not directly related to the employee's job.

 

                              B) Because attendance at in-training is mandatory for Pasco officers and

                              because the training is clearly related to the officers' present jobs, the

                              employees should be paid overtime for time spent at in-service training if that

                              training expands an employee's work week to more than forty hours.

 

                              C) The Association proposes compensating employees at their regular rate

                              of pay for time spent traveling to training classes. The Association's proposal

                              would solve the problem of varying interpretations by the City for when an

                              employee will be compensated for travel time to in-service training. The

                              Association's proposal is a compromise between the status quo and the

                              maximum compensation arguably allowed by the Fair Labor Standards Act.

                              A strong argument could be made that the Fair Labor Standards Act requires

                              overtime compensation for travel time if the time spent traveling pushes the

                              employee's work week past forty hours.

 

                  6.   The Arbitrator should reject the City's proposal concerning compensatory time.

                        The City is attempting to gain sole discretion over the use of compensatory time,

                        and produced no evidence showing that the current compensatory time system

                        needs adjusting. Compensatory time is permitted as a benefit to the City, by

                        allowing the City to reduce the costs of overtime by trading time off instead of

                        paying cash. In exchange, the Fair Labor Standards Act allows the employee to

                        select, within certain limits, when to utilize the accrued time. The current standard

                        strikes a fair balance between the needs of the City and the employee, and has

                        worked well in the past for both parties.

 

                  7.   The Arbitrator should adopt the Association's proposed increase of the accrual

                        cap from 80 hours to 160 hours. The increased cap would allow the City to save

                        more money on overtime and it would reduce the occasions when employees

                        must take compensatory time off at inconvenient times to avoid going over the

                        current cap. In addition, the Association's proposal protects the City, in that it

                        considers staffing needs when determining when compensatory time off is

                        appropriate.

 

            2.   Employer's proposal and Argument:

                  The Employer proposes to retain most of the existing overtime language of Article XIII.

                  However, the Employer proposes to add language to Section 3.a. stating that: "Travel

                  time to and from classes shall not be claimed as compensable time unless required by the

                  FLSA. To the extent reasonably practical, the employer will continue to attempt to adjust

                  an employee's work shift to cover the time reasonably required for travel when the training

                  is more than fifty (50) miles from the City of Pasco." The Employer also would add a new

                  Section 4 that permits compensatory time in lieu of overtime pursuant to the City's

                  Administrative Order No. 43, dated September 2, 1986.

 

                  In support of its proposal, and in opposition to the Association's, the City argues that:

 

                  1.   In 1990, Arbitrator Krebs rejected the Association's proposal to raise two and

                        three-hour callback minimums to four hours, finding that there was nothing

                        inherently unfair about two and three-hour minimums. Out of fourteen

                        comparators, only Richland provides a four-hour minimum at the overtime rate.

 

                  2.   The Arbitrator should reject the Association's proposed elimination of the overtime

                        exception for in-service training. This provision was negotiated due to a mutual

                        desire of both the City and the Association to provide additional training to police

                        officers and in order to insure officers' proficiency and job safety. The

                        Association's proposal would impose a hardship on the City's training budget.

 

                  3.   Section 3(a) - travel time overtime: The Arbitrator should reject the Association's

                        proposal to require the City to pay employees for all time spent traveling to and

                        from in-service training. Arbitrators are usually unwilling to grant compensation for

                        travel time in the absence of a specific agreement between the parties to that

                        effect. None of the comparators supplied by either party provide for compensated

                        travel time. The City has made a special effort to adjust employees' schedules so

                        that their travel time to out-of-town in-service training occurs during their regular

                        work shift. The City is willing to add language to this provision to formally

                        recognize this practice.

 

                  4.   Compensatory time: Past contract language has permitted police department

                        employees to accrue and utilize up to eighty hours of compensatory time. The

                        City is willing to continue this practice and will reference Administrative Order No.

                        43 in the parties' agreement. In the alternative, the City is willing to place the

                        pertinent language from Administrative Order No. 43 directly into the parties'

                        agreement.

