INTEREST ARBITRATIONS

Decision Information

Decision Content

City Of Pullman

And

Pullman Police Officers’ Guild

Interest Arbitration

Arbitrator:      Gary L. Axon

Date Issued:   03/16/1992

 

 

Arbitrator:         Axon; Gary L.

Case #:              09223-I-91-00204

Employer:          City of Pullman

Union:                Pullman Police Officers' Guild

Date Issued:      03/16/1992

 

 

IN THE MATTER OF                                              )

                                                                                    )

INTEREST ARBITRATION                                   )           NEUTRAL ARBITRATOR'S

                                                                                    )

BETWEEN                                                                 )           OPINION AND AWARD

                                                                                    )

PULLMAN POLICE OFFICERS' GUILD, )           (1990-1992 CONTRACT)

                                                                                    )

                                                            Guild,              )

            and                                                                  )          

                                                                                    )

CITY OF PULLMAN,                                               )

WASHINGTON,                                                       )

                                                            City.                )          

 

           

HEARING     SITE:                                                              City Hall

                                                                                                Pullman, Washington

 

HEARING DATES:                                                              December 15, 16, 1991

 

POST-HEARING BRIEFS DUE:                                        February 3, 1992

 

RECORD CLOSED ON RECEIPT OF BRIEFS:              February 6, 1992

 

ARBITRATION PANEL:                                                     Michael B. Austin

                                                                                                Guild Appointed Member

 

                                                                                                Scott C. Broyles

                                                                                                City Appointed Member

 

                                                                                                Gary L. Axon

                                                                                                Neutral Arbitrator

                                                                                                1465 Pinecrest Terrace

                                                                                                Ashland, OR 97520

 

CITY REPRESENTATIVE :                                                Roy Wesley

                                                                                                ELMS, Inc.

                                                                                                PO Box 7164

                                                                                                Kennewick, WA 99336

                                                                                   

GUILD REPRESENTATIVE:                                              Daryl S. Garrettson

                                                                                                Aitchison, Hoag, Vick

                                                                                                & Tarantino

                                                                                                Labor Consultants

                                                                                                1313 NW 19th

                                                                                                Portland, OR 97209

 

 

The issues submitted to interest arbitration are as

 

follows:

 

 

INDEX OF ISSUES

           

            ISSUE                                                             PAGE

 

            1 .        Wages                                                             7

            2.         Guild Security                                                30

            3.         Supervisory Duties                                        35

            4 .        Overtime                                                        40

            5 .        Holidays                                                         48

            6 .        Vacations                                                        54

            7.         Premium Pay                                                  57

            8.         Training Standards                                        61

            9.         Education/Longevity                                      67

            10.       Druq Testing                                                  71

            11.       prevailing Riqhts                                            78

            12.       Pay  Days                                                       82

 

 

INTRODUCTION

 

 

            This case is an interest arbitration conducted pursuant

to RCW 41.56.450, 452, and 460 respectively.  The parties to this

dispute are the City of Pullman, Washington (hereinafter "City")

and the Pullman Police Officers' Guild (hereinafter "Guild").  The

status quo is represented by a Collective Bargaining Agreement

between the City of Pullman and Teamsters Union Local 690 in a

contract which covered the period 1987 through 1989.  The Guild

succeeded the Teamsters as the representative of people employed in

the Pullman Police Department.   There are 21 members of the

bargaining unit represented by the Guild.  The Chief of Police is

William T. Weatherly.

 

            The City of Pullman is located in Whitman County, 76

miles south of Spokane and 7 miles west of the Idaho border.  The

City encompasses a land area of 5.9 square miles.  Whitman County

is primarily an agricultural county. On the north end of the City,

Washington  State  University  occupies  600  acres  and  has

approximately 100 buildings to serve a student population of

approximately 16,000.  Washington State University is the major

employer in the City of Pullman and Whitman County.  (G1.10).  WSU

maintains its own police force.

 

            The determination of the population figure to be utilized

for Pullman is complicated by the presence of the large number of

WSU students who occupy both on and off campus housing within the

City.   The 1991 Association of Washington Cities Salary Survey

lists Pullman with a population of 23,090.  In the City's issue of

$1,880,000 worth of bonds in 1988, the City listed its population

at 22,069.  (G1.10).  The signs indicating motorists are entering

Pullman lists the population at 23,478.  The City believes the

population of Pullman should be discounted by the number of

residents occupying dormitories on the WSU campus.   The City

calculates  the  figure  that  should  be  utilized  for  making

comparisons to be 17,705 persons.  On the other hand, the Guild

believes the City should be held to the 23,000 figure as it is the

one City cites when securing funds from the state of Washington.

In a 1981 award between the City and Teamsters Union Local 551

arbitrator Zane Lumbley allocated the total WSU student population

on a 50-50 basis between WSU and the City of Pullman.  Lumbley

determined the  1981  population of  the City  for purposes  of

arbitration to be 15,316.

 

            After the Pullman Police Guild was certified to represent

the employees of the Police Department, the parties met in both

bargaining sessions and later in mediation in an effort to conclude

a successor Agreement.  The parties reached tentative agreement on

several issues, but were unable to conclude a final Collective

Bargaining Agreement.  This contract will be the first contract

between the Pullman Police Guild and the City of Pullman.  The

Guild also represents non-uniformed personnel covered by a separate

Agreement referred to as the Pullman Police Support Services

Employees contract.

 

            On the failure of the parties to conclude a Collective

Bargaining Agreement, Marvin Schurke, PERC, Executive Director,

certified  the  remaining  12  unresolved  issues  for  interest

arbitration.  A hearing was held before the arbitration panel on

December 15 and 16, 1991.  At the hearing the parties were given

the full opportunity to present written evidence, oral testimony

and argument.  The testimony of witnesses was taken under oath and

recorded by a court reporter.  The neutral Arbitrator hereinafter

("Arbitrator") was provided with a verbatim transcript for his use

in reaching a decision in this case.

 

            The parties agreed to file post-hearing written briefs in

lieu of oral closing arguments.  The briefs were timely filed and

the record closed as of February 7, 1992. Because of the extensive

record made in this case, the parties agreed to an extension of the

statutory requirement that a decision be issued within 30 days of

the close of the record.  On February 25, 1992, the Arbitrator met

and conferred with the party appointed members of the arbitration

panel to discuss the evidence and argument contained in the record

of this case.  The input provided by the party appointed panel

members was of great assistance to the neutral Arbitrator in making

his findings of fact and award on the issues presented for

arbitration.

 

            The hearing in this case took two full days for the

parties to present their evidence and testimony.  The transcript

contained 468 pages of testimony.   The parties provided the

Arbitrator with substantial written documentation in support of

their respective positions. Comprehensive and lengthy post-hearing

briefs were submitted to the Arbitrator with accompanying interest

arbitration awards issued by other arbitrators in the state of

Washington.

 

            The approach of this Arbitrator in writing the award will

be to summarize the major and most persuasive evidence and argument

presented by the parties.  After the introduction of the issue and

position of the parties, I will state the principal findings and

rationale to cause the Arbitrator to make the award on a specific

issue.  It is also important to note that several of the major

issues broke down into numerous sub-issues in which case extensive

evidence and argument was also presented.  In many of the issues

the evidence and argument applied to several different issues and

sub-issues. For the sake of brevity, I will try to avoid repeating

discussion of the evidence where the evidence applied to more than

one issue.

 

            This Arbitrator carefully reviewed and evaluated all of

the evidence and argument submitted pursuant to the criteria

established by RCW 41.56.460.  Since the record in this case is so

comprehensive it would be impractical for the Arbitrator in this

discussion and award to discuss and refer to each and every piece

of evidence or testimony presented.  However, in each and every

issue the Arbitrator considered all of the evidence and argument

submitted in formulating the award.

 

            The statutory factors to be considered by the Arbitrator

may be summarized as follows:

 

(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:

                                    * * *

(d)        The average consumer prices for goods and

services,  commonly  known  as  the  cost  of

living;

 

(e)        changes in  any of the  foregoing  of

circumstances during the  pendency  of  the

proceeding;

 

(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.

 

 

 

ISSUE 1:  Wages

 

 

A.        Background

 

            The contract subject to arbitration covers the years 1990

through 1992.  The present salary schedule is represented by the

contract which expired at the end of 1989.  Pursuant to that

contract a beginning police officer starts at $1,845 per month at

Step 1 with advancement to $2,263 at Step 5.   Sergeants and

detectives are paid $2,608 per month.   (City Ex. 43).   The

traditional benchmark comparison is the top step of the police

officer classification.  The evidence on comparability offered by

both sides concentrated on the top step officer pay.

 

            Due to the protracted nature of the negotiations and

change in bargaining representatives, the members of this unit have

not received a wage increase since 1989.   Both parties are

proposing retroactivity back to January 1, 1990.  The City's offer

would put in place a top step police officer's salary on January 1,

1992, of $2,632 per month.  The Guild is seeking a salary increase

which would place the top step police officer on January 1, 1992,

at $2,938 per month.   (City Ex.  36).   Both parties offered

comprehensive and extensive data in support of their respective

wage proposals.   In the post-hearing briefs counsel for the

disputants provided the Arbitrator with a comprehensive review of

the evidence submitted during the two days of hearing. The neutral

Arbitrator with the assistance of the party appointed arbitrators

reviewed the evidence and argument on the wage issue at an

executive session.

 

            The driving force behind the positions of the parties on

the  wage  issue  was  comparability.    Each  party  submitted

considerable evidence and argument to support its position on the

appropriate comparators for the purpose of establishing wages for

Pullman police officers.  The Arbitrator was also supplied with

several interest arbitration decisions involving other Washington

cities.  The evaluation of the record in this case is unique in

that it involves a three year contract period which will expire

approximately nine months from the date of this award.   As a

consequence, the evidence and findings on the wage issue must be

evaluated in the context of a three year Agreement soon to expire.

 

 

            B.        The Guild

 

            The Guild proposed that 1990 salaries will be compensated

using the average of the top step of the patrolman's salary for

each of the five comparator cities selected by the Guild.  For

1990, this would translate into a 10% increase.  Effective January

1, 1991, an additional 10% would be added to the base salary.

Effective January 1, 1992, the base salary would be increased by an

additional 7.3% to $2,938.  The 27.3% salary increase over the

three year period is necessary to establish a top step salary equal

to  the  average  top  step  salary  for  the  five  comparable

jurisdictions proposed by the Guild.  (G1.36).

 

            The five cities selected as its comparable jurisdictions

are Kennewick, Pasco, Richland, Walla Walla and Wenatchee.  These

are the only five Washington cities east of the Cascades with a

population between 15,000 and 50,000.  According to the Guild, the

geographic  area  and population  make  these  five  cities  the

appropriate comparables for which to establish Pullman police

wages.  The Guild advanced four primary reasons why the Arbitrator

should adopt the Guild's comparators.

 

            First, the Guild argued that RCW 41.56.460 requires the

panel to take into consideration the wages, hours and conditions of

employment of like personnel of like employers of similar size on

the West Coast of the United States.  From the viewpoint of the

Guild,  like personnel are "uniform personnel of cities of a

population of 15,000 or more."   RCW 41.56.030(7) defines uniform

personnel as law enforcement officers employed by "cities with a

population of 15,000 or more."   The Arbitrator is bound to respect

the definition established by the Washington legislature.

 

            Second, the arbitration panel should reject consideration

of Washington cities below 15,000 in population because they do not

share a common collective bargaining status.   Law enforcement

officers employed by Washington cities under 15,000 do not have

collective bargaining rights.  As such, Washington cities with a

population of under 15,000 are not similarly situated and should be

excluded from consideration by the Arbitrator.

 

            Third, the Washington Association of Cities utilizes the

15,000 to 50,000 population category for grouping jurisdictional

salary surveys.  (G1.3(A) & (B)).  Fourth, the City utilized that

same grouping when it compared itself to other jurisdictions for

the purpose of evaluating management salaries.  (G1.2)  It is the

position of the Guild that this grouping reveals a statistically

significant pattern for wages in Washington which the panel should

utilize in "determining what is a fair day's pay for a fair day's

work for a police officer in the state of Washington."

 

            The parties agree that the appropriate comparators must

be located east of the Cascades.  Pursuant to that understanding

the City and Guild agree that Pasco, Walla Walla and Wenatchee are

appropriate comparators.  The Guild vigorously rejects the City's

proposed comparables of Moses Lake, Ellensburg, Whitman County, the

Washington State University Police Department and Moscow, Idaho, as

appropriate comparators by which to establish Pullman police wages.

 

            Regarding Ellensburg and Moses Lake, the Guild points out

their populations are below 15,000 and thus should be excluded

under  the  collective  bargaining  statute  as  too  small  for

comparison.  Moscow, Idaho is an inappropriate comparator because

it is not a West Coast city. RCW 41.56.460(C)(I) limits comparison

to West Coast cities. Arbitrators have held that West Coast cities

are those cities located within the states of Washington, Oregon

and California.  Since Moscow is not a West Coast city and its

officers have no collective bargaining rights, the Arbitrator

should reject Moscow as an appropriate comparator.

 

            Recognizing that Pullman is located in Whitman County,

the Guild asserts Whitman County is not an appropriate comparator.

Whitman County is not a like employer because it is a county and

county law enforcement officers have no collective bargaining

status.  In addition, the number of officers and crime statistics

do not support the use of Whitman County as a comparator.  The

economic circumstances are different in that Whitman County is

broke.  Turning to the WSU Police Department which the City seeks

to compare with for purposes of establishing wages, the Guild

asserts WSU does not meet the statutory test of a like employer.

WSU is not a city but a university.  WSU police officers do not

share common collective bargaining status. As such, the Arbitrator

should reject the City's attempt to compare Pullman police officers

with WSU officers.

 

            The Guild next asserts that the appropriate population

for Pullman is 23,000.   From the viewpoint of the Guild, the

Arbitrator should reject the City's attempt to adjust the Pullman

population by some 6,000 to 17,705 persons because of the impact of

WSU students.   According to the Guild, the City's position on

population is inconsistent in that it uses a 23,000 population

figure when it seeks state revenue funds, on signs posted at the

City limits and otherwise when securing funds from outside sources.

WSU students also have a very profound affect on the Pullman Police

Department in that its officers must provide police services for

students living off campus.   Further, Pullman police officers

perform police services on the WSU campus in conjunction with the

WSU police force.

 

            The City presented an interest arbitration award by

arbitrator Thomas Levak in the city of Walla Walla and the Walla

Walla Police Guild.  (PERC No. 6213-I-86-139).  The Guild notes

that in the Walla Walla case Levak chose as the Washington

comparators the same five cities as proposed by the Guild.  Since

Walla Walla and Pullman are very close in size, offer similar

geographic positions and the selection of those five cities by

arbitrator Levak as valid comparators, the five eastern Washington

cities proposed by the Guild offer the best measure for determining

a fair day's pay for a fair day's work.

