International
Association of Fire Fighters, Local 2877
And
City
of
Interest
Arbitration
Arbitrator: Alan R. Krebs
Date
Issued:
Arbitrator:
Krebs; Alan R.
Case #: 07812-I-89-00179
Employer:
City of
Date Issued:
IN THE MATTER OF
CITY OF
AND
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS,
LOCAL 2877
PERC No.: 7812-1-89-179
Date Issued:
INTEREST ARBITRATION OPINION
AND AWARD
OF
ALAN R. KREBS
ARBITRATION PANEL
NEUTRAL CHAIRMAN: ALAN R. KREBS
CITY APPOINTED MEMBER: ALAN NYGAARD
Appearances:
CITY OF
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, LOCAL 2877 James H. Webster
TABLE OF CONTENTS
I. PROCEDURAL MATTERS 1
II. APPLICABLE STATUTORY PROVISIONS. 2
III
. ISSUES 4
IV. PROPOSALS 4
V. COMPARABLE JURISDICTIONS 5
VI. COST OF LIVING 10
VII. OTHER CONSIDERATIONS 12
A. Ability to Pay 12
B. Settlements With Other City
Bargaining Units 12
C. Turnover 13
D. Productivity 14
E. Comparability With
VIII. HEALTH AND WELFARE 16
IX. WAGES 16
X. WAGE DIFFERENTIAL FOR LIEUTENANTS 24
IN THE MATTER OF
CITY OF
AND
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS,
LOCAL 2877
OPINION OF THE NEUTRAL
CHAIRMAN
I PROCEDURAL MATTERS
In accordance with RCW 41.56.450, an interest arbitration
hearing
involving certain uniformed personnel of the city of
Sumner was held before an
arbitration panel consisting of
three
persons. City of
designee
on the Panel. International Association of
Firefighters, Local 2877
appointed Jack Andren as its
designee
on the Panel. Arbitrator Alan R. Krebs was selected
as
the Neutral Chairman of the Panel. The hearing was held
in
represented
by Michael J. Meglemre of Employee Relations
Services, Inc. The Association
was represented by James H.
Webster
of the law firm Webster, Mrak and Blumberg.
At the hearing, the testimony of witnesses was taken
under
oath and the parties presented documentary evidence.
No court reporter was present,
and, therefore, the Neutral
Chairman tape recorded the
proceedings for the sole purpose
of
supplementing his personal notes.
The parties agreed to waive the 30-day time limit for the
Neutral
Chairman's written decision. The parties also agreed
that
the Neutral Chairman alone would issue the resulting
Decision, after accepting
input from the City-appointed
arbitrator
and the Union-appointed arbitrator.
The parties agreed upon the submission of post-hearing
briefs.
The briefs of the parties were received by the
Neutral Chairman on
conferred
on
II APPLICABLE STATUTORY PROVISIONS
Where certain public employers and their uniformed
personnel
are unable to reach agreement on new contract terms
by
means of negotiations and mediation, RCW 41.56.450 calls
for
interest arbitration to resolve their disputes. In
interest
arbitration, an arbitrator or arbitration panel
adjudicates a
resolution to contract issues regarding terms
and
conditions of employment, which are at impasse following
collective
bargaining negotiations. The parties agree that
RCW 41.56.450 is applicable to
the bargaining unit of
firefighters
involved here.
RCW 41.56.460 sets forth certain criteria which must be
considered
by an arbitrator in deciding the controversy:
41
. 56 . 460 Uniform
Personnel--Interest
Arbitration Panel--Basis For Determina-
tion. In making its determination, the
panel
shall be mindful of the legislative
purpose
enumerated in RCW 41.56.430 and as
additional
standards or guidelines to aid
it
in reaching a decision, it shall take
into
consideration the following factors:
(a) The constitutional and statutory
authority
of the employer;
(b) Stipulations of the parties;
(c) (ii) For [fire department]
employees,
comparison of the wages,
hours,
and conditions of employment of
personnel
involved in the proceedings with
the
wages, hours, and conditions of
employment
of like personnel of public fire
departments
of similar size on the west
coast
of the
an
adequate number of comparable employers
exists
within the state of
other
west coast employers shall not be
considered;
(d) The average consumer prices for
goods
and services, commonly known as the
cost
of living;
(e) Changes in any of the foregoing
circumstances
during the pendency of the
proceedings;
and
(f) Such other factors, not confined
to
the foregoing, which are normally or
traditionally
taken into consideration in
the
determination of wages, hours and
conditions
of employment.