 

                  5.   The Arbitrator should reject the Association's proposal to allow accrual of up to

                        160 hours of compensatory time and to give the employees complete control over

                        whether they receive overtime rate pay or compensatory time accrual for overtime

                        work. Employee leaves complicate scheduling and often necessitate calling back

                        other officers at overtime rates of pay. The Association's proposal would allow the

                        employees to manipulate scheduling to their own individual needs, rather than the

                        department's needs, and would cause an increase in departmental overtime

                        expenditures. The current accrual limit of eighty hours is similar to the

                        comparators: seven of thirteen comparators require both employer and employee

                        to agree on compensatory time election. The Association did not meet its burden

                        of proof by merely introducing the testimony of one officer who desires additional

                        compensatory time accrual. The Association is seeking additional accrual so that

                        the employees may use compensatory time as an additional bank account, from

                        which to obtain payment at a later date after pay increases have occurred. Only

                        one officer has already accrued eighty hours of compensatory time, while

                        twenty-one officers have below twenty hours of accrued time.

 

      B.  Discussion, Findings and Award:

 

            1. Call back minimum (including court-induced overtime). Arbitrator Krebs, in the prior

            arbitration between these parties, rejected the Association's proposal to increase the two

            and three hour call-back minimum on the grounds that there was nothing inherently unfair

            about the contract as written and because the proposal was not supported by the City's

            comparators. I will deny this proposal for the same reasons. While the existing language

            may appear cumbersome, it was negotiated and agreed to willingly by the parties. There

            is no reason for the Arbitrator to undo this accord.

 

            2. In-service training outside of the scheduled shift. The question here is a close one

            because Association's evidence indicates that the Association's proposal has some

            support (though not universal support) from its comparators. But, the current language

            was reached by a mutual agreement of the parties and I am not inclined to change it. To

            the extent that an existing practice or existing contract language violates employee rights

            under the Fair Labor Standards Act (FLSA), the FLSA prevails, and the employees may

            pursue their remedy with the appropriate state or federal agency.

 

            3.   Pay for travel time to training. As cited by the City, Arbitrator Krebs found:

 

                  There is insufficient basis for the Association's request that all travel time to and from

                  in-service training should be considered as time worked. Such a request is contrary

                  to language which has previously been negotiated by the parties. The Association's

                  request is unsupported by reference to the comparable cities or by other evidence.

                  No change in contract language shall be ordered in this regard.

 

                  The parties have previously agreed that travel time to and from training classes

                  cannot be counted as overtime. Even in the absence of such language, Arbitrators

                  have usually been unwilling to grant compensation for travel time in the absence of a

                  specific agreement to that effect. (Citations omitted).

 

            Again, the question is a close one because of comparator support. On the other hand, I

            agree with Arbitrator Krebs that provisions that the parties have specifically negotiated

            should not be easily undone. Although the Association argues that the existing Contract

            language is a violation of the FLSA, again, the Association can pursue its legal remedies if

            it is. Therefore, I will deny the Association's proposal.

 

            The City proposes language that would memorialize the current practice of having an

            employee's work shift adjusted to cover the time reasonably required for travel when the

            training is more than 50 miles from Pasco. I find this to be a reasonable proposal, and I

            will award it.

 

            The City also proposes language stating that: "Travel time to and from classes shall not be

            claimed as compensable time unless required by the FLSA." While this seems fair in

            intent, I would quibble with the word "claimed" which an employee could find inhibiting

            because it might be interpreted as putting the onus on the employee to know whether the

            travel time is FLSA compensable. Therefore, I will change the word "claimed" to "paid," so

            that the language reads: "Travel time to and from classes shall not be paid as

            compensable time unless required by the FLSA." With this modification, the City's

            language change on travel time is awarded.

 

            4. Compensatory time. As the City points out, the Collective Bargaining Agreement

            does not spell out the rules on the accrual and use of compensatory time. The City has

            been following rules and procedures set out in an Administrative Order issued unilaterally

            by the City Manager a number of years ago. The City proposes to memorialize that

            practice in the Collective Bargaining Agreement. That policy basically leaves the accrual

            and taking of compensatory time to the supervisor's discretion, which a maximum of 80

            accrued hours. The Association's proposal would give employees the choice of whether

            to take paid overtime or compensatory time and would allow them to accrue up to 165

            hours of compensatory time.