 

            While the City stated in its opening argument that it

would not make an inability to pay argument, the Guild felt it was

appropriate to examine the City's ability to pay in light of the

position taken by the City that it was not in the position to fund

the Guild's proposal without major adjustments in its budget. City

witness Tonkovich testified at the arbitration hearing that the

City had more than enough resources to pay the estimated cost of

the Guild's three year proposal of $550,849.  (City Ex. 36).  The

Guild further argues that the City has adequate money stored away

in its various accounts to fully fund the Guild's proposal.

According to the Guild, the City has historically transferred

significant moneys from the general fund to special fund reserve

accounts.   The 1992 preliminary budget also shows a figure of

$1,419,699 for law enforcement.   (City Ex.  48).   The Guild

interprets the City's budgeting process as calling for $424,935

more than is necessary to meet all of the 1991 police expenditures.

Since there were no additional personnel added to the police budget

for 1992, the Guild reasons it is a safe assumption that the 1991

expenditures reflect the 1992 expenditures.  Therefore, the Guild

concludes there is more than sufficient funds to meet the cost of

the Guild's wage proposal in the 1992 budget.

 

            Turning to the cost of living factor, the Guild argues

the five comparables chosen by the Guild reflect favorably in the

area of cost of living.  In eastern Washington employees must often

reside within the employing community.  Guild Exhibit G1.8 shows

that housing costs for various jurisdictions reflect that the cost

of living for Pullman is higher than any of the other comparators.

In awarding a salary increase, the higher cost of housing in

Pullman should be weighed in favor of a higher salary increase than

proposed by the City.

 

            For all of the above stated reasons, the Guild submits

its offer represents a wage position which reflects the statutory

intent and is within the means of the City to fund.

 

 

            C.        The City

 

            The City proposed a 2% wage increase effective January 1,

1990, and an additional 2% on July 1,  1990.   The City would

implement wage increases on January 1, 1991, and January 1, 1992,

based on a cost of living formula derived from the Seattle CPI for

all urban consumers.  If the CPI exceeded 5%, a 1/2% increase would

be given for each full 1% increase until the CPI reached 10%.

Adoption of the City's CPI formula would yield a 5.5% increase for

January 1, 1991, and a 6% increase for January 1, 1992.   The

percentage increase over the base salary would be 16.3% or $369 per

month.  The top salary for a police officer effective January 1,

1992, would be set at $2,632 per month.  (City Ex. 36).

 

 

            The City argued that this increase would be in line with

the pay for top step officers in its selected comparators.  The

City's 1991, salary study revealed the following:

 

 

CITY COMPARABLES

1991 TOP STEP OFFICER SALARY

 

                                                                                    1991 Top

            City                                                                 Step Officer

 

            Ellensburg                                                      $ 2,475.00

            Moscow, ID                                                    $ 2,511.00

            Moses Lake                                                   $ 2,510.00

            Pasco                                                              $ 2,685.00

            Walla Walla                                                    $ 2,562.00

            W.S.U.                                                            $ 2,493.00

            Wenatchee                                                     $ 3,000.00

            Whitman County                                            $ 2,065.00

            AVERAGE                                                     $ 2,537.63

            PULLMAN OFFER                                      $ 2,483.00

                                                                        (City Ex. 34)

 

            It is the position of the City that Pullman is unique in

that it is characterized as being dominated by a large tax exempt

employer which provides its own police services.  Further, it is

important to note that the City receives neither property taxes nor

contractual payments from WSU to support police services.  Pullman

is a college town without a retail or industrial base.

 

            The City's position on the appropriate comparators was

best summarized at page 2 in its hearing brief as follows:

 

 

            These cities:   Ellensburg, Moses Lake, Pasco,

            Wenatchee, Walla Walla, Moscow, Idaho, WSU,

            and Whitman  County  are  quite  similar  to

            Pullman in population,  financial position,

            size of department, number of officers, part

            one offenses, and in various other comparison

            basis as well.  They are all located east of

            the  Cascade  Mountains   and  are  rural/

            agricultural.   Four of the five cities are

            distant from other population centers.  Only

            Pasco is near two other larger cities.  Each

            has one or more college institutions adjacent

            to or in the City.  Moscow is also a college

            town and only eight (8) miles from Pullman.

            WSU  and Whitman  County  both  provide  law

            enforcement services and are local, public

            employers.  For these reasons and others which

            will be submitted,  the City requests that

            these  cities  and  agencies  be  used  as

            comparisons.

 

 

            The City asks the Arbitrator to reject Kennewick and

Richland as appropriate comparators because they have much larger

populations than Pullman.   In addition, Richland's industrial,

commercial and assessed valuation are vastly different from and

superior to those of Pullman. Hence, the City submits there simply

is no basis for selecting Richland and Kennewick as comparable to

Pullman.

 

            The City also asserts  the Guild's  comparables  are

seriously flawed. According to the City, RCW 41.56.030(7) does not

limit comparisons to those jurisdictions which have collective

bargaining and interest arbitration.  Arbitrator Levak so held in

the Walla Walla case as did arbitrator Michael Beck in Cowlitz

County.  (PERC No. 6151-I-85-135).  Hence, it is proper to include

in a list of comparables jurisdictions who do not have collective

bargaining and interest arbitration.

 

            The  City  also  contends  the  Guild's  exclusion  of

comparables from the local job market is inappropriate. Present in

the Pullman job market are the jurisdictions of WSU, Whitman County

and Moscow, Idaho.  The evidence at the hearing indicated that

Pullman police officers work with, support and train sworn officers

in the three local jurisdictions.   Since the four sworn police

forces work closely with each other, it is proper to include them

as points of comparison.  All of the cities on the City list of

comparators fall within the population range of 10,000 to 30,000.

Kennewick has a population of 42,780 and Richland has a population

of 32,600 which the City believes inappropriately skews the average

size of the comparators in a thinly veiled move designed to obtain

the Guild's desired bargaining gains.

 

            While the City made no per se inability to pay argument,

it does not accept the Guild's position that the City has adequate

money to fund a 30% increase in wages for the police unit.  The

economic picture in Pullman and the state can only be described as

"grim and uncertain as to the near future."  The mayor's budget

message clearly reports the already unfavorable financial standing.

(City Ex. 41).  Given the stark reality of a local, national and

state wide recession,  the City's finances face a bleak and

uncertain future at best.  An award in the amount proposed by the

Guild is excessive and would seriously jeopardize the financial

standing of the City.

 

            The City also contends the Guild does not understand the

limitations on the ability of the City to transfer funds between

accounts.   The equipment rental fund is designed to replace

equipment and is unavailable to fund police salaries.  Nor is the

City legally able to tap contributions from the utilities fund or

transit in order to pay for police salaries.

 

 

            Turning to the factor of cost of living, the City submits

that police salary increases granted over the last three contract

periods exceeded both the national and Seattle CPI increases.

(City Ex. 71 & 72).  Due to the fact that cost of living increases

are at the lowest point in 24 years, an award in the amount claimed

by the Guild would far exceed rising costs as reflected in the CPI

Index.

 

            It  is  also the position of  the City that  it  is

appropriate to utilize a population figure of 17,705 for Pullman.

WSU staffs its own police force to service the WSU campus.  By

virtue of the police services being performed by WSU, City submits

it  is  appropriate to deduct the  6,000  students who occupy

university housing on campus for purposes of this proceeding.  The

police work performed by members of this Department on the WSU

campus is primarily that of backup or to provide assistance to WSU

officers.

 

            Concerning internal parity, the City submits it has

reached agreements with its fire, library, public works, recreation

and transit bargaining units.  These signed contracts demonstrate

the City has dealt fairly and responsibly in a manner satisfactory

to those other labor organizations.  The contract entered into

between  the  Guild  and  Support  Services  includes  a  package

comparable with what the City is offering this unit.  It is these

internal settlements that should establish the guidelines and basis

for an award covering sworn police officers.

 

            The City submits that its offer compares favorably with

the average of the jurisdictions it has submitted for purposes of

comparison.  When the salary settlements provided for the internal

and external comparators  are evaluated,  City concludes this

provides the basis for a salary award on the terms offered by the

City.

 

 

            D.        Discussion and Findings

 

            At the outset of this issue a few comments about the

statutory procedure are in order.  RCW 41.56.460 refers to the

basis on which an interest arbitration award should be formulated

as " standards or guidelines to aid it in reaching a decision."  The

Arbitrator is then directed to take into  "consideration" the

factors listed in the provision.  The listed criteria are not

defined in the law.  Arbitral authority has provided some guidance

to the application of the statutory factors to particular cases.

The statute also provides that the Arbitrator may consider 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." This phrase allows the

parties and the interest arbitrator considerable latitude in

determining what are the relevant facts on which to base an award

to resolve a dispute.

 

            The factors identified in the statute are "standards or

guidelines" which cannot be applied with surgical precision.  The

relative weight to be given to any of the criteria listed in the

statute is not defined.  Further, it is important to note that this

Arbitrator  is  responsible  for applying the  evidence to the

statutory factors even if the evidence submitted by the parties is

incomplete, misleading, selective or manipulative.  Recognizing

these problems, it still remains the obligation of this Arbitrator

to apply the record evidence to the criteria set forth in the

statute.  In assessing the evidence and argument on the wage issue,

the Arbitrator has attempted to extract facts from the record

evidence which provide reasonable and credible support for this

award.  The starting point for the analysis of the evidence in this

case on the wage issue is comparability.  Both sides devoted the

majority  of  their  evidence  and  argument  to  the  issue  of

comparability.   Evidence with respect to the other statutory

factors was minimal or nonexistent.

 

            The Arbitrator finds after review of the evidence and

argument as applied to the statutory criteria that a 5.5% increase

on the 1989 base effective January 1, 1990, is justified.  For

1991, the base salary shall be adjusted an additional 6%, effective

January 1, 1991.  The 1991 base salary shall be increased by 7%.

Application of these percentage figures will result in a top step

wage as follows:

 

                                    1990                            $2,387

                                    1991                            $2,530

                                    1992                            $2,707

 

 

The reasoning of the Arbitrator is set forth in the discussion and

findings which follow.

 

            The threshold consideration on comparability is resolving

the dispute over what should be the population figure for Pullman.

The Arbitrator finds that a population figure of 23,000 should be

utilized for determining the jurisdictions with which to compare

Pullman for making a wage determination. Pullman uses a population

figure in the 23,000 range when it seeks funds from the state or

federal government  Pullman used a similar population figure in a

1988 bond issue.  The signs posted by the City at the entrance to

Pullman announce a population of 23,478.   The Association of

Washington  Cities  Survey  of  Salaries  lists  Pullman with  a

population of 23,090.  The only place the Arbitrator could discern

a listing of a population for Pullman of 17,705 was in the City's

argument at arbitration.

 

            The Arbitrator  finds  the City's  attempt to deduct

approximately 6,000 resident students from the Pullman population

base to be without merit.  While it is true WSU has its own police

force, WSU is within the jurisdiction of the Pullman Police

Department.   As  the record indicates,  the members of this

bargaining  unit  provide  police  services  where  students  are

involved.  While the existence of a WSU police force might be a

mitigating factor in the population served by the Pullman Police

Department, it in no way can serve as the foundation to reduce the

police service area of Pullman by 6,000 persons.

 

            The next step in the analysis of the comparability issue

is to recognize both parties agree that Pasco, Walla Walla and

Wenatchee are appropriate jurisdictions with which to compare

Pullman for determining police wages.   The 1991 populations of

these jurisdictions are 20,660, 27,020 and 22,080 respectively.

The Arbitrator is bound to honor the stipulation of the parties

with respect to the three named cities.

 

            The parties have also stipulated that the appropriate

jurisdictions by which to set Pullman police wages should come from

cities east of the Cascades. The statute refers to "like employers

of  similar  size  on the West Coast  of  the United States.

Arbitrators have interpreted the reference to West Coast  to mean

the states of Washington, Oregon, California and Alaska.  Since

Moscow, Idaho is not located on the West Coast, it may not be

properly considered as a primary comparator.  The same would hold

true for WSU as it is a university as opposed to a municipal

employer.   The university is not engaged in the business of

providing public service comparable to that of the City of Pullman.

Whitman County suffers from a similar problem in that it is a unit

of county government as opposed to a city.  In addition, Whitman

County deputies do not have the benefit of the same collective

bargaining statute as is available for Pullman police officers.

 

            Ellensburg has a population of 12,570 and Moses Lake has

a population of 11,420.  Neither of those jurisdictions meet the

15,000 person test placing their sworn personnel under the interest

arbitration procedure. This fact alone argues against making these

two jurisdictions a primary comparator under RCW 41.56.460(C)(i).

However, in the judgment of this Arbitrator the jurisdictions of

WSU, Whitman County and Moscow, Idaho can be properly considered

under the "other" factors element of the statute as they are within

the immediate geographic area and labor market of Pullman.  In

addition,  these three agencies support and work together in

providing police services in the three communities.  Ellensburg and

Moses Lake are also entitled to some attention under this provision

of the statute.   These five jurisdictions serve as a counter

balance to the large cities of Kennewick and Richland.

 

            In adopting the Guild's proposed list of comparators, the

Arbitrator recognizes that Kennewick and Richland have larger

populations than Pullman.  The fact that Richland is

10,000 greater in population and Kennewick is approximately 20,000

greater in population still keeps the cities in a reasonable

population range.   Further, the population difference does not

detract from the fact they are Washington cities located east of

the Cascades and are covered by the same collective bargaining law.

Arbitrator Levak in the Walla Walla award accepted the five same

cities which the Guild proposes for this case.  Pullman was listed

as a comparator for the Walla Walla case.  By extension it is

appropriate to include the same cities as the primary comparators

for this interest arbitration.   While not controlling, it is

relevant that the City utilized the 15,000 to 50,000 population

grouping of cities east of the Cascades, when constructing the

appropriate salary for its mayor and City superintendent.

 

            The Arbitrator adopts as the primary point of comparison

for measuring the level of police wages for Pullman the following

cities:

 

                                                Pasco

                                                Kennewick

                                                Richland

                                                Wenatchee

                                                Walla Walla

 

 

            Based on the 1991 Association of Washington Cities Salary

Survey, the following population and wage data reads:

 

            POPULATION                       CITY                           TOP SALARY

 

            20660                                      Pasco                          2685

            22080                                      Wenatchee                 3000

            27020                                      Walla Walla                2562

            32600                                      Richland                     2903

            42780                                      Kennewick                  2962

            29028  Avg.                                                                2822 Avg.

 

            23090                                      Pullman                       2263

            26.0% Diff.                                                                 25.0% Diff.

                                                                        (Ex. G1.3(a))

 

 

A similar study for 1990 revealed an average salary of $2,735 per

month or 21% above the Pullman average top step salary.  (G1.4).