RCW 41.56.430, which is referred to in RCW 41.56.460,
reads
as follows:
41.56.430 Uniformed
personnel--
Legislative
declaration. The intent and
purpose
of this 1973 amendatory act is to
recognize
that there exists a public policy
in
the state of
by
uniformed personnel as a means of
settling
their labor disputes; that the
uninterrupted
and dedicated service of
these
classes of employees is vital to the
welfare
and public safety of the state of
and
uninterrupted public service there
should
exist an effective and adequate
alternative
means of settling disputes.
III ISSUES
The Association represents a captain, three lieutenants
and
three firefighters in the Sumner Fire Department.
Currently, the captain's
position is vacant. The Department
also
employs a chief and an assistant chief. The Association
and
the City are parties to a collective bargaining agreement
which
expired on
agreement
on a new contract despite their efforts in
negotiations
and the efforts of a mediator. In accordance
with
RCW 41.56.450, the executive director of the
State Public Employment
Commission certified that the parties
were
at impasse on a number of issues. The statutory interest
arbitration
procedures were invoked. The unresolved issues
are:
1. Wages
2. Health and Welfare
3. Differential Between Ranks
IV PROPOSALS
The parties have agreed that the new contract should have
a
duration of three years and should be retroactive to
bargaining
unit should receive a 2.72 percent wage increase
effective
increase
effective
percent
wage increase effective
proposes
that the wage differential between firefighters and
fire
lieutenants remain at 5 percent. Based upon acceptance
of
its wage offer, the City proposes to pay 100 percent of
the
premiums necessary to provide employee, spouse and
dependent
coverage for comparable medical, dental and life
insurance
coverage during the term of the new agreement.
The Association proposes that there should be an award of
9.0 percent effective
January 1, 1990, and,
effective January 1, 1991, 100 percent
of
the percentage increase in the CPI-W,
1989 to July 1990. The
Association asserts that the wage
differential
for lieutenants should be increased from 5
percent
to 10 percent above the top step firefighter wage.
The Association agrees to the
City's health and welfare
proposal,
but without the caveat that it be tied to the
City's
wage offer.
V COMPARABLE JURISDICTIONS
One of the primary standards or guidelines enumerated in
RCW 41.56.460 upon which an
arbitrator must rely in reaching
a
decision is a "comparison of the wages, hours, and
conditions
of employment of personnel involved in the
proceedings
with the wages, hours, and conditions of
employment
of like personnel of public fire departments of
similar
size on the west coast of the
sides
agree that for the purpose of RCW 41.56.460(c)(ii), the
following
jurisdictions are comparable to Sumner:
1. Pierce County Fire District No. 10
2. Pierce County Fire District No. 22
3. Pierce County Fire District No. 24
4. Thurston County Fire District No. 9
5. King County Fire District No. 20
6. City of
The City proposes, and the
Association opposes, consideration
of
the following jurisdiction:
7. King County Fire District No. 45
The Association proposes, and
the City opposes, consideration
of
the following jurisdictions:
8. City of
9. King County Fire District No. 38
The Sumner Fire Department provides fire and medical
emergency
protection not just to the city of
also,
by contractual agreement, to a neighboring
jurisdiction,
Pierce County Fire District No. 1. The parties
agree
that for purposes of comparison with other
jurisdictions,
the populations and the assessed values of the
city
of
be
combined. The parties further agree that comparable
jurisdictions
shall be selected from fire departments and
fire
districts located only in King, Pierce, and Thurston
Counties.
Sumner is located in Pierce County, and King and
Thurston Counties border
that
specific comparable jurisdictions within those three
counties
shall be selected by measurement of: (1) the
service
area population; (2) the service area assessed
valuation;
and (3) the number of appropriate fire department
personnel.
The parties agree that it would be appropriate to
compare
jurisdictions within Pierce, King, and Thurston
Counties, which have
populations, assessed valuations, and
number
of personnel which are each no more than twice and no
less
than half that of the City of
District No. 1.
The Association argues that King County Fire District No.
45 should be excluded as a
comparable jurisdiction because
Association representatives
were unable to obtain reliable -
information
concerning wages, hours, and working conditions.