 

            The City particularly opposes the lifting of the ceiling, because compensatory time creates a

            significant liability for the City. Often, when an officer takes compensatory time off,

            another officer needs to be scheduled and may work overtime. If that officer takes his

            overtime in compensatory time off, another officer may need to work overtime and so forth

            in an upward spiral. The City also is concerned that the compensatory time accrued will

            be cashed in later at a higher pay rate. It co mpares compensatory time to a credit card. It

            has no present cost to the City, but creates a significant liability that has to be paid off

            sometime.

 

            I agree with the City that compensatory time off can ultimately be an expensive option for

            management. Its use should be managed carefully. I do not find support for the

            Association's proposal in the City's comparators. Nor has the Association made a

            showing of other necessity. Therefore, I will deny its proposal.

 

            As to the City's proposal, while I believe that memorializing a current practice in the

            contract is a good idea, there are a few parts of the Administrative Order that I find inimical

            to the interests of employees. For example, it gives Department Heads the unrestricted

            discretion to lower the compensatory time accrual limit "for appropriate management

            purposes."

 

            Although the parties are engaged in a fierce debate over compensatory time, in fact there

            have not been problems.  One potential grievance was resolved early. Accordingly, I find

            no reason to change the status quo, which seems to be working well enough. I will not

            award either party's proposal.

 

IV. ISSUE: HEALTH INSURANCE (ARTICLE X)

 

      A.  Proposals and Arguments:

 

            1. Association's Proposal and Argument:

            The Association proposes to delete the $302.50 cap on the Employer's contribution to the

            medical and dental insurance premium. In its place, the Association proposes language to

            require the Employer to pay 100% of the monthly premium. The Association also

            proposes improvements to the vision care (from a $200 maximum to full employee and

            dependent coverage) and life insurance (from $15,000 to $25,000 coverage) packages.

 

            The Association argues that the proposed changes are necessary because:

 

                  1.   The City's method for setting its self-insurance rate is flawed. The information

                        presented by the City revealed that its rate lumps the LEOFF II and LEOFF I

                        officers together, despite the fact that statutory mandate guarantees LEOFF I

                        officers a more extensive (and therefore a more expensive) health insurance

                        plan. Further, the City also included LEOFF I retirees in its rate calculations.

 

                  2.   The effect of the City's methodology is to require LEOFF II officers to subsidize

                        the City's obligation toward LEOFF I retirees, because LEOFF II officers will never

                        be eligible for LEOFF I benefits. Consequently, the City is imposing on LEOFF II

                        officers the burden of sharing in a cost that the Legislature has mandated upon

                        the City.

 

                  3.   The Association met its burden in proving that the City's cap computation was

                        improper in light of the City's self-insurance scheme. By using widely varied

                        contributions and reserve standards, the City's rate is essentially whatever the

                        City wants to say it is. The Association has no objection to the City's freedom to

                        contrive such a rate, so long as the City pays for 100% of the cost of its fictional

                        rate.

 

                  4.   Neither internal equity nor comparability support the City's proposal of a cap. An

                        overwhelming number of in-state comparables provide 100% health insurance

                        coverage. The City provides its firefighters 100% coverage.

 

            2. Employer's Proposal and Argument:

 

            The Employer proposes to raise the medical and dental insurance cap to $332.75, with

            50-50 cost sharing between the Employer and each employee for amounts over $332.75

            and up to $387.77 monthly. The Employer would pay 100% of any excess premiums

            above $387.77 per month. The City would retain the right to maintain a $100/$300

            deductible ($25/$75 deductible dental) and an 80%/20% co-pay. The City also proposes

            language permitting it to conform benefits to any state and federal legislative changes and

            allowing a reopener under certain conditions in the event of such changes.

 

            Explaining its proposal, the City states:

 

                  1.   By remaining the current language, the City would retain the right to maintain a

                        self-insurance program or to select insurance carriers; maintain a medical

                        deductible of $100 per person and $300 per family; maintain an 80/20% co-

                        insurance applied to all medical and dental expenses; maintain a maximum $25

                        dental deductible per person and $75 per family; maintain LEOFF II Officers'

                        eligibility for an annual maximum $200 reimbursement for vision care; and

                        maintain an employer-paid $15,000 face value term life insurance plan.

 

                  2.   As noted by Arbitrator Krebs, it is not unreasonable for employees to bear some

                        risk in the event of rising health insurance costs. The Association has failed to

                        present substantial evidence justifying its proposal for vision insurance

                        improvements, elimination of the premium cap, an increase in life insurance

                        benefits, and the prohibition of the City's self-insurance program or selection of

                        insurance carriers.