A Guild summary of wage comparisons based on "net hourly wages

asserted a wage  increase ranging  from 21.05%  to 28.65% wages

necessary to catch-up with the comparable jurisdictions.  (G1.6).

 

            A Guild summary of top step police officer increases for

1992 established:

 

 

SUMMARY 1992 INCREASES

TOP STEP POLICE OFFICER

 

                                                                                                           

                                    Effective                                 1991                1992

                                    Date                % Increase     Salary             Salary

           

Kennewick                  1/1/92              5.9%               2962                3137

Pasco  90%    West Coast CPI         3 %                 2695                2776

  10/31/91 - Effective 1/1/92

            Min. 3% - MAX. 6%           

Richland                                                                     2903                In Negotiation            s

Walla Walla                1/1/92              7.0%               2562                2742

Wenatchee                 1/1/92              4.5%               3000               3135

                                                 

                                                            Average          2824                2948

                                                                                                            (G1.7(a))

 

 

The City provided no evidence of the amount of increases set for

its list of comparator jurisdictions in 1992.  Based on the City's

1991 figures the average top salary of police officers in its list

of comparators was $2,537.  (City Ex. 35).

 

            While  the  City  argued  strenuously  for  internal

comparability on wages with its other bargaining units, the City

did not provide the evidence of what the 1992 increases were for

those other bargaining units.  The one exception was the Support

Services contract negotiated between the Guild and the City.  The

Arbitrator did note from a paragraph in the 1992 mayor 5 budget

message that all City employees be given a 6% increase in line with

the provisions contained in the current labor contracts.  (City Ex. 41).

 

            The Arbitrator rejects the Guild's proposal which would

contractually link the wages for Pullman officers with that of the

five comparators. Pullman is a separate and distinct jurisdiction.

As such, its wages should not be contractually set as the average

of the five cities.  Neither the statute or arbitral authority

support such a connection with other like employers.  It should be

recalled the statute refers to comparability as a "guideline" to

consider in establishing wages.

 

            Moreover, adoption of the Guild's proposal would generate

a 20% increase for the first two years of the contract.  On its

face, two 10% successive increases is an amount that would generate

excessive costs to the City.  In addition, no evidence is present

in this record that 10% increases in 1990 and 1991 were the norm in

the five eastern Washington cities.  Likewise, the City's offer of

2% and 2% in 1990, and 5.5% in 1991, is unacceptable because it

will drive the already low wage level even lower in the relative

standings of the like jurisdictions.

 

            The  average  top  salary  for  1992,  of  the  three

jurisdictions the City agrees are comparable is $2,884.  pursuant

to the City's proposal, the top salary in 1992, would be $2,632 or

$252 per month below the average.  The average top salary of the

five cities for 1991, was $2,824.  On the other hand, adoption of

the Guild's proposal would place Pullman officers $99 per month

above the average for the three cities.  The average top salary for

the four cities for 1992, iS $2,948.   Richland was still in

negotiations at the time of the arbitration hearing.

 

            The Arbitrator was unconvinced Pullman should be the wage

leader for cities in the 15,000 to 50,000 population range east of

the Cascades.  This is particularly true when the larger cities of

Kennewick and Richland are included in the primary comparator

group.  Absent from this record is any evidence Pullman should pay

its officers the highest wage of the comparators.

 

            The goal of the Arbitrator is to award a wage package

which will make some effort in decreasing the difference between

what is paid by this City to sworn officers when compared to the

five other eastern Washington cities in the 15,000 to 50,000

population range.  Even with the Arbitrator's award of $2,707 per

month, Pullman will rank last in the level of pay for police

officers.   However,  the  salary  is  competitive with the two

comparators both sides agree are relevant.  The award will place

Pullman $35 per month below Walla Walla and $65 per month below

Pasco sworn officers at the top step.   Walla Walla officers

received a 7% increase for 1992.   On the other hand, Pullman

officers will be paid $428 per month less than Wenatchee officers.

 

            While the Arbitrator was not provided with the 1992

salaries on the cities list of comparators, the 1991 salary set by

this award will be $2,530 per month or $7 below the average top

step in the group of jurisdictions with which the City seeks to

compare itself.

 

            The constitutional and statutory authority of the City

was not an issue placed before the Arbitrator and therefore not a

factor in this award.

 

            Regarding the factor of stipulations of the parties, the

stipulation that Pullman should compare itself with cities east of

the Cascades was accepted by the Arbitrator and used to select the

list of comparators.

 

            Regarding the cost of living factor, the Arbitrator finds

this criteria of little assistance because of the lack of current

and meaningful CPI data included in the record of this case by the

parties.  The City did attach some CPI data to its closing brief.

Due to the fact this CPI data was not admitted into evidence at the

hearing, the Arbitrator did not consider this exhibit.

 

            Regarding  the  factor  of  changes  of  the  foregoing

circumstances during the pendency of the proceedings, this factor

was of no relevance in formulating the award.

 

            Regarding the "other factors" guideline, three elements

were of importance in coming to an award.   Pursuant to this

criteria, the Arbitrator reviewed the ability to pay the proposed

wage increase, the City's proposed list of external comparators and

internal comparators.  The City made no "per se inability to pay

argument" in this case. However, the City correctly maintained the

amount of money in the budget to fund increases, the probable

impact on City services and projects and the long term impact of

the salary award are valid elements to consider.  Further, the

City's position that the current economic climate argues against a

wage increase that is out of touch with economic conditions was

persuasive.  In other words, this Arbitrator has avoided making an

award that would have a crippling effect on the ability of Pullman

to maintain essential governmental services.

 

            As previously discussed, the Arbitrator considered the

City's proposed list of local comparators and cities less than

15,000 as a check and balance on the five cities used as the

primary comparators to establish the wage level for sworn police

officers in Pullman.

 

            While the City offered considerable argument with respect

to internal comparators, the record was void of evidence of how the

other bargaining units such as fire, transit and public works

compare  in wages with their counterparts performing similar

services.  The best the Arbitrator could ascertain with respect to

1992 wage increases for other City employees was from the mayor's

budget message. The budget message revealed that 6% increases were

the norm.  The Arbitrator's award of 7% in 1992 while slightly

higher than the 6% figure is in line with the internal comparables

and the 6% offered by the City.

 

The award of this Arbitrator will establish a salary

schedule that is within the range of reasonableness when compared

with the five cities adopted as the primary point of reference with

which to set Pullman police wages.  Further, the wage schedule is

not out of line with the jurisdictions offered by the City for the

purpose of establishing wage comparability.

 

 

AWARD

 

 

            The Arbitrator finds after review of the evidence and

argument as applied to the statutory guidelines the wage schedule

for the 1990-1992 contract period shall be as follows:

 

1.         Effective January 1, 1990, the base salary

shall be increased by 5.5%.

 

2.         Effective January 1, 1991, the 1990, base

salary shall be increased by 6%.

 

3.         Effective January 1, 1992, the 1991, base

salary shall be increased by 7%.

 

 

ISSUE 2:  Guild Security

 

            A.        Background

 

            Article 1 of the 1987-89 contract provides for union

security but does not require employees to join the Guild.  The

Guild proposed new language which would require employees covered

by this Agreement to join the union.  Employees who are bona fide

members of a church or religious body whose religious tenets or

teachings prohibit membership in employee associations would be

excused from joining the Guild.  The City proposed a modification

to Article 1 but would continue the voluntary nature of Guild

membership for employees.

 

 

            B.        The Guild

 

            The Guild argued that its proposal should be awarded

because there has been no objection from any employee to mandatory

Guild membership. The record evidence established that 100% of the

bargaining unit belongs to the Guild.  According to the Guild, the

100% membership speaks in favor of the Guild's proposal.  Since the

Guild bargains for all members of the bargaining unit it is vital

that the Guild receive not only the financial support, but personal

participation which mandatory membership brings.

 

            Therefore, the Guild concludes that since it is legally

required to bargain for all employees covered by the Collective

Bargaining Agreement, it is appropriate that it have the financial

support and participation of all employees.

 

 

            C.        The City

 

            City takes the position that mandatory union membership

should not be included in this Collective Bargaining Agreement.

City Exhibit 44 reveals that mandatory union membership or payment

of dues does not exist in any other City bargaining unit.   In

addition, the City's evidence reflected that this provision does

not exist in other local comparable agencies.  The City's proposed

language is consistent with that already agreed to by the Guild in

their separate contract covering Support Services.  It would be

grossly inconsistent to have a mandatory provision in this contract

and not in the Support Services contract.

 

            The City also argues that there is no demonstrated need

for mandatory membership in the Guild.  The union's own evidence

established that virtually all sworn employees have voluntarily

joined the Guild.  Thus, the Guild's proposal should be rejected

and the City's proposal awarded.

 

 

            D.        Discussion and Findings

 

            The Arbitrator finds the Guild has made its case that

financial support should be required from all members of the

bargaining unit except those who are excused from membership in

employee associations because of bona fide religions tenets.  The

Arbitrator was not convinced that all employees should be required

to join the Guild.  Compelling employees to be members of the Guild

will not necessarily insure participation in Guild activities.

Hence, the Arbitrator will award modified language which requires

employees who elect not to  join the association to make a

contribution in lieu of union dues.

 

            The  Guild  has  incurred  considerable  expenses  in

attempting to bargain its first labor contract with the City.  All

of the members of the bargaining unit will benefit from the efforts

of the Guild, not just those who elect to join the Guild now or in

the future.  The fact the Guild has 100% membership argues in favor

of requiring Guild membership or a contribution in lieu of dues.

In a small unit such as this, it is imperative all employees

covered by the contract provide financial support to its collective

bargaining representative.

 

            The Guild has the legal duty to represent all members of

the bargaining unit.  Several recent court decisions have imposed

very stringent standards on a union's duty to fully and fairly

represent all members of the bargaining unit.   Regardless of

membership in the Pullman Police Officers' Guild, the Guild has a

legal obligation to defend the rights of the bargaining unit

member, whether or not they provide support to the Guild.  Members

who do not contribute toward the cost of collective bargaining also

receive the value of improved salary and fringe benefits in

addition to improved working conditions resulting from contract

negotiations.   It is a reasonable and fair conclusion that all

employees who benefit from the services of the Guild should be

required to contribute towards the cost of maintaining the services

of collective bargaining and contract administration.

 

 

            The language awarded does not require employees to join

the Guild.  It only demands that all members of the bargaining unit

pay for the cost of collective bargaining and related contract

administration.  The language awarded by the Arbitrator does not

require individuals to attend meetings or to take part in Guild

activities.  However, all members of the bargaining unit should be

expected to contribute financial support to the Guild for the

purpose of performing the duties of an exclusive representative of

employees in dealing with the City on labor/management issues. For

these reasons, the Arbitrator finds that Article 1 be modified to

require a payment in lieu of dues for those employees who do not

choose to join the Guild.

 

 

AWARD

 

The Arbitrator awards that Article 1 be amended to read:

 

 

1.         Membership: Membership or non-membership

in the Guild shall be the individual choice of

employees covered by this Agreement. However,

any employee who chooses not to belong to the

Guild shall make a payment in lieu of dues to

the Guild.

 

2.         New Employees:  A newly hired employee

shall  determine  within  thirty  (30)  days

whether he or she wishes to (1) join the Guild

and pay Guild dues and fees or (2) decline to

join  the  Guild  and  pay  a  service  fee

equivalent to regular Guild initiation fees

and  dues  as  a  consideration  toward  the

administration of this Agreement.

 

3.         Equivalent Dues Payment:  In accordance

with RCW 41.56, objections to joining the

Guild which are based on bona fide religious

tenets or teachings of a church or religious

body as may be determined by the Public

Employment  Relations  Commission  will  be

observed.   Any such employee shall pay an

amount of money equivalent to regular Guild

dues to a nonreligious charity mutually agreed

upon by the employee affected and the Guild.

 

4.         Failure to Comply:  An employee who is

required  to  maintain  membership  in  good

standing and fails to do so and an employee

who is required to pay a service fee and fails

to do so under the provisions of this Article,

shall be terminated upon notice of such fact

in writing  from  the  Guild  to  the  City.

Termination of such an employee shall become

effective within thirty (30) days from the

date the City received the notice, unless the

employee has remedied the delinquency within

said thirty (30) day period provided that the

habitual failure to timely pay dues, service

fees or charitable contributions shall, upon

the request of the Guild,  result  in the

discharge of the offending employee.

 

 

ISSUE 3:  Supervisory Duties

 

 

            A.        Background

 

            Status quo is represented by Article 6 of the 1987-89

Agreement which provides that an officer assigned to supervisory

duties in an acting capacity shall receive the difference between

the minimum sergeant rate of pay and patrolman I rate of pay for

actual hours worked.  The term "Acting Sergeant" is used when a

bargaining unit member is temporarily assigned to perform the

supervisory duties of a sergeant.  Pursuant to the language in

Article 6 it is the City's discretion of whether or not to

designate an officer as an Acting Sergeant.

 

            The Guild proposed language to require a supervisor to be

designated when the patrol supervisor in unavailable.  The Guild's

proposal would define when the regular supervisor is not available.

The City proposed modified language which would continue the

discretion of management to designate an acting supervisor when the

regular supervisor in unavailable.

 

 

            B.        The Guild

 

            The Guild proposed language to state as follows:

 

            It is recognized that some employees covered

            under this Agreement shall perform the duties

            of a supervisor.  Nothing in this Agreement

            shall in any way interfere with carrying out

            their supervisory duties.

 

            Police Officers,  assigned by the Chief or

            his/her  designee  to  perform the  duty  of

            "Acting Sergeant" shall receive the difference

            between the minimum Sergeant rate of pay and

            Patrolman I rate of pay for actual hours

            worked.

 

 

            The Guild's proposal on this issue arose out of a

situation where a sergeant was assigned to light duty and was

unable to respond to the scene of a crime.  The City chose to have

the sergeant remain as the shift supervisor even though he was

unable to respond.  According to the Guild, the officers at the

scene were jeopardized as the result of the inability of the

supervisor to respond to the situation.

 

            The Guild next pointed to  the  testimony of Chief

Weatherly who agreed there should be an officer in charge when

there is not a supervisor available. The Chief also testified that

he expected the sergeant to appoint such an officer in charge if he

were not there.  From the viewpoint of the Guild, the parties are

in agreement as to the need for an officer to be assigned for on-

the-scene supervision if a supervisor is not available.

 

            In sum, the Guild submits this is a safety issue, and not

a monetary issue. While there is a monetary component in the sense

that those officers placed in charge of the scene shall receive

extra compensation, the motivating force for this proposal is

officer safety.  Thus, the Arbitrator should award the language

proposed by the Guild.

 

 

            C.        The City

 

            The City proposed language to read as follows:

 

            It is recognized that some employees covered

            under this agreement shall perform the duties

            of a supervisor.  Nothing in this agreement

            shall in any way interfere with carrying out

            their supervisory duties.