Brian Schulz, a Sumner
firefighter, testified that while King
County Fire District No. 45
met the stipulated criteria for
comparison,
it was nevertheless excluded from consideration
by
the Association because in trying to obtain information
regarding
that department's wages and benefit package, "we
had discrepancies
in those depending on who you talked to,
and
they didn't have any documented information that could
validate
their responses." The City did submit comparability
data
from King County Fire District No. 45. Wade Joyner,
Sumner's fire chief, testified
that he obtained this
information
from a fire captain at King County Fire District
No.
45. However, he also testified that King County
Fire
District No. 45 was a
"very difficult agency to get
information
from. We called them twice and both times we'd
get
different answers." While the parties provided
documentary
evidence from the other alleged comparable
jurisdictions
which set forth those jurisdiction's wages and
benefits,
no such information was provided for
Fire District No. 45. King County
Fire District No. 45
should
be considered a comparable jurisdiction. However,
there
is insufficient evidence in the record which would
support
the wage and benefit data for that jurisdiction which
was
presented by the City. Not only was there no supporting
documentary
data for King County Fire District No. 45, but
each
side indicated that it had received conflicting data in
response
to telephone inquiries made at different times. I
have
therefore determined not to utilize that data.
I find that King County Fire District No. 38 and Tumwater
are
comparable jurisdictions to Sumner. It is agreed that
these
jurisdictions meet the stipulated criteria for
comparability
with regard to population and assessed
valuation.
They would also meet the criteria of number of
appropriate
fire department personnel if chiefs and assistant
chiefs
are counted as the Association contends. On the other
hand,
they would not meet this criteria if chiefs and
assistant
chiefs were not counted, as the City asserts should
be
the case. The City points out that two of the agreed upon
jurisdictions
in their recent collective bargaining
negotiations
selected comparable jurisdictions using as a
criteria
the number of employees within the bargaining unit.
The City further points out
that fire chiefs and other
management
personnel are specifically excluded as "public
employees"
in RCW 41.56.030(2)(c) . The Association contends
that
all uniformed personnel in each fire department should
be
counted so that interdepartmental differences in the
definition
of bargaining units would not eliminate
departments
of similar size.
RCW 41.56.460(c)(ii) does, as the City
suggests, calls
for a
comparison of the wages, hours, and conditions of
employment
involved in the proceedings with that of "like
personnel."
However, that particular language relates to
comparisons
to be made after comparable jurisdictions are
selected.
RCW 41.56.460(c)(ii) calls for the selection of
comparable
jurisdictions by choosing "public fire departments
of
similar size." The number of uniformed personnel is a
better
indicator of the size of a fire department than is the
number
of bargaining unit personnel. It cannot be said that
a
fire department with a chief, an assistant chief, and two
firefighters
is significantly different in size than a
department
with a chief, a captain and two firefighters, and
no
assistant chief. Both departments would have four
uniformed
personnel and seem comparable in size. If in
determining
the size of a fire department, all uniformed
personnel
are counted, as I believe they should be, then it
is
undisputed that King County Fire District No. 38 and
Tumwater are comparable in
size to Sumner/Pierce
District No. 1. Thus, I find
that the jurisdictions which
are
comparable in size to Sumner/Pierce
Department No. 1, and for
which sufficient data has been
provided,
are:
1. Pierce County Fire District No. 10
2. Pierce County Fire District No. 22
3. Pierce County Fire District No. 24
4. Thurston County Fire District No. 9
5. King County Fire District No. 20
6. King County Fire District No. 38
7. City of
8. City of
VI COST OF LIVING
RCW 41.56.460(d) requires that the arbitrator take into
consideration
"[t]he average consumer prices for goods and
services,
commonly known as the cost of living." The
Association asserts that in
making its determination on the
appropriate
wage increase for the third year of the
agreement,
the Arbitrator should focus on the change in the
CPI-W,
Joyner testified that the
City's offer for 1989 was
equivalent
to 80 percent of the local CPI, he specified
neither
the CPI index the City utilized, nor the applicable
period.
I have therefore decided to generally utilize the
Seattle area CPI-W index,
which was the only specific index
suggested
by either of the parties.
The City asserts that the Arbitrator should not consider
specific
data which became available after the expiration
date
of the Agreement and after negotiations have ended. The
City cites several arbitration
awards which support this
contention.
The record neither reveals what information the
parties
had during their negotiations, nor when the
negotiations
ended. Thus, it is unclear exactly what
information
was unavailable during the parties'
negotiations.