 

                  3.   The City's self-insurance program is modeled after a private insurance industry

                        program. The City has maintained good industry practices and has contracted

                        with a professional claims administrator and a local broker to help the City

                        evaluate on an on-going basis its self-insurance program, including administration

                        costs, in order to keep its premium rates down. The City's program has been

                        successful, as illustrated by the lack of any rate increase over the past two and

                        one-half years.

 

                  4.   Because there are so many unknowns concerning the new state health care

                        program, and because the parties will be initiating new negotiations later this year

                        for a successor contract, the parties' current health care plan should be left alone

                        at this time. The parties should deal with this matter when negotiating a

                        successor agreement, when there will be more certainty as to the effect of the

                        new state health care plan.

 

      B. Discussion, Findings and Award:

 

      My experience with other self-insured jurisdictions is that composite rates are based upon the

      entire risk pool, being the entire self-insured unit of government. Thus all employees of a

      single employer are in the same risk pool and are assigned the same composite rate. In this

      case, the City has one composite rate for police officers, and one or more composite rates for

      other employees. This strikes me as unusual. (However, the City presented evidence that it

      simply modeled its composite rate structure on that which was used by the private carrier from

      whom it formerly purchased insurance). On the other hand, what the Association seeks seems

      worse: It seeks two different composite rates for police employees alone: a LEOFF I rate and a

      LEOFF II rate. Despite the Association's expert's testimony, I am not convinced that this is

      an actuarially sound or accepted practice. The composite rate for police officers does not

      strike me as inherently unfair. It is a fairly low figure as such rates go, and the rate has not

      been increased for two-and-a-half years, which is a record many employers would envy.

 

      I am troubled also by the remedy that the Association seeks. Instead of a remedy that would

      recalculate the composite rate, the Association seeks 100% coverage. Full coverage,

      however, is not the natural and logical consequence of an improper means of calculating the

      composite rate. While such a remedy would certainly get the City's attention, it would also put

      the City to a disadvantage that exceeds its transgression, if there is one. This is especially

      true given the fact that the rates have not exceeded the specified contractual cap, so that

      health insurance premiums continue to cost bargaining unit employees nothing.

 

      As to the Association's proposals to improve vision insurance and life insurance, they were not

      supported by evidence and will not be awarded.

 

      I find that the Employer's proposed increase to the insurance cap is reasonable and I will

      award it. The Employer's proposal permitting it to conform benefits to state and federal

      legislative changes and allowing a reopener in the event of such changes does not seem

      necessary. The Employer did not provide evidence of, nor have I seen, other labor

      agreements with such language, even though employers both state-wide and nation-wide

      could be affected. Presumably, such legislation will make allowances as necessary for

      collective bargaining agreements.

 

V.  ISSUE: SCOPE OF AGREEMENT (ARTICLE II, SECTIONS 2 AND 3)

 

      A.  Proposals and Arguments:

 

            1.   Association's Proposal and Argument:

            Article II, Sections 2 and 3 of the expired Collective Bargaining Agreement contains a

            "zipper" or "entire agreement" clause that the Association seeks to amend as follows (the

            underlined language would be new; the stricken language deleted):

 

                  Section 2. The Agreement expressed herein in writing constitutes the entire agreement between the

                  parties arrived at during negotiations and no oral statement shall add to or supersede any of its

                  provisions during contract years 1991 through 1992. Provided, however, if the parties hereto have

                  commenced negotiations for a new contract in accordance with statutory requirements and such

                  negotiations are continuing at the termination date written above, the provisions of this Contract shall

                  remain in full force and effect until the parties reach impasse in their negotiations or the effective

                  date of a new contract, whichever first occurs. Nothing herein shall be construed to interfere with

                  any person's ability to initiate a representation question or election with PERC.

                        Section 3. The parties acknowledge that each has had the unlimited right and opportunity to

                  make proposals with respect to any matter being the proper subject for collective bargaining. The

                  results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise

                  provided in this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the

                  other party to bargain with respect to any subject or matter not specifically referred to or covered by

                  this agreement.