 

            Police officers assigned by the Chief  of

            Police or his/her designee to perform the duty

            of "Officer in Charge" (O.I.C.) shall receive

            the beginning sergeant rate of pay.

 

            An O.I.C.  may be  assigned when a Patrol

            Supervisor is not  available.   An officer

            acting as O.I.C. will be considered to have

            been acting in that capacity for actual time

            worked with a minimum of one (1) hour.

 

            "Not available" may be considered to mean that

            the  Patrol  Supervisor  is  unavailable  to

            communicate direction or respond to a field

            scene when needed.

 

 

            The City maintains that the Guild's proposal would

require it to appoint an acting officer in charge without regard to

the circumstances of the individual case.  The City's proposal to

continue management discretion to assess whether or not it was

necessary to appoint an officer in charge should be continued.

Adoption of the Guild's proposal would remove the decision making

responsibility from the Chief and place it in the Guild.

 

            The City next points out that when an officer is

designated as the officer in charge it carries with it a higher

rate of pay for that officer.  In the view of the City, higher pay

and the assignment connected thereto should be controlled by

management rather than an automatic contract entitlement.

 

            It is also the position of the City that the Guild's

explanation of "Not available" are words to grieve and an attempt

to mandate when and how officer in charge assignments are to be

made.  If the language proposed by the Guild were adopted it would

result in a proliferation of officer in charge assignments and

grievances challenging the City when it did not appoint an officer

in charge at a particular problem.  The City believes that the

Guild's four definitions of "Not available" are unneeded and will

unduly restrict the exercise of management prerogatives to deal

with situations on a case per case basis.   Therefore,  the

Arbitrator should reject the Guild's proposal and award the City's

language.

 

 

            D.        Discussion and Findings

 

            The Arbitrator finds the Guild's proposal creates an

unreasonable restriction on management's right to determine when

and if supervision at a crime scene is necessary.  Pursuant to the

Guild's proposal an officer in charge would be required without

regard to the individual circumstances present at the crime scene

or the availability of the patrol supervisor.  In the judgment of

this Arbitrator, the need to provide police services and deploy

human resources in the most efficient manner possible should not be

restricted in the manner proposed by the Guild.

 

            The Guild's one example cited to support its proposal

does not rise to the level to justify the unnecessary restriction

on managerial prerogatives. Adoption of the Guild's proposal would

result in a proliferation of officer in charge assignments and

increased cost for police services.  An officer in charge would be

required to be assigned even though the patrol supervisor is

capable of handling the situation.   Thus, the Arbitrator was not

persuaded that  a substantial restriction on the  ability of

management to determine the level of supervision should be placed

into this contract.

 

            Accordingly,  the Arbitrator will award the language

proposed by the City which continues the present practice of

permitting management to determine whether or not an officer in

charge is needed.

 

 

AWARD

 

 

            The Arbitrator awards that Article 6 be amended to read

as follows:

 

 

            It is recognized that some employees covered

            under this agreement shall perform the duties

            of a supervisor.  Nothing in this agreement

            shall in any way interfere with carrying out

            their supervisory duties.

 

            Police officers assigned by the Chief of

            Police or his/her designee to perform the duty

            of "Officer in Charge" (O.I.C.) shall receive

            the beginning sergeant rate of pay.

 

            An O.I.C.  may be  assigned when a Patrol

            Supervisor is not available.   An officer

            acting as O.I.C. will be considered to have

            been acting in that capacity for actual time

            worked with a minimum of one (1) hour.

 

            "Not available" may be considered to mean that

            the  Patrol  Supervisor  is  unavailable  to

            communicate direction or respond to a field

            scene when needed.

 

 

ISSUE 4:  Overtime

 

            A.        Background

 

            The subject of overtime is addressed in Article 9 of the

1987-89 Collective Bargaining Agreement.   The Guild proposed

substantial changes in the overtime article. The City offered some

minor changes in the current language.  However, for the most part

the City is proposing continuation of present contract language.

 

 

            B.        The Guild

 

            The Guild proposes to increase the amount of compensatory

time which may be accumulated from 40 hours to 80 hours.  Pursuant

to Section 9.02 employees with authorized overtime entitlements are

allowed to request to be compensated with time off at the time and

one-half rate instead of monetary compensation.  The Guild would

also amend the holiday overtime which currently stands at two times

the regular rate of pay to time and one-half the holiday rate of

pay.

 

            Section 9.03 compels the City to pay an employee at the

overtime rate calculated to the nearest one-quarter hour if that

employee is ordered to remain on duty at the end of the shift.  The

Guild proposed that an employee who is ordered to remain on duty or

report earlier than the regular shift would be entitled to two

hours at the applicable overtime rate in addition to the overtime

for hours actually worked.  The Guild would also modify Section

9.04 to require a minimum of 2 hours of overtime when an officer is

requested to report on a day off, leave, etc. or after going home

from work.  When the employee is ordered to report to duty on a day

off, the employee will be paid a 4 hour allowance at the overtime

rate in addition to overtime for the hours actually worked.

 

            The Guild also proposed to add new language to the

existing overtime provision.   Under the Guild's proposal an

employee would have to be given at least seven working days notice

prior to any regular schedule or overtime schedule changes.  If the

notification is less than the required seven days, the employee

would be considered as being ordered to work and the provisions of

Section 9.03 and/or 9.04 would apply.  The Guild also proposed new

language that when an employee is returned to work with less than

12 continuous hours off, that employee would be considered to have

worked continuously from the previous work period.  Compensation

for those hours would be at the overtime rate.

 

            The Guild proposed a new Section 9.08 on the subject of

standby.  An employee who is "requested" to be on standby would be

paid a 2 hour allowance at the applicable overtime rate in addition

to the hours requested to maintain standby status. An employee who

is ordered to be on standby would be paid a 4 hour allowance at the

overtime rate in addition to the hours ordered to maintain standby

status.

 

            The Guild frames the overtime issue as a "safety, time

off issue" rather than a monetary issue.  According to the Guild,

the City has historically substituted overtime for additional

officers.  The City continuously overspends its overtime budget.

The Guild asserts that the overtime required by the Department is

not only excessive, but dangerous.

 

            It is against this background that the Guild has proposed

language which is punitive in nature to force the City to

reconsider its excessive reliance on overtime to make-up for

staffing shortages.   In addition, the amount of overtime being

worked by members of this bargaining unit creates a situation of

officer fatigue causing a serious danger to both the public and the

officers. Testimony was also presented that the impact of overtime

is seriously disruptive to the family life of members of this

bargaining unit.  Since overtime is mandatory in this Department,

the City should be required to adequately compensate officers for

working excessive overtime due to the fact the City has refused to

increase the number of police officers.

 

            The seven day notice prior to any regular schedule change

is necessary to give officers a reasonable amount of time to plan

their family and personal lives.   The seven day notice would

subject the City to a monetary penalty for its violation. The City

would still be able to change the schedule in order to meet its

staffing needs, but would be required to pay a monetary penalty for

failing to give the seven day notice.

 

            The Guild argues in support of its 12 continuous hours

off provision that fatigue presents a real danger for officers and

the public.  A requirement that an officer be given at least 12

hours off is reasonable protection for the safety of officers and

the public.  The monetary penalty for failing to comply with the 12

hour off provision will compel the City to provide additional

staff.  For all of the above stated reasons, the Arbitrator should

award the Guild's proposal as an appropriate safeguard for officer

safety.

 

 

            C.        The City

 

            The City rejects the Guild's proposals on three main

grounds.  First, the Guild's proposal would increase the overtime

cost to the City by a significant amount.  Second, the doubling of

the amount of compensatory time accrual maximum would increase an

already severe scheduling problem.  Likewise, the seven day notice

of a shift change is not workable due to the nature of police work.

Third, the evidence on comparability does not support the Guild's

proposals .

 

            In sum, the City believes the Guild's overtime proposal

in total, is unreasonable and would have an excessive cost impact

on the City.  Therefore, the Arbitrator should award the City's

proposal which essentially continues existing contract language.

 

 

            D.        Discussion and Findings

 

            The Arbitrator concurs with the City that adoption of the

Guild's proposal would be excessive in total cost and create an

unreasonable restriction on the ability of the City to provide

police services.  The record does establish that the members of

this bargaining unit do work substantial amounts of overtime which

intrudes on their ability to maintain a life separate and apart

from the Police Department.   As such, there is room for some

modification in the overtime article which would not create

excessive costs or unduly restrict the Department's ability to

maintain its staffing levels.

 

            The Guild's proposal to double the amount of compensatory

time available to members of this unit is excessive and should not

be adopted.  A 20% increase in the maximum amount of compensatory

time that could be accrued would set the cap at 48 hours.  The

availability of a additional 8 hours of compensatory time off

should not unduly restrict the ability of the Department to

maintain adequate police services.  The Guild proposal to increase

holiday overtime to time and one-half the holiday rate of pay is

excessive.   Employees who work holiday overtime are paid an

adequate amount at two times the regular rate of pay.

 

            The Guild's proposal to modify Section 9.03 to provide a

minimum 2 hour allowance at the applicable overtime rate in

addition to the hours worked at the applicable overtime rate when

an employee is ordered to remain on duty at the end of his shift or

to report  early goes  beyond the  acceptable  limit  for  such

circumstances.  Under current contract language an employee who

remains after the end of the shift is paid for time actually

worked, calculated to the next one-quarter hour.   This is an

acceptable method to deal with an employee who is required to work

beyond the normal shift. The contract is silent with respect to an

employee who is called to work before the scheduled shift.  It is

reasonable to compensate an officer who is required to report early

with an minimum amount of overtime compensation.  A 1 hour minimum

is reasonable for an officer who is expected to report to work

early on a particular shift.

 

            Section 9.04 requires the City to pay a minimum of 2

hours at the applicable overtime rate for an employee who is

ordered to report for duty on the day off or after going home from

work.  The Guild's proposal to require minimum compensation for an

employee who is  "requested to report to duty" is vague and

uncertain.  The City should only be required to provide minimum

compensation when it orders an emplqyee to report for duty on a day

off or after going home.  A minimum callback payment of 3 hours is

the standard in the comparables offered by the Guild.  Hence, the

Arbitrator will increase the existing minimum callback time to 3

hours.

 

            A 3 hour minimum is warranted to compensate the officer

for disruption to his or her personal life on a day off or holiday.

Further, the 3 hour minimum is justified as recognition of the fact

the officer must not only work the hours but prepare for duty and

travel to and from the work site for an additional tour of duty.

Accordingly, it will be the award of the Arbitrator to increase the

2 hour minimum callback to 3 hours.

 

            The Guild proposal to require a seven day notice prior to

any regular schedule change represents an undue restriction on the

ability of the City to staff the police force.  Absent from this

record is any evidence members have been subjected to frequent and

repeated changes in shift schedule without adequate notice. Nor is

there evidence that employees have been required to work on a

regular basis without a minimum of 12 hours between shifts. Hence,

the Arbitrator rejects the Guild's proposal to add a new section

9.07.

 

            The final proposal of the Guild to add standby pay in

Section 9.08 should not become a part of the Collective Bargaining

Agreement.   The record does not reflect that employees are

requested to standby or be at the beckon call of Department

management.

 

 

AWARD

 

            The Arbitrator awards with respect to overtime as

follows:

 

 

            1.         Section 9.01 shall remain unchanged in the

            successor contract.

 

            2.         Section 9.02 shall be amended to provide

            for a maximum accrual of compensatory time off

            at 48 hours.

 

            3.         Section 9.03 shall be amended to read:

 

            An employee ordered to remain on duty at the

            end of his regular shift or to report early

            shall be paid at the applicable overtime rate

            for time actually worked, calculated to the

            nearest one-quarter (1/4) hour.

 

            A new paragraph would be added which states:

 

 

            An employee who has left the workplace and who

            is called back to duty for a period of time

            which is  less  than two  (2)  hours,  shall

            receive a minimum of two (2) hours of overtime

            compensation.

 

            4.         Section 9.04 shall be modified to read:

 

            An employee called to report to duty on his

            day off or holiday shall be guaranteed a

            minimum of three (3) hours at the applicable

            overtime rate.

 

            5.         Section 9.05 shall remain unchanged in the

            successor contract.

 

            6.         Section 9.06 shall remain unchanged in the

            successor contract.

 

            7.         The Guild's proposals to add new language

            in 9.06, 9.07 and 9.08 shall not become a part

            of the Collective Bargaining Agreement.

 

 

Further, if the holiday falls on a day in which the officer is

required to work, the officer should receive the regular pay, plus

an extra days pay, and if overtime is required, the overtime rate

be one and one-half times the regular pay. According to the Guild,

if an employee is required to work on the holiday, an employee

should receive recognition of that fact in the form of additional

compensation.  By making a monetary distinction between a worked

and a non-worked holiday, the Guild submits it would encourage the

City to reschedule an employee and grant an employee's request for

time off.

 

            The City's proposal is defective in that it makes no

distinction between the employee who is not required to work and an

employee who is required to work when it comes to monetary

compensation.  Therefore, the Arbitrator should sustain the Guild

and award its proposal.

 

 

            C.        The City

 

            The  City takes the position that present contract

language should be continued with a minor change it has proposed.

Because members of this bargaining unit enjoy a competitive holiday

benefit, the existing contract language should be continued. There

is no justification for increasing the cost to the City by awarding

the language proposed by the Guild.

 

            Turning to the Guild's proposal to add an additional

holiday if a holiday is so proclaimed by the state, federal or City

government, City submits that this type of holiday should be

handled at the time such declaration of a holiday is made.  The

 

           

ISSUE 5:  Holidays

 

            A.        Background

 

            Article 10 of the existing contract incorporates ten

designated holidays and one floating holiday.  If a holiday falls

during the employee's scheduled vacation, employee's day off or if

the employee is scheduled to work a holiday, the employee is given

another work day off during the month or with the approval of the

Chief  of  Police  have  eight  hours  added to  the  employee's

compensatory time bank.   Neither party proposes to change the

number of holidays available for employees. However, the Guild did

propose language which would grant an additional holiday if such

holidays were created by declaration, emergency or proclamation of

the City.  The Guild would also provide additional compensation

when an employee worked on a holiday or the holiday fell during the

regular day off.  The City proposed to continue current contract

language with the  addition of  language which would require

personnel working shift work to observe the four traditional

holidays.

 

            B.        The Guild

 

            The Guild proposed to add language which would add an

additional  holiday  "created  by  declaration,  emergency  or

proclamation of the City."  The Guild reasons that if the federal,

state or City government declares a day a holiday, a police officer

should be entitled to receive the holiday just the same as other

employees who enjoy the benefit. The contract between the City and

the firefighters grants an additional holiday if the day is

declared to be such by the mayor.   While a different holiday

schedule is a rare occurrence, the police officers of this City

should  not  be  excluded  from  receiving  additional  holidays

established by the state, federal or City governments.