In any event, RCW 41.56.460(e) requires the
arbitrator
to consider "changes . . . during the pendency
of-
the
proceedings." This clearly requires the arbitrator to
consider
data which becomes available during the pendency of
the
arbitration proceedings, even if that occurs after the
expiration
of the prior agreement and after negotiations have
deadlocked.
The published consumer price index for the
metropolitan
area reflects the following annual changes in
the
cost of living:
Annual average cost of living
increase
CPI-W -
1988 3.3% 3.3
(87-88)
1989 4.7% 4.4
(88-89)
The parties generally use the
July to July index in their
negotiations.
I have given equal weight to both of the
indexes
reflected above.
VII OTHER CONSIDERATIONS
In addition to the specific criteria set forth in RCW
41.56(a) - (e), RCW
41.56.060(f) directs the Panel to
consider
"such other factors . . . which are normally or
traditionally
taken into consideration in the determination
of
wages, hours, and conditions of employment." Such
factors,
which are discussed below, have been considered, but
with
lesser weight than that which is given to the
specifically
enumerated criteria of comparability and cost of
living.
A. Ability to Pay
A factor frequently raised in contract negotiations and
also
considered by arbitrators is the ability of the employer
to
pay wage and benefit increases. The City has not asserted
that
it is not in a position to grant a reasonable and fair
wage
increase.
B. Settlements With Other City
Bargaining Units
From the standpoint of both the City and the Association,
the
settlements reached by the City with other bargaining
units
are significant. While those settlements are affected
by
the peculiar situation of each individual bargaining unit,
still
there is an understandable desire by the City to
achieve
consistency. From the Association's standpoint, it
wants
to do at least as well for its membership as the other
City unions have already done.
At the bargaining table, the
settlements
reached by the City with other unions are likely
to
be brought up by one side or the other. Thus, it is a
factor
which should be considered by the Arbitrator.
Chief Joyner testified that the City's police union
settled
for 2.72 percent in 1989 and 3.5 percent in 1990, as
have
other City bargaining units. Patrick Risley, a fire
department
lieutenant, testified that he was informed by the
City administrator that the
agreement with the police
bargaining
unit called for the police officers to receive a
wage
increase equivalent to that which is awarded to the
firefighters.
Since at least 1985, the wage levels of a
top-step
firefighter and a top-step police officer have been
equal.
C. Turnover
The Association asserts that dedication and morale of the
department's
uniformed personnel has suffered because of long
hours
and low pay. In support of this contention, the
Association points out that in
recent years half of the
bargaining
unit have left the department for more attractive
employment
with other departments. The City asserts that the
department's
history of employee turnover demonstrates that
its
compensation structure is fair, equitable, and attractive
enough
to recruit and retain employees.
During the last eight years, three employees have left
the department
and have taken jobs with other fire
departments.
One left in 1983, another in 1986, and another
in
1989. At least one of them left in order to accept a
higher
ranking position. Chief Joyner testified that the
last
time the department solicited firefighter applicants, 75
were
tested and about an equal number were turned away
because
they lacked the set criteria.
D. Productivity
The Association asserts that in determining the
appropriate
wage increase, the unusually high work load for
the
City's firefighters should be taken into account. The
City asserts that an increase
in productivity does not
necessarily
support a claim for higher wages. The City
further
asserts that there is no evidence to demonstrate that
the
comparative data offered by the Association is
legitimate.
The Association presented charts which indicate that the
City's firefighting personnel
responded to 60 percent more
calls
than the average for the comparable jurisdictions.
They also indicate that the
calls per bargaining unit
employee
was 44 percent higher than the average of the
comparators.
Between 1988 and 1989, the number of calls for
Sumner/Pierce County Fire
District No. 1 increased from 1322
to
1363, a 3.1 percent increase. Lieutenant Ronald Anderson,
who
compiled the data for the Association, when asked if
there
is a standard that exists regarding the meaning of "a
call,"
responded that "I'm sure each and every department has
maybe a
little bit of difference of opinion of what a call
is.
. . . There may be a variance of what a service call is
in
our department versus another department. . . . " Chief
Joyner testified that there is
no consensus among fire
departments
regarding how they record their calls. For
instance,
Chief Joyner testified, some departments might
record a
service call while others would not.