 

            In support of its proposal, the Association contends that it is necessitated by previous

            interpretation problems between the Association and the City.

 

            2.   Employer's Proposal and Argument:

            The Employer proposes to retain the existing language of Sections 2 and 3. In support of

            the status quo, the Employer argues:

 

                  1.   The Association's proposed deletion of language prohibiting oral statements from

                        "adding to" or "superseding" provisions of the written agreement is contrary to

                        law.  RCW 41.56.030(4) requires parties to collective bargaining to "execute a

                        written agreement." The Association's proposal would open the field to disputes

                        over the content of the agreement. The Association has introduced no

                        substantial evidence supporting the need for the purposed change in contract

                        language, and therefore has not met its burden of proof.

 

                  2.   The language continuing the provision of the agreement through impasse should

                        remain unchanged. By preserving the status quo during negotiations, even if

                        negotiations continue beyond the agreement's termination, stable labor relations

                        are promoted. The Association presented no substantial evidence to justify the

                        removal of this language.

 

                  3.   The existing language of Section 3 should be preserved because a zipper clause

                        has continuously existed in the parties' collective bargaining agreements since at

                        least 1984. Zipper clauses are found in comparable jurisdictions, including

                        Richland, Delano, Kennewick, and Oak Harbor. The Association has not met its

                        burden of proof concerning the need to change this contract provision.

 

      B. Discussion, Findings and Award:

      I have my doubts as to the efficacy of language such as that found in Article II, Sections 2 and

      3. On the other hand, the parties agreed upon this language voluntarily and I am not inclined

      to change it absent a showing of need. (See also my criteria for evaluating proposed

      language changes set forth in the introductory section of this award). The Association has not

      made such a showing in this case. To the extent the City interprets its rights and obligations in a

      manner contrary to law, the Association may pursue its legal remedies. I note that Arbitrator

      Krebs rejected changes to this language in the prior interest arbitration between these parties.

      I will do so also.

 

SUMMARY OF AWARD

 

I. WAGES

 

1993 wages for this bargaining unit will be increased by 11.1% as follows: Bargaining unit

members will receive a four percent (4%) increase effective as of January 1, 1993 An

additional four percent (4%) will take effect on July 1, 1993. The remaining three and one-

tenths percent (3.1%) will take effect on January 1, 1994. These amounts will not be

compounded. This increase is in addition to the cost of living increase I am awarding for the

second year of the contract:. Effective January 1, 1994, bargaining unit members will receive a

cost of living adjustment that is equal to the pertinent change in the CPI-W (West Coast-C

Index) for the year ending October, 1993, with a minimum increase of three percent (3%) and

a maximum increase of six percent (6%).

 

I. Educational/Longevity Incentive (Article XVIII)

 

There will be no change to the contract. The Association's proposal is not awarded.

 

III. Overtime (Article VlIl, Sections 2 and 3)

 

The Association's proposal is not awarded. The following (slightly modified) language

proposed by the City will be added to the contract.

 

      Travel time to and from classes shall not be paid as compensable time unless

      required by the FLSA.

 

      To the extent reasonably practical, the employer will continue to attempt to adjust an

      employee's work shift to cover the time reasonably required for travel when the

      training is more than fifty (50) miles from the City of Pasco.

 

Otherwise, the language of the prior contract will remain unchanged.

 

IV. Issue: Health Insurance (Article X)

 

The Association's proposed changes to this article are not awarded

 

The Employer's proposal to raise the 1993-94 medical and dental insurance cap to $332.75,

with 50-50 cost sharing between the Employer and each employee for amounts between

$332.75 and $387.77 monthly, and with the Employer paying 100% of any excess monthly

premiums above $387.77, is awarded.

 

The Article X language will otherwise remain unchanged.

 

V. Scope of Agreement (Article II)

 

The Association's proposed language changes are not awarded. This Article will remain as it

was written in the parties' previous Collective Bargaining Agreement.

 

Dated: July 12, 1994

 

/s/________________

Jane R. Wilkinson

Neutral Arbitrator and

Chairperson

 

_______________________________          _______________________

James W. Chase, Assistant Finance Michael D. Aldridge, PPOA

Director, City of Pasco                      Representative

 

Concurs on Issues: _______________         Concurs on Issues:___________

and dissents on Issues:____________          and dissents on Issues:_______

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