 

            The Guild also proposed to add new language to the

contract which stated:

 

                                                * * *

            If the employee's regular day off falls on a

            holiday, she/he shall receive the equivalent

            of an extra day off, in comp time or annual

            leave at their option, for said holiday.   (By

            way of illustration, a person working (5) 8

            hour shifts during a week will receive 8 hours

            of comp time or annual leave.)

 

            At the employee's option,  subject to the

            approval  of  the  Chief  or  his  designee,

            holidays may be taken off and not worked.

            Holidays on which the employee elects not to

            work will be compensated for in comp time at

            the same rate as those worked.   (By way of

            illustration, the day off plus an additional 8

            hours of comp time.)

 

            An employee whose schedule is changed or is

            required to take the holiday off will be

            compensated as a day off plus an additidnal 8

            hours of comp time.

 

            Employees working overtime on a holiday will

            have their overtime rate based on the holiday

            rate of pay, for all overtime hours worked.

 

 

            The essence of the Guild's proposal is that if a holiday

falls on a day off or during an employee's vacation, the officer

should receive, in addition to regular pay, either eight hours

compensatory time or annual leave at the employee's option.

City should not be locked into granting an additional holiday

simply because another agency declares a holiday.

 

            On the  issue of holidays  falling within scheduled

vacation or days off, the City maintains its proposed language is

simpler to administer and less costly overall.   The Guild's

proposal would complicate the computations and make it more

difficult to administer the language.  Regarding holidays that are

worked, the City argues the present system has served the parties

well.  The contract should not be complicated with the Guild's

vague and confusing language.

 

            In sum, the City submits the Guild's proposal should be

rejected as unnecessarily adding to the overtime costs and

injecting confusing language into the contract.

 

 

            D.        Discussion and Findings

 

            The Arbitrator disagrees with the Guild's position that

it should have a holiday when such is declared by either the

federal or state government.  The City is an independent political

entity which should not be automatically subjected to holidays

declared by either the state or federal government.  The fact that

a federal or state worker may get an additional holiday is not

sufficient justification to grant the same to a City worker.

However, the Arbitrator was persuaded that if the City declares an

additional holiday that members of this bargaining unit should be

entitled to that holiday without additional negotiations.   The

precedent for this is set in the firefighter contract.   The

Arbitrator will award language identical to that contained in the

firefighter contract mandating an additional holiday when it is so

declared by the mayor of Pullman.

 

            A comparison of either the City's list of comparables or

the Guild's list of comparable cities establishes that the members

of this bargaining unit enjoy a competitive number of paid

holidays. This fact argues against the increase in the cost of the

holiday benefits which would follow with the adoption of the

Guild's proposals.   The Arbitrator has awarded salary increases

which will increase the compensation for members of this bargaining

unit. There is little justification for increasing the cost to the

City by adding a provision that will result in higher costs to fund

the holiday benefits.

 

            Present contract language requires that an employee who

is on a scheduled vacation or on a day off is entitled to

recognition for the designated holiday. The contract provides that

such an employee will receive a scheduled day off in recognition of

the holiday falling during a vacation or day off.  Further, with

the approval of the Chief of police, an additional eight hours can

be added to the employee's compensatory time bank.  While there is

some merit to providing additional compensation to employees who

work on a scheduled holiday, it is the conclusion of the Arbitrator

that the time is not ripe for such increase in the value of the

holiday benefit.   None of the comparator contracts support an

increased overtime rate for all holidays worked.

 

            The Arbitrator will award the continuation of present

contract language with the addition of the language that should a

holiday be declared by the mayor of Pullman the members of this

unit would receive the additional holiday.

 

 

AWARD

 

 

            The Arbitrator awards that Article 10 should be continued

in the new contract with the addition of language to state:

 

 

            1.         The employee shall also have a holiday on

            any day so declared by the mayor of Pullman.

 

            2.         All personnel working shift work will

            observe the traditional holidays as follows:

            January 1 - New Year's Day

            July 4 - Independence Day

            November 11  - Veterans Day

            December 25 - Christmas

 

 

ISSUE 6:  Vacations

 

 

            A.        Background

 

            The vacation benefit is contained in Article 11 of the

existing contract.  Both parties are proposing to continue the

existing vacation allotment.  The difference in this issue centers

over the amount of time employees should be allowed to accumulate

with respect to vacations.   Article  11 allows employees to

accumulate  "up to a maximum of twenty-five (25) days vacation

time."  The City proposed to continue current contract language.

The Guild proposed to increase the amount of vacation time which

could be accumulated up to a maximum of 35 days of vacation time.

The only issue before the Arbitrator on vacations is whether or not

accumulation should be 25 days or 35 days.

 

 

            B.        The Guild

 

            The Guild takes the position that its proposal to

increase the accumulation of vacation from 25 to 35 days is

supported by comparability. The maximum that can be accumulated in

Wenatchee is 50 days, Richland 37.7 days, Pasco 24 to 40 days,

Kennewick 35 days, and 1 week from the previous year in Walla

Walla.  The Walla Walla situation is different in that Walla Walla

gives 20 days vacation after 10 years of service, a total annual

leave that is much higher than the other comparables.

 

 

            C.        The City

 

            The City takes the position that both internal and

external comparators support retention of the 25 day maximum

accumulation of vacation time.  According to the City, vacation

hours should be used to reduce job stress rather than build up to

excess.  Increased absences due to vacation also create scheduling

problems and increase the City's overtime costs.  If an employee

with a large amount of vacation accrual terminates with the City,

an additional financial burden is placed on the tax payers because

the vacation time is not used but must be paid for in cash.  The

practice within the City is to allow employees to accumulate up to

a maximum of 25 days vacation time.   That standard should be

continued for members of the police bargaining unit.

 

 

            D.        Discussion and Findings

 

            The Arbitrator finds that a slight increase in the amount

of time which employees will be allowed to accumulate for vacation

is justified.  While the City's evidence on internal comparators

supports its position, the evidence of either the City or the Guild

on the external comparators supports an upward adjustment in the

maximum  amount  of  vacation  time  which  can be  accumulated.

Ellensburg, Pasco, Walla Walla and Wenatchee all provide for

significantly more vacation time to be accumulated.  Likewise the

Guild's evidence from Richland and Pasco demonstrated these cities

provide for substantially higher accumulation rates than is present

in this contract.  The Arbitrator will award an increase in the

maximum accumulation rate to 30 days effective January 1, 1992. An

increase of 5 days is supported by the external comparators and

will be consistent with the internal comparators.

 

 

AWARD

 

 

            The Arbitrator awards that existing contract language be

continued  except  that  the  paragraph  providing  a  maximum

accumulation of vacation time at 25 days be amended to state as

follows:

 

 

            Effective January 1, 1992, an employee shall

            be allowed to accumulate up to a maximum of

            thirty (30) days vacation time.

 

 

ISSUE 7:  Premium Pay

 

 

            A.        Background

 

            Article 21 of the existing Agreement provides premium pay

for officers who work swing or graveyard shift.  Premium pay for

swing shift is $15 per month and $20 per month for graveyard shift.

The sole remaining issue in dispute is the pay differential that

should be established for swing and graveyard shifts.  The City

would continue the existing amount of premium pay while the Guild

would increase the premium pay to $50 per month for swing shift and

$100 per month for graveyard shift.

 

 

            B.        The Guild

 

            The Guild notes at the outset that while the title of the

article  is  premium pay  the  issue  is  really  one  of  shift

differential for officers who work swing and graveyard shifts. The

Guild suggested that the Arbitrator might relabel this article to

reflect its true character.  The Guild proposed to increase the

shift differential for swing shift to $50 per month and graveyard

to $100 per month.

 

            The evidence established that the City agreed to a shift

differential of $50 per month per swing shift and $100 for

graveyard shift in the pullman Police Support Services staff

contract.  All the Guild is seeking by this proposal is to achieve

parity for the police officers with the other Guild bargaining

unit.  It is a proposal the City has the ability to fund.  Thus,

the Guild's proposal for increasing the shift differential should

be granted.

 

 

            C.        The City

 

            The City proposed that the differential for shift work

should remain unchanged.  While it is true the City agreed to

increase the shift differential for Support Services, the higher

premium pay was an incentive for settlement at a wage increase

lower than this unit is seeking.

 

            The City next argues that the existing shift differential

exceeds that of its comparable jurisdictions.  Ellensburg, Moses

Lake and Pasco provide no shift differential.  Walla Walla pays an

additional $14.44 per month and Wenatchee pays $30 per month.

(City Ex. 55 & 56).  Even if the Guild's comparables are accepted,

the present contract provides the shift differential which exceeds

the jurisdictions cited by the Guild.  (City Ex. 57).

 

            D.        Discussion and Findings

 

            On its fact the shift differential of $15 per month for

swing and $20 per month for the graveyard shift is meager and

inadequate compensation for officers working non-traditional hours.

The City recognized this fact when it increased the compensation to

Support Services personnel to $50 and $100 for working swing and

graveyard shifts.

 

            The City objects to increasing the shift differential for

this group of employees on the ground the higher premium pay was an

incentive for settlement in the Support Services contract.  There

is no evidence in the record which supports that proposition other

than the fact the parties did in fact agree to a certain level of

shift differential pay. The Support Services staff has enjoyed the

increased premium pay level since January 1, 1990.  Accepting the

City's position as having some validity, the Arbitrator will make

the increase in shift differential effective July 1, 1992 as

recognition that differences are present in the total compensation

packages available to the two groups of employees.  The Arbitrator

will also reduce the amount of the increase to $35 per month for

swing shift and $60 per month for graveyard shift.

 

            The controlling factor on this issue is internal parity.

The non-uniformed employees covered by the Support Services

contract work in conjunction with the uniformed officers on swing

and graveyard shifts.  There is no reason to establish different

shift differentials for employees working the same shifts to

provide police services for the citizens of Pullman.  With the

exceptions of the effective date for change in premium pay and

reduced amounts, the Arbitrator will award the language contained

in Article 24 of the Support Services contract.  The increase in

shift differential for uniformed officers recognizes that uniformed

officers should maintain a closer relationship in compensation paid

for shift work to the non-uniformed employees that would result

from adoption of the City's proposal.   The parties reached

tentative agreement on the second paragraph contained in Article 25

of the City's proposal.   Hence,  it is unnecessary for the

Arbitrator to deal with that aspect of the dispute on this issue.

 

 

AWARD

 

            The Arbitrator awards new language to be included in

Article 25 to state:

 

 

            Effective July 1, 1992, an employee who works

            swing or graveyard shift shall receive premium

            pay in accordance with time worked.  Premium

            pay shall be thirty-five dollars ($35) per

            month for swing shift and sixty dollars ($60)

            per month for graveyard shift.   Part-time

            employees shall receive premium pay on a pro

            rata basis.

 

 

The Arbitrator also awards that the title to Article 21 should be

changed to Shift Differential.

 

 

ISSUE 8:  Training Standards

 

 

            A.        Background

 

            Article  22  of  the  current  Agreement  is  entitled

"Maintenance of Standards." The parties have agreed that the title

to Article 22 does not correctly represent the subject of the

article.   The parties have agreed to retitle the article as

Training Standards.  In this provision the parties have committed

to "encourage each employee to maintain a high degree of personal

fitness, proficiency, knowledge and skill in procedures in work."

The parties have agreed to continue the first paragraph of the

article except to change the reference from union to the Guild.

Two major areas are in dispute between the parties in this issue.

 

            The first issue deals with compensation for time spent in

travel and attendance at training or schools.  The City proposed

that any time spent in excess of normal working hours will be

compensated for in compliance with FLSA.  In essence this means

that if three officers drive to Seattle for training, at a time

outside of their normal work schedule, only the driver of the

vehicle is compensated for the travel time.  The Guild proposed

that travel time be compensated at the normal rate of pay or

overtime if applicable.  The current practice is consistent with

the City's proposal.

 

            The second area of disagreement concerns a Guild proposal

to provide premium pay for the specialized functions of Field

Training Officer, Supervisor, Defensive Tactics Instructor and Fire

Arms Instructor.  The City made no proposal for additional

compensation for the performance of these functions.

 

 

            B.        The Guild

 

            The Guild takes the position that officers who are

required to travel to and from training without compensation are

losing a significant amount of their personal time and not being

compensated because they are not driving the vehicle. According to

the Guild,  it is appropriate that the City be required to

compensate employees for the loss of their personal time.  Since

the training is mandatory and the employee is required to travel to

training sites, the employee should be compensated for the travel

time.

 

            Regarding  the  proposal  to  compensate  officers  for

training work  functions,  the  Guild argued that  all of the

specialized  duty  assignments  have  significant  additional

requirements and impact on the officer. These duties are fulfilled

in addition to the normal work that each member performs as a

police officer for the City.

 

            Each of the specialties require extensive education and

certification in order to serve in the specialized functions in

dispute.   Further, the officers who fulfill these specialized

functions are required to perform extra work such as maintenance of

paper work, development of curriculum, and performing the work at

times other than the normal shift.  The Guild views this proposal

as  extra pay for extra work."

 

            The final aspect of the Guild's proposal would allow

members to resign from the specialized training functions.  One

member testified at the hearing that he has tried to quit the

Defensive Tactics Instructor assignment on two different occasions

because of the disruption to his personal life.  In both cases the

officer was not allowed to resign and was required to continue to

perform the assignment.  The Guild believes that employees should

not be required to perform duties over and above a police officer

without the member's consent.

 

 

            C.        The City

 

            The City objects to the Guild's proposal as it would

markedly increase overtime pay in a manner not required by law.

According to the City, its obligation to pay officers while engaged

in training should be defined by the FLSA.  Officers should not be

paid overtime for merely riding in a car outside of duty hours.

 

            Turning to the Guild's proposal regarding pay  for

specialized functions, the City submits the officers accept and

perform this training for the extra overtime pay they receive.  It

would be inappropriate to compensate officers with an additional

three percent for each additional assignment of this type as it

would constitute pyramiding of pay.  The three percent increase

would also increase the base for the overtime hours paid.  No

comparables were offered by the Guild justifying such a pay

practice.  None of the five cities which the City selected offered

training  standards  pay  for  officers  performing  specialized

functions.

 

            Moreover, the Chief testified that training officers

schedules are adjusted to accommodate the responsibilities which

are carried with the assignment.  With a low turnover rate in the

Pullman Police Department, the incidents of training recruits is

low.  Thus, the Arbitrator should reject the proposal of the Guild

and award the City's offer on this issue.

 

 

            D.        Discussion and Findings

 

            The Arbitrator finds that there is an area of compromise

which will recognize the legitimate needs of both sides on this

issue.  Due to the remote location of Pullman, training which takes

place in the Seattle area requires a substantial amount of travel

time.  In some cases the travel time could amount to an additional

day to reach the training site and return.  Where the training is

required by the City, it is unreasonable for the City to be free of

any obligation to the employee who must travel  significant

distances outside of the normal workday.  The City under the agreed

on language controls whether or not employees shall attend training

and be compensated for it by the City.

 

            The Arbitrator will award language that provides for

compensation in compliance with the FLSA. However, when the travel

time exceeds three hours, officers shall be compensated at the

applicable overtime rate for the time spent in travel in excess of

three hours.

 

            The Guild's proposal for premium pay for specialized

functions  should  not  be  implemented  during  this  round  of

bargaining.  The subject of premium pay for specialized functions

should be deferred to future negotiations.  On the other hand, if

the City is not expected to compensate employees for performing the

specialized functions, the Arbitrator is persuaded that there

should be limits on the amount of time a member should be required

to serve as a Field Training Officer, Fire Arms Instructor and

Defensive Tactics Instructor. The City has a legitimate concern in

preventing turnover in employees who perform training for the

Department.  It costs money and time to get an officer certified to

provide the specialized training.   The Arbitrator will award

language which limits the amount of time an officer can be required

to perform a specialized function to three years.  Because this is

new language, the Arbitrator will set January 1, 1991, as the point

from which the three year service requirement shall be measured.

 

 

AWARD

 

 

            The Arbitrator awards a training standards provision to

read as follows:

 

 

            It shall be the joint responsibility of the

            City and the Guild to encourage each employee

            to maintain a high degree of personal fitness,

            proficiency, knowledge and skill in procedures

            and work.  Training and seminars shall be made

            available to the employees for this purpose.

            Employees electing to attend such training

            while off duty shall do so at no expense to

            the City, except travel and/or lodging shall

            be paid by the City if in the opinion of the

            Chief of Police satisfactory benefits will be

            gained by the City.

 

            Travel, breaks, etc., going to and from and

            while attending mandatory training or schools,

            will be compensated for consistent with normal

            hours worked. Any time spent in excess of the

            normal working hours will be compensated for

            in compliance with FLSA.   In the event the

            time spent in excess of normal working hours

            exceeds three (3) hours, the amount of time

            limit over the three  (3)  hours  shall be

            compensated at the applicable overtime rate.

 

            Special arrangements will be made for swing

            and graveyard employees to attend schools.

            Adjusted travel days will be provided so as to

            avoid the loss of normal days off which fall

            within the scheduled training or travel to and

            from.

 

            Officers assigned to specialized functions

            (I.E.,  Field  Training  Officers,  Firearms

            Instructors,  Defensive Tactics Instructors)

            shall not be required to perform any of the

            three specialized functions for a period in

            excess of three (3) consecutive years.  The

            initial period for calculating the time spent

            in these three specialized functions shall be

            January 1, 1991.

 

 

ISSUE 9:         Education/Longevity

 

 

            A.        Background

 

            Article 24 of the 1987-89 Agreement offers an educational

incentive pay for officers who have completed a specified number of

education credits in four identified fields of study.   The

incentive pay ranges from 2% for one year of study to 10% for a

masters degree.  A bachelors degree is worth 8%.  The majority of

the members in this unit receive some level of education incentive

pay.

 

            The City would continue the existing language with a

modification to add "law and accounting" and "other fields that are

mutually approved" to the list of approved major fields of study

for which education incentive pay would be allowed.  The Guild has

a similar proposal on the expansion of the list of approved major

fields of study.

 

            The major difference in this Article is a Guild proposal

which would combine the education incentive pay with a longevity

matrix.

 

 

            B.        The Guild

 

            The Guild notes at the outset that the Pullman Police

Department is a well educated Department in which 15 of the 21

bargaining  unit  employees  have  a  bachelors  degree  or  its

equivalent.  The Guild offered two main reasons for adding the

longevity benefit to the contract.  First, the retirement systems

under which police officers earn retirement benefits are referred

to as the LEOFF 1 retirement plan and the LEOFF 2 retirement plan.

LEOFF 1 does not count education incentive as part of its base pay

retirement determination. LEOFF 2 does count education incentives.

However, LEOFF 1 does include longevity pay in its base rate

determination.   The Guild submits that adoption of its matrix

system which combines education and longevity would bring "parity

to the retirement systems."

 

            The second justification offered by the Guild for its

longevity proposal is based on recognition of the value of the

veteran officer.  According to the Guild, the skill and experience

of veteran officers is essential for an effective police agency.

Hence, the skill and experience of veteran officers should be

recognized by adding the Guild's proposed longevity program to the

current contract.

 

 

            C.        The City

 

            The City takes  the position that members  of  this

bargaining unit enjoy a competitive and advantageous educational

incentive program which yields additional dollars to the members of

this Department.  From the viewpoint of the City, the addition of

longevity pay is not warranted by the comparables.

 

            In sum, the City submits that the members of this unit

enjoy a superior educational incentive pay that is more than

adequate to keep good officers employed by the City. Longevity pay

is unneeded and is not a prevailing practice among the City's

comparables.  Thus, the Arbitrator should reject the proposal of

the Guild.

 

 

            D.        Discussion and Findings

 

            The Arbitrator finds the Guild failed to make its case

for the addition of longevity pay to the current Collective

Bargaining Agreement.   The competitive position of the present

educational incentive and monetary value to the membership is

undisputed.   No evidence was offered by the Guild which would

justify the payment of additional compensation for longevity with

the City.  Absent strong evidence of comparability, the Guild's

argument for parity under the LEOFF 1 and LEOFF 2 retirement plans

is unpersuasive. Therefore, it will be the award of the Arbitrator

the Guild's longevity proposal shall not become a part of the

Collective Bargaining Agreement.

 

            The parties are close on what fields of study shall be

approved for education incentive pay.  The City proposed law and

accounting    while    the    Guild    proposed    business

administration/accounting as approved major fields for incentive

pay.   No evidence was offered by the City on why a major in

accounting should be the exclusive field in business administration

to qualify for incentive pay.   The Arbitrator will award the

Guild's proposal on this subject.

 

 

AWARD

 

 

            The Arbitrator awards that existing contract language

should continue in the successor Agreement with the addition of two

fields of study for which education incentive could be paid.  The

new contract should contain the following language.

 

            5.         Business Administration/Accounting.

 

            6.         Other fields that are mutually approved.

                                       

 

 

ISSUE 10:       Drug and Alcohol Policy

 

 

            A.        Background

 

            The 1987-89 contract is silent on the subject of drug and

alcohol testing.  Both parties to this dispute endorse the goal to

create and provide a drug free workplace.  The crux of this dispute

centers over how that goal should be accomplished in Pullman. Each

party to this contract issue has advanced their own proposed system

to deal with this controversial issue.  The proposals offered by

each side are comprehensive and complex.  There are significant

philosophical differences between the approaches proposed by the

parties. The Guild characterized its proposal as rehabilitative in

nature and the City's as a punitive approach to this subject.

 

            For the sake of brevity, the Arbitrator has not retyped

the  proposals  offered by  each  party.    The  Arbitrator  has

photocopied the proposals of the Guild and included it in this

award as Attachment A.  The City's proposal is included in this

award as Attachment B.

 

 

            B.        The Guild

 

            The Guild's proposal on this issue is modeled after one

currently in existence for the Auburn Firefighters.   (Guild Ex.

10.1). The Guild takes the position its proposal should be awarded

because it takes a rehabilitative approach to the problem of

substance abuse.   Both parties agree as to the methodology of

testing.  However, the Guild wishes to prevent the drug testing

article from becoming a disciplinary article itself.  The City

would  still  retain  the  right  to  discipline  employees  for

misconduct.  It is the Guild's position that the purpose of this

article should be to enable and assist in the rehabilitation of the

officer for the benefit of both the employer and the employee.

 

            The Guild objects to the City proposal which subjects

officers who handle narcotics or evidence to "greater scrutiny"

than the reasonable suspicion standard established in the Guild's

proposal.   The definition of greater scrutiny is unknown and

without legal precedent.  The Guild is also concerned with the

City's proposal to allow for a second sample in the event the first

sample is lost or destroyed.  Since the City has control over the

sample, it is obligated to preserve the sample.  If the City fails

to protect the sample properly, the Guild sees no reason for the

City to be allowed to obtain a second sample.  The Guild is also

concerned about the City's proposal relating to legal drug use.

Pursuant  to  the  City's  proposal  testing  would  take  into

consideration legal drug use.  According to the Guild, testing

should be designed so that legal drug use does not effect the drug

test.  The officer should not be subjected to any adverse testing

results for consuming a substance prescribed by his doctor.

 

            The Guild next argues the City's proposal for LSD testing

is flawed since no standards exist for LSD testing.  In addition,

if testing standards are changed during the term of the Collective

Bargaining Agreement, the Guild should have the right to bargain

over their inclusion in the contract.  The City's proposal would

automatically include changes in standards in the Collective

Bargaining Agreement.  Therefore, the Arbitrator should award the

language proposed by the Guild.

 

 

            C.        The City

 

            The City takes the position that the Police Department

needs to be in a leadership role with respect to controlling

substance abuse.   The public expects the Police Department to

provide this leadership and to set an example.   The City must

retain the right to discipline for substance abuse which it

considers, in and of itself, misconduct.   The City reasons it

cannot tolerate the Guild proposal that an employee must be given

the right to treatment instead of discipline.  Employees who are

disciplined for drug and alcohol related offenses retain their

right to grieve under the contract procedures.

 

            The City also objects to the Guild's proposal requiring

the City to pay for rehabilitation costs over and above what might

be allowed by the insurance carrier.  The City submits it should

not be subjected to the potential unlimited expense for drug and

alcohol rehabilitation.

 

            The City concluded in its post-hearing brief as follows:

 

            In summary, the Guild's proposal puts the City

            in  the  position  of  not  being  able  to

            effectively execute a comprehensive substance

            abuse policy and by doing so undermines the

            integrity of the Pullman Police Department in

            the eyes of the public and hampers the City's

            effort to create and maintain the safest

            possible work environment for its employees.

 

 

            D.        Discussion and Findings

 

            At the outset the reader must recognize both parties

concur that a substance abuse policy is appropriate and necessary.

The dispute before this Arbitrator centers over which of the

proposals should be implemented. The impetus for the bargaining on

this subject was provided by the Drug Free Workplace Act of 1988.

Both of the proposals offered by the parties go far beyond the

minimum requirements of the law.  The legislative initiatives are

designed to eliminate drug use and abuse in our country.

 

            The Drug Free Workplace Act of 1988 requires the City to

take certain steps to incur a drug free workplace.  The Drug Free

Workplace Act provides a unique circumstance for applying the

statutory criteria to a labor dispute.  The only factor relevant to

this dispute is comparability.  However, neither of the parties

introduced any evidence of comparability from their list of

jurisdictions which the parties sought to compare themselves with

for the purpose of establishing a drug and alcohol policy.  The

failure to offer evidence on comparability results partially from

the fact that many jurisdictions have not established in their

collective bargaining agreements substance abuse policies.

 

            The state of the record in this case is that there is no

historic  or  current  drug  abuse  problem  within  the  Police

Department.  The one example referred to at the hearing was an

employee with an alcohol problem, a legal substance, in which the

parties implemented a rehabilitation philosophy for this employee.

The approach of the parties worked to successfully address the

employee's situation.   The parties dealt with the situation

involving alcohol abuse without any contract language on the

subject.

 

            When a party proposes a change or addition to a contract,

interest arbitrators traditionally require the party offering the

proposal to provide evidence of a demonstrable need for the new

language.  Absent from this case is a scintilla of evidence there

exists among the members of this bargaining unit an abuse problem

justifying the intrusive procedure contemplated by either proposal.

The motivating factor for including this language in the contract

is federal law.  In the judgment of this Arbitrator, the parties

should proceed slowly when developing contract procedures for

dealing  with  substance  abuse.    A  careful  review  of  the

comprehensive language offered by both parties revels that the

Guild's approach provides the least intrusive method to meet the

requirements of federal law and address this important issue.

 

            Adoption of  the Guild's proposal will  establish a

leadership role with respect to controlling substance abuse and

humane treatment of the members of this Department.  At this stage

of development of a substance abuse program, the Arbitrator concurs

with the Guild that a rehabilitative approach is the preferred path

to follow when first entering into this complex and controversial

area of the law.  The City has a legitimate objective in creating

a policy for a drug free workplace. When the City is pursuing this

legitimate objective, it is important to balance the employer's

interest against the level of intrusion into an employee's personal

privacy.  The absence of a demonstrable problem within this Police

Department compels the Arbitrator to award the Guild's proposal

which is carefully limited and reasonably designed to meet the

legitimate needs of the City.  If in the future, problems with drug

and alcohol abuse warrant expansion of the policy, changes can be

negotiated in this language in future contracts.  Nothing in this

record suggests the City of Pullman needs to be a leader in drug

and alcohol testing policies in the state of Washington.

 

            The Arbitrator concurs with the City that in one respect

the Guild's proposal should be modified.  Specifically, in Section

10 of the Guild's proposal the City is required to pay any costs

over and above the insurance coverage for the initial treatment and

rehabilitation of an employee.  The City should not be required to

write a blank check for treatment programs beyond that provided for

in the insurance policy.  The subject of treatment and the cost of

paying for such treatment should be deferred until future contract

negotiations.

 

            Accordingly,  the Arbitrator will award the Guild's

proposal with the deletion from Section 10 of the proposal

requiring the City to pay for the initial treatment program over

and above what might be covered by insurance.

 

 

AWARD

 

            The Arbitrator awards that the Guild's proposal shall

become a part of the successor contract with one exception.

Specifically, the Arbitrator deletes from Section 10 of the Guild's

proposal the sentence which reads:

 

 

            Any cost over and above the insurance coverage

            shall be paid for by the City for the initial

            treatment and rehabilitation.

 

 

ISSUE 11:       prevailing Rights

 

            A.        Background

 

            The status quo is represented by Article 15 which reads:

 

 

            ARTICLE XV - PREVAILING RIGHTS

 

            15.01     The Union agrees that the management

            and operation of the Department are that of

            the employer unless otherwise provided by the

            terms of this Agreement.

 

            15.02   The Employer agrees that any and all

            working conditions, wages, hours and monetary

            benefits not covered by this Agreement shall

            be maintained at no less than the highest

            standards in effect previous to the time of

            signing of this Agreement.

 

            15.03   No conditions, rights or privileges

            of   either  party   are   affected  unless

            specifically mentioned in this Agreement.

 

 

The Guild proposed to continue present contract language.  On the

other hand, the City offered language which would substantially

change the existing provisions. The City's proposed language would

include a "laundry list of enumerated management rights."

 

 

            B.        The City

 

            The City takes the position that the laundry list

management rights provision has been in effect between the City and

its other bargaining units and with the City's comparables.  (City

Ex. 65 & 67).  In addition, the Guild has agreed to a laundry list

type of management rights article with its Support Services unit.

The Guild should also accept the long form provision with uniformed

officers.  The City submits that two different provisions on this

subject would be confusing and clumsy when the Chief seeks to

administer the two separate contracts.  Therefore, the Arbitrator

should award what the Guild accepted for the Support Services

staff.

 

 

            C.        The Guild

 

            The Guild takes the position that the City's proposal

should be rejected. According to the unrebutted testimony from Ron

Miller, the current Guild president and shop steward for the

Teamsters, there has been no problem with the prevailing rights

article which has existed for 21 years.  Since the City has not

presented the arbitration panel with any reason to change the

article, the current contract language should be preserved.

 

 

            D.        Discussion and Findings

 

            Present contract language provides a direct statement

that "the management and operation of the Department are that of

the Employer unless otherwise provided by the terms of this

Agreement."  The Arbitrator was not persuaded the present language

is a meaningless statement of the retained rights of the City.  It

is precise and to the point that unless bargained away in this

Agreement, the City retains its prerogatives to operate the Police

Department as it sees fit.

 

            The City has proposed a significant change in the

management rights article by moving from a basic statement of

management  prerogatives  to  a  "laundry  list"  of  exclusive

prerogatives plus an incorporation of statutory rights into the

contract. While there is some value in including a laundry list of

enumerated management rights in a collective bargaining agreement

for purposes of clarification, the Arbitrator remains unconvinced

that the City has  offered sufficient  evidence to make the

substantial changes to the management rights article it seeks by

this proposal.  First, the existing language has been a fixture in

the Collective Bargaining Agreement for 21 years. Second, the City

was unable to point to a single situation in which the management

rights clause has unduly restricted the ability of management to

make decisions regarding police operations.

 

            Third, there is no evidence the Guild or its predecessor

has filed unfounded grievances because of the absence of a

comprehensive and detailed management rights type of provision. In

fact, there is no evidence that any grievances have been filed that

were based upon the management rights article.   Fourth,  the

Arbitrator remains unconvinced that the police chief would suffer

significant problems because he would be forced to administer

different provisions in this subject area for the two bargaining

units.

 

            Fifth, while the evidence on comparability would argue in

favor of  a more extensive management  rights provision,  the

Arbitrator was not persuaded that problems with the existing

language warranted taking the mammoth step from a basic statement

of management rights to an all encompassing and extremely detailed

management rights provision as proposed by the City.

 

            In sum, the City has failed to demonstrate any problems

with existing contract language.  Absent a showing the existing

language is unworkable or unfair to the City, the Arbitrator is

unwilling to award the substantial and significant changes sought

in this article by the City.

 

 

AWARD

 

 

            The Arbitrator awards that the existing language should

remain in the successor Agreement without modification.

 

 

ISSUE 12:       Pay Days

 

 

            A.        Background

            Employees are currently paid on the last working day of

the month.  The City proposed to change the payday from the last

working day of the month to the fifth working day but no later than

the seventh calendar day. The Guild proposed to retain the current

system that payday is the last working day of the month.

 

 

            B.        The City

 

            The language proposed by the City for Article 30 reads as

follows:

 

            Contingent upon the approval of all bargaining

            units within the City, payroll warrants shall

            be distributed on the fifth working day of the

            month next following the month for which

            salaries and wages are earned, as long as this

            date is no later than the 7th calendar day of

            the month.    Said  payroll  warrants  shall

            contain  all  pay  elements  claimed  by  the

            employee and approved by the department head

            through the last day of the prior month.  A

            permanent employee may also request a salary

            draw to be disbursed on the twentieth day of

            each month,  or  the  last  regular  workday

            preceding the twentieth.  The amount of said

            draw  shall  not  exceed  one-half  of  the

            employee's regular monthly take-home salary,

            excluding such elements as overtime, holiday

            pay,  and other non-recurring entitlements.

            The  request  for  said  draw  must  be  for

            continuous months, be submitted prior to the

            15th day of the effective month, and the draw

            amount may be changed only in the months of

            February and July. The draw amount shall be

            deducted from the employee's monthly payroll

            warrant.

 

            The City argued that all other City bargaining units have

agreed to this change in the day on which employees are paid.  The

City has also implemented this change with respect to all non-

represented employees.  The Guild has accepted this revised payday

schedule in the new police Support Services Agreement.  However,

the City cannot implement this change unless it is done on a City

wide basis. To adopt a payday schedule which is inconsistent among

other employee groups would be administratively expensive and

clumsy.

 

            City witness Jack Tonkovich testified that the existing

practice does not conform to state law,  requirements of the

retirement  system,  state department of  labor and industries

regulations, as well as those of the social security system.

According to the City, the pay proposal would benefit Guild

employees who earn overtime in the last week of the month and are

currently not paid until the end of the following month. Tonkovich

also testified without contravention that the mid-month draw would

be of assistance to the employees.

 

            The City's proposal should be awarded in order to bring

Pullman into conformance with the federal and state laws and

regulations concerning employee pay.

 

 

            C.        The Guild

 

            The Guild maintains that the payday should continue to be

the last working day of the month.   While the City presented

evidence as to the difficulty in calculating overtime and other

accounting problems, the City did not explore any alternatives

which might also solve the problems with the payday set as the last

day of the month.  According to the Guild, the accounting problems

presented by the City can be resolved without changing the payday.

The Guild is willing to work with the City in seeking viable

alternative methods of delivering the pay to employees.  The Guild

pointed to the testimony of officer Chris Tenant who stated that it

would be a hardship on him to have the change in his payday.

Officer Tenant testified that he has his house payment scheduled

for the first working day of the month.  By changing the payday his

scheduled house payment would not coincide with the date he

receives his salary check.  Thus, the Arbitrator should award the

existing contract language.

 

 

            D.        Discussion and Findings

 

            The Arbitrator finds the City's proposal is warranted.

This is another one of those issues where internal parity controls

as it deals with a payroll system that is common to all employees

of the City.  All other bargaining units have accepted the City's

proposed language.  The City intends to implement the same type of

system for non-represented employees.

 

            The City's evidence and testimony of Jack Tonkovich

established that there are some real legal problems with the

current payroll system.   (City Ex. 68 & 69).  Adoption of this

proposal will help to alleviate those accounting problems without

causing substantial inconvenience to the members of this bargaining

unit.  While it is true some adjustments may have to be made by

employees because they will not receive their checks on the last

working day of the month, the Arbitrator was not persuaded that

objections from this bargaining unit should holdup the entire

modernization of the payroll system.

 

            The Arbitrator concludes the City's proposed language for

Article 30 should be adopted.

 

 

AWARD

 

 

            The Arbitrator awards the City's proposal which states as

follows:

 

            Contingent upon the approval of all bargaining

            units within the City, payroll warrants shall

            be distributed on the fifth working day of the

            month next  following the month for which

            salaries and wages are earned, as long as this

            date is no later than the 7th calendar day of

            the  month.    Said  payroll  warrants  shall

            contain  all  pay  elements  claimed by  the

            employee and approved by the department head

            through the last day of the prior month.  A

            permanent employee may also request a salary

            draw to be disbursed on the twentieth day of

            each month,  or  the  last  regular workday

            preceding the twentieth.  The amount of said

            draw  shall  not  exceed  one-half  of  the

            employee's regular monthly take-home salary,

            excluding such elements as overtime, holiday

            pay,  and other non-recurring entitlements.

            The  request  for  said  draw  must  be  for

            continuous months, be submitted prior to the

            15th day of the effective month, and the draw

            amount may be changed only in the months of

            February and July. The draw amount shall be

            deducted from the employee's monthly payroll

            warrant.

 

 

 

Respectfully submitted,

 

 

Gary L. Axon

Arbitrator

Dated: March 16, 1992

 

 

                                                                                                ATTACHMENT A

 

 

 

PULLMAN POLICE OFFICERS' GUILD

 

PROPOSAL

 

OCTOBER 15, 1991

 

DRUG AND ALCOHOL TBSTING POLICY

 

 

The procedure outlined in this document for drug and alcohol

testing shall become part of the current collective

bargaining Agreement between the City of Pullman (the City)

and the Pullman Police Officers' Guild (the Guild), and be

covered by all applicable articles within that Agreement.

 

 

SECTION O1 POLICY:

 

In recoqnition and compliance with the Federal

Drug-Free Workplace Act, and other applicable Federal

Statutes, the City and the Guild are committed to a

drug-free workplace and have an obligation to insure

public safety and trust with regard to their services

and programs.  Accordingly, the manufacture,

distribution, dispensation, unlawful possession, or use

of a controlled substance or drug not medically

authorized, which would impair job performance or pose

a hazard to the safety and welfare of the employee, the

public, or other employees, or the use of alcohol in

the work place is strictly prohibited.

 

It is the goal of this policy to prevent, eliminate or

absolve illeqal drug usage through education and

rehabilitation of the affected personnel.

 

 

SECTION 02   INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL

TESTING:

 

All employees shall be fully informed of the City's

druq and alcohol testing policy.  Employees will be

provided with information concerning the impact of the

use of alcohol and drugs on job performance.  In

addition, the City shall inform the employees on how

tests are conducted, what the test can determine and

the consequences of testing positive for drug use.  All

newly hired employees will be provided with this

information on their initial date of hire.  No employee

shall be tested before this information is provided to

him/her.

           

 

SECTION 02   INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL

TESTING:  (continued)

 

Employees who voluntarily come forward and ask for

assistance to deal with a drug and/or alcohol problem

shall not be disciplined by the City.  No disciplinary

action will be taken against an employee unless he/she

refuses the opportunity for rehabilitation, fails to

complete the program successfully, or again test

positive for drugs within two (2) years of completing

an appropriate rehabilitation program.

 

 

SECTION 03  EMPLOYEE TESTING:

 

Employees shall not be subjected to random medical

testing involving blood or urine analysis or other

similar or related tests for the purpose of discovering

possible drug or alcohol abuse. If however, objective

evidence exists establishing reasonable suspicion to

believe an employee's work performance is impaired due

to drug or alcohol abuse, the City will require the

employee to undergo medical test consistent with the

conditions as set forth in this Policy.

 

 

SECTION 04   SAMPLE COLLECTION:

 

The collection and testing of the samples shall be

performed only by a laboratory and by a physician or

health care professional gualified and authorized to

administer and determine the meaning of any test

results.  The laboratory performing the test shall be

one that is certified by the National Institute of Drug

Abuse (NIDA) .  The laboratory chosen must be agreed to

between the Guild and The City.  The laboratory used

shall also be one whose procedures are periodically

tested by NIDA where they analyze unknown samples sent

to an independent party.  The results of the employee

tests shall be made available to the Medical Review

Physician.

 

Collection of blood or urine samples shall be conducted

in a manner which provides the highest degree of

security for the sample and freedom from adulteration.

Recognized strict chain of custody procedures must be

followed for all samples as set by NIDA.  The Guild and

the City agree that security of the biological urine

and blood samples is an absolute necessity, therefore,

the City agrees that if the security of the sample is

compromised in any way, any positive result shall be

invalid and may not be used for any purpose.

 

 

SECTION 04   SAMPLE COLLECTION: (continued)

 

Blood and urine samples will be submitted as per NIDA

Standards.  Employees have the right for Guild and/or

legal council representation to be present during the

submission of the sample.  Employees shall not be

witnessed while submitting urine specimen.  Prior to

submitting a blood or urine sample, the employee will

be required to sign a consent and release form as

attached to this Policy (Attachment 1).

 

A split sample shall be reserved in all cases for an

independent analysis in the event of a positive test

result.  All samples must be stored in a scientifically

acceptable preserved manner as established by NIDA.

All positive confirmed samples and related paperwork

must be retained by the laboratory for at least six (6)

months or for the duration of any grievance,

disciplinary action or legal proceedings, whichever is

longer. At the conclusion of this period, the paperwork

and specimen shall be destroyed.  Tests shall be

conducted in such a manner that an employee's legal

drug use and diet does not affect the test results.

 

 

SECTION 05  DRUG TESTING:

 

The laboratory shall test for only the substances and

within the limits as follows for the initial and

confirmation tests as provided within NIDA Standards.

The initial test shall use an immunoassay which meets

the requirements of the Food and Drug Administration

for commercial distribution.  The following initial

cutoff levels shall be used when screenings specimens

to determine whether they are negative for these five

drugs or classes of drugs:

 

 

                                    INITIAL TESTING

            Marijuana metabolites          100      ng/ml

            Cocaine metabolites              300      ng/ml

            Opiate metabolites                 300      ng/ml

            Phencyclidine                         25        ng/ml

            Amphetamines                       1,000   ng/ml

 

(1)        If immunoassay is specific for free morphine, the

initial test level is 25 ng/ml.

 

 

SECTION O5   DRUG TESTING: (continued)

 

 

If initial testing results are negative, testing shall

be discontinued, all samples destroyed and records of

the testing expunged from the employee's file(s).  Only

specimens identified as positive on the initial test

shall be confirmed using gas chromatograph/mass

spectrometry (GC/MS) techniques at the following listed

cutoff values:

 

 

                        CONFIRMATARY TESTING

            Marijuana metabolites (l)      15 ng/ml

            Cocaine metabolites (2)         150 ng/ml

            Opiates                                  

            a.         Morphine                    300 ng/ml

            b.         Codein                        300 ng/ml

            Phencyclidine                         25 ng/ml

            Amphetamines

            a.         Amphetamine 500 ng/ml

            b.         Methamphetamine     500 ng/ml

 

 

(1)        Delta-9-tetrahydrocannabinol-9-carboxylic acid

(2)        Benzoylecgonine

 

If confirmatory testing results are negative, all

samples shall be destroyed and records of the testing

expunged from the employee's file(s).

 

 

SECTION O6   ALCOHOL TESTING:

 

A breathalyzer or similar equipment shall be used to

screen alcohol use if positive, shall be confirmed by a

blood alcohol test performed by a qualified

laboratory.  This screening test shall be performed by

an individual qualified through the Washington State

Police Academy utilizing equipment certified by the

State Patrol.  An initial testing positive alcohol

shall meet the standards as set forth in the Revised

Code Of Washington (RCW) 46.61.502.  If initial testing

are negative, testing shall be discontinued, all

samples destroyed and records of the testing expunged

from the employee's file(s).  Only specimens identified

as positive on the initial test shall be confirmed

using a blood alcohol level.

 

 

SECTION 06  ALCOHOL TESTING: (continued)

 

 

Sampling handling procedures, as described in SECTION

04, shall apply.  A positive blood alcohol level shall

meet the standards as set forth in the Revised Code Of

Washington (RCW) 46.61.502.  If confirmatory testing

results are negative, all samples shall be expunged

from the employee's file(s).

 

 

SECTION 07  MEDICAL REVIEW PHYSICIAN:

 

The Medical Review Physician shall be chosen and agreed

upon between the Guild and the City and must be a

licensed physician with a knowledge of substance abuse

disorders.  The Medical Review Physician shall be

familiar with the characteristics of the test

(sensitivity, specificity, and predictive value), the

laboratories running the tests and the medical

conditions and work exposures of the employees.

 

The role of the Medical Review Physician will be to

review and interpret the positive test results.  He

must examine alternate medical explanations for any

positive test results.  This action shall include

conducting a medical interview with the affected

employee, review of the employee's medical history and

review of any other relevant biomedical factors.  The

Medical Review Physician must review all medical

records made available by the tested employee when a

positive test could have resulted from legally

prescribed medication.

 

SECTION 08  LABORATORY RESULTS:

 

The laboratory will advise only the employee and the

Medical Review Physician of any positive results   The

results of a positive drug or alcohol test can only be

released to the City by the Medical Reviews Physician

once he/she has completed his/her review and analysis

of the laboratory's test.  The City will be required to

keep the results confidential and it shall not be

released to the general public.

 

 

SECTION 09  TESTING PROGRAM COSTS:

 

The City shall pay for all costs involving drug and

alcohol testing as well as the expenses involved for

the Medical Review Physician.  The City shall also

reimburse each employee for their time and expenses

incurred including travel involving the testing

procedure only.

 

 

SECTION 10  REHABILITATION COSTS:

 

Any employee who tests positive for illegal drugs or

alcohol shall be medically evaluated, counseled and

treated for rehabilitation as recommended by an E.A.P.

counselor.  Employees who complete a rehabilitation

program may be re-tested randomly once every quarter

for the following twenty-four (24) month period.  An

employee may voluntarily enter rehabilitation without a

requirement of prior testing.  Employees who enter the

program on their own initiative shall not be subject to

re-testing.  The treatment and rehabilitation shall be

paid for by the employee's medical insurance program.

Any costs over and above the insurance coverage shall

be paid for by the City for the initial treatment and

rehabilitation.  Employees who volunteer to enter the

program will be granted necessary time off duty to

complete the treatment and rehabilitation program

without loss of pay or benefits.  Employees who test

positive shall be allowed to use any and all accrued

and earned leave for the necessary time off involved in

the rehabilitation.

 

If an employee re-tests positive during the twenty-four

(24) month period, the employee will be re-evaluated by

an E.A.P. counselor to determine if the employee

requires additional counseling and/or treatment.   The

employee will be solely responsible for any costs not

covered by insurance, which arise from this additional

counseling or treatment.

 

 

SECTION 11  DUTY ASSIGNMENT AFTER TREATMENT:

 

Once an employee successfully completes rehabilitation,

he/she shall be returned to his/her regular duty

assignment.  Once treatment and any follow-up care is

completed, and three (3) years have passed since the

employee entered the program, the employee's personnel

file(s) shall be purged of any such reference to

his/her drug or alcohol problem.

 

 

SECTION 12  RIGHT OF APPEAL:

 

The employee has the right to challenge the results of

the drug or alcohol tests and any discipline imposed in

the same manner he/she may grieve any other City

action.

 

 

SECTION 13  GUILD HELD HARMLESS:

 

This drug and alcohol testing program was initiated at

the request of the City.  The City assumes the sole

responsibility for the administration of this Policy

and shall be solely liable for any legal obligations

and costs arising out of the provisions and/or

application of the collective bargaining agreement

relating to drug and alcohol testing.  The Guild shall

be held harmless for the violation of any worker rights

arising from the administration of the drug and alcohol

testing program.

 

 

SECTION 14  CHANGES IN TESTING PROCEDURES:

 

The parties recognize that during the life of this

Agreement, there may be improvements in the technology

of testing procedures which provide more accurate

testing.  In that event the parties will bargain in

good faith whether to amend this procedure to include

such improvements.  If the parties are unable to agree

on the amendments they will be submitted to impasse

procedures as outlined in RCW 41.56.

 

 

SECTION 15  CONFLICT WITH OTHER LAWS:

 

This Article in no way intends to supersede or waive

any constitutional or other rights that an employee may

be entitled to under Federal, State or Local statutes.

 

 

                                                                                                            ATTACHMENT B

 

 

CITY OF PULLMAN

 

ISSUE:            DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES

                        ARTICLE 18

 

                        The procedures outlined in this document for drug and alcohol

testing shall become part of the current bargaining agreement

between the City of Pullman (the City) and the Pullman Police

Officers Guild (the Guild), and be subject to all of it's terms and

conditions.

 

                        SECTION 01  Policy:  In recognition and coMpliance with the

Federal Drug Free Workplace Act, and other applicable federal

statutes, the City and the Guild are committed to a drug-free

workplace and have an obligation to insure public safety and trust

with regard to its services and programs.   Accordingly,  the

manufacture,  dispensation,  possession or use of a controlled

substance, drug not medically authorized, or other substance which

would impair job performance or pose a hazard to the safety and

welfare of the employee, the public, or other employees, or the

possession or use of alcohol in the workplace is strictly prohibit-

ed.

 

                        The City and the Guild believe it is imperative that employees

who abuse substances as defined, be aware of the seriousness of

such misconduct and the.potential penalties.  All such employees

are encouraged to receive help and treatment as necessary.

 

                        To comply with federal law, the City requires that an employee

notify their supervisor of any criminal drug statute conviction for

any violation occurring in the workplace no later than five (5)

days after the conviction.   If the employee is engaged in the

performance of a federally sponsored grant or contract, the City

must notify the agency within ten days of having received notice

that the employee has been convicted of a drug statute violation

occurring in the workplace. The City will take disciplinary action

against or require the satisfactory participation in a state-

certified alcohol or drug abuse assistance or rehabilitation

program by any employee who is so convicted. Disciplinary action

may include dismissal or other appropriate personnel action(s).

 

            SECTION 02 Informing Employees About Drug and Alcohol testing:

All employees shall be fully informed of the City's drug and

alcohol testing policy.  Employees will be provided with informa-

tion concerning the impact of the use of alcohol and drugs on job

performance.   In addition, the city shall inform the employees on

how tests are conducted, what the test can determine,  and the

consequence of testing positive for drug use.  All newly hired

employees will be provided with this information on their initial

date of hire. No employee shall be tested before this information

is provided to him/her.

 

            SECTION 03 Employee Testing: Employees shall not be subjected

to random medical testing involving blood or urine analysis or

other similar or related tests for the purpose of discovering

possible drug or alcohol abuse.  If, however, objective evidence

exists establishing reasonable suspicion to believe an employee's

work performance is impaired due to drug or alcohol abuse or the

employee reports to work under the influence of drugs or alcohol or

is working under the influence of drugs or alcohol, the City will

require the employee to undergo a medical test consistent with the

conditions set forth in this policy.  In the event that an off-duty

officer is required to report for duty and believes that he/she may

be impaired due to the consumption of alcohol or prescribed

medication, the officer shall inform the duty supervisor.   The

supervisor may excuse the officer from duty with no threat of

disciplinary action or other sanction; or the officer and the

supervisor may agree that the officer shall be assigned to a duty

which would not require public contact.

 

            Due to the sensitive nature of the duties performed by

individuals involved in evidence handling and narcotics investiga-

tions, they will be subject to greater scrutiny with regards to

applying the reasonable suspicion standard.

 

            SECTION O4 Sample Collection:  The collection and testing of

samples shall be performed only by a laboratory and by a physician

or health care professional qualified and authorized to administer

and determine the meaning of any test results.  The laboratory

performing the test shall be one that is certified by the National

Institute of Drug Abuse (NIDA) .  The laboratory chosen must be

agreed to between the Guild and the City. The laboratory used shall

also be one whose procedures are periodically tested by NIDA

wherein they analyze unknown samples sent to an independent party.

The results of employee tests shall be made available to the

Medical Review Physician.

 

            Collection of blood or urine samples shall be conducted in a

manner which provides the highest degree of security for the sample

and freedom from adulteration.  Recognized strict chain of custody

procedures must be followed for all samples as set by NIDA.  The

Guild and the City agree that security of the biological urine and

blood samples is an absolute necessity, therefore, the City agrees

that if the security of the sample is compromised in any way, any

positive test result shall be invalid and may nbt be used for any

purpose.  In this event, another sample may be taken.

 

            Blood or urine samples will be submitted as per NIDA stan-

dards.   Employees have the right for Guild and/or legal counsel

representatives to be present during the submission of the sample.

Employees shall not be witnessed while submitting a urine specimen

Prior to submitting a blood or urine sample, the employee will be

required to sign a consent and release form as attached to this

policy (Attachment 1).

 

                        A split sample shall be reserved in all cases for an indepen-

dent analysis in the event of a positive test result.  All samples

must be stored in a scientifically acceptable preserved manner as

established by NIDA   All positive confirmed samples and related

paperwork must be retained by the laboratory for at least six (6)

months or for the duration of any grievance, disciplinary action or

legal proceedings, whichever is longer.  At the conclusion of this

period, the paperwork and specimen shall be destroyed.  Consider-

ation shall be given to the employee's legal drug use and diet in

the interpretation of test results.

 

            SECTION 05 Drug Testing:  The laboratory shall test for only

the substances and within the limits as follows for the initial and

confirmation tests as provided within NIDA standards.  The initial

test shall use an immnunoassay which meets the requirements of the

Food and Drug Administration for commercial distribution.   The

following initial cutoff levels shall be used when screening

specimens to determine whether they are negative for these five

druqs or classes of drugs.

 

            INITIAL TESTING

Marijuana metabolites          100 ng/ml

Cocaine metabolites              300 ng/ml

Opiate metabolites (1)           300 ng/ml

Phencyclidine                         25 ng/ml         

 Amphetamines                      1,000 ng/ml

L.S.D.                                     any detectable level

 

                        (1) If immunoassay is specific for free morphine, the initial

test level is 25 ng/ml.

 

                        If initial testing results are negative, testing shall be

discontinued, all samples destroyed and records of the testing

expunged from the employee's file(s) . Only specimens identified as

positive on the initial test shall be confirmed using gas chromato-

graph/mass spectrometry (GC/MS) techniques at the following listed

cutoff values:

 

            CONFIRMATORY TESTING

 

Marijuana metabolites (1)                 15 ng/ml

Cocaine metabolites (2)                     150 ng/ml

Opiates

                    Morphine                        300 ng/ml

                    Codeine                          300 ng/ml

Phencyclidine                                     25 ng/ml

Amphetamines

                     Amphetamine                500 ng/ml

                     Methamphetamine        500 ng/ml

L.S.D.                                                 any detectable level

 

(1)        Delta-9-tetrahydrocannabinol-9-carboxylic acid

(2)        Benzoylecgonine

 

            If confirmatory testing results are negative, all samples

shall be destroyed and records of the testing expunged from the

employee's file(s).

 

Encompassing Language:

 

            The substances and standards in this provision are subject to

NIDA regulations and shall be updated as needed to comply with NIDA

provisions.

 

            SECTION O6 Alcohol Testing:   A breathalyzer or similar

equipment shall be used to screen for alcohol use and if positive,

shall be confirmed by a blood alcohol test performed by a qualified

laboratory. This screening test shall be performed by an individu-

al qualified through the Washington State Police Academy utilizing

equipment certified by the State Police and the standards set forth

by Washington state law.  If initial testing results are negative,

testing shall be discontinued, all samples destroyed and records of

the testing expunged from the employee's file(s).  Only specimens

identified as positive on the initial test shall be confirmed using

a blood alcohol level.  Sampling handling procedures, as described

in section 04, shall apply.  A positive blood alcohol level shall

be that set forth by Washington state law.  If confirmatory testing

results are negative, all samples shall be destroyed and records of

testing shall be expunged from the employee's file(s).

 

            SECTION   07 Medical Review Physician:   The Medical Review

Physician shall be chosen and agreed upon between the City and the

Guild and must be a licensed physician with a knowledge of

substance abuse disorders.  The Medical Review Physician shall be

familiar with the characteristics of the test  (sensitivity,

specificity, and predictive value) , the laboratories running the

tests and the medical conditions and work exposures of the

employees.

 

            The role of the Medical Review Physician will be to review and

interpret the positive test results. He/She must examine alternate

medical explanations for any positive test results.  This action

shall include conducting a medical interview with the affected

employee, review of the employee's medical history and review of

any other relevant biomedical  factors.    The Medical Review

Physician must review all medical records made available by the

tested employee when a positive test could have resulted from

legally prescribed medication.

 

            SECTION 08 Laboratory Results:  The laboratory will advise

only the employee and the Medical Review Physician of any positive

results.  The results of a positive drug or alcohol test can only

be released to the City by the Medical Review Physician once he/she

has completed his/her review and analysis of the laboratory's test.

 

The City will be required to keep the resu1ts confidential and it shall not be released to the general public.

 

            SECTION O9 Testing Program Costs:  The City shall pay for all

costs involving drug and alcohol testing as Well as the expenses

involved for the Medical Review Physician.  The City shall also

reimburse each employee for their time and expenses incurred,

including travel, involving the testing Procedure only.

 

            SECTION 10 Rehabilitation Costs:   Any employee who tests

positive for illegal drugs or alcohol shall be medically evaluated,

counseled, and treated for rehabilitation as recommended by an

E.A.P.  counselor.  The city shall participate in the costs of such

rehabilitation to the extent provided under the city-paid medical

insurance coverage.

 

            SECTION 11 Duty Assignment After Treatment:  Once an employee

successfully completes rehabilitation, he/she shall be returned to

his/her regular duty assignment.  Once treatment and any follow-up

care is completed, and three (3) years have passed since the

employee entered the program, the employee's file(s) shall be

purged of any such reference to his/her drug or alcohol problem.

 

            SECTION 12 Right of Appeal:  The employee has the right to

challenge the results of the drug or alcohol tests. Any discipline

imposed may be appealed through the grievance procedure.

 

            SECTION13 Guild Held Harmless: This drug and alcohol testing

program was initiated at the request of the city.  The City assumes

the sole responsibility for the administration of this policy and

shall be solely liable for any legal obligations and costs arising

out of the provisions and/or application of this collective

bargaining agreement relating to drug and alcohol testing.  The

Guild shall be held harmless for the violation of any worker rights

arising from the administration of the drug and alcohol testing

program.

 

            SECTION 14 Changes in Testing Procedures:   The Parties

recognize that during the life of this agreement, there may be

improvements in the technology of testing procedures which provide

more accurate testing.  In that event, the parties will bargain in

good faith whether to amend this procedure to include such

ilnprovements.  If the parties are unable to agree on the amendments

they may be submitted to impasse procedures as outlined in RCW

41.56.

 

            SECTION 15 Conflict With Other Laws:     This article in no way

intends to supersede or waive any constitutional rights that an

employee may be entitled to under Federal, State or local statutes.

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