E. Comparability With
The Association presented
evidence of the wages and
benefits
of all
it
may be appropriate to consider the wages and benefits of
neighboring
jurisdictions despite a difference in size.
Prevailing wages and
conditions of employment in the local
labor
market may be considered one of those other factors
traditionally
"taken into consideration" within the meaning of
RCW
41.56.460(f). Nevertheless, here such consideration is
not
warranted. First, the statute directs the arbitrator to
look
to jurisdictions of similar size. As it turned out, here
all
the comparable jurisdictions were selected from the same
county
as Sumner or from the neighboring two counties.
Several of the selected
comparable jurisdictions border
Sumner/Pierce County Fire
District No. 1. Thus, sufficient
consideration
has been given to the local labor market by
examining
the comparable jurisdictions, and there is little
reason
to give additional consideration to other dissimilarly
sized
but proximate jurisdictions.
VIII HEALTH AND WELFARE
The Association urges that the City continue to pay the
full
cost of health and welfare benefits. The City does not
object
to this, but points out correctly that health and
welfare
benefits and wages go hand-in-hand as core economic
issues.
The City's position is that, if the Association
expects
the City to continue paying 100 percent of health and
welfare
benefits for employees, their spouses and dependents,
then
the Employer's past practice of discounting from the
consumer
price index (CPI) an amount approximate to the
medical
premium increase must prevail.
I find it appropriate that the City continue to pay 100
percent
of the premiums for medical, dental, and life
insurance.
These costly benefits shall be considered when
determining
the amount of an appropriate wage increase.
IX WAGES
The Association has asked for increases of 9 percent in
each
of the two years, 1989 and 1990, and a third-year
increase
equal to the percentage increase of the Consumer
Price
Index. The Association asserts that such increases
would
place the City only slightly above the average for the
comparable
departments and for
generally.
The Association urges that such wage increases are
especially
warranted when the unusually high work load for
City firefighters and their
longer workweek are taken into
account.
The City has proposed a 2.72 percent increase for
1989
and increases of 3.5 percent in 1990 and 1991.
The City
asserts
that these wage increases are justified based on
recent
cost of living increases and on the fact that other
City bargaining units have
accepted the same package.
The Association contends that the average hourly
compensation
received by a City firefighter with six years of
experience,
a spouse, and two children should be compared with
the
average received by a similarly situated employee in the
comparable
jurisdictions. In order to arrive at this figure,
the
Association suggests that the employee's annual salary,
longevity
pay, EMT pay, and health insurance premium should be
added
together, that holiday and vacation leave be converted
to
dollar equivalents, and that the total should be divided by
the
yearly scheduled hours. The Association points out that
in
Sumner the regular workweek is 53 hours while the average
of
the comparable departments is 45.81 hours.
The City compared employees with five years of service, a
spouse,
and two dependents. The City proposes a comparison of
total
annual compensation for such an employee, including base
wages,
health and welfare premiums, EMT incentive, education
incentive,
longevity pay, social security contributions, and
pension
costs.
Both parties agree that in establishing wage comparability
between
differing jurisdictions, it is most appropriate to
look
at the entire compensation situation. It is unrealistic
to
look at base wages in isolation, since base wages are only
one
aspect of compensation. Thus, in comparing compensation
levels,
I have considered such compensation items as salary,
longevity
pay, education incentive, emergency medical
technician
(EMT) pay, insurance items, and other such
financial
benefits. Since by statute all of the comparators
pay
the same percentage for retirement contributions, I have
not
considered that factor. I have also not considered social
security
contributions, since information on this benefit was
not
provided for all of the comparable jurisdictions.1
1
Social security contributions are a benefit cost
which
varies from department to department since some, but
not
all, fire departments have opted out of the social
security
system. It is a significant element of
compensation.
Sumner firefighters are in the social security
system.
I have determined not to consider hours worked, holidays
or
vacations for purposes of compensation comparisons. Of
course,
these matters have a direct financial impact on the
employer.
The employer may incur additional personnel costs
in
order to replace the absent employee or else accept
diminished
productivity. While the number of hours worked
directly
relates to the level of hourly compensation,
nevertheless,
it would be misleading to factor hours worked,
holidays,
and vacations into the compensation equation for
comparative
purposes, and to ignore a host of other issues
related
to hours. For example, in this bargaining unit, the
number
of hours worked is affected by labor agreement
provisions
relating to sick leave, funeral leave, and union
activity
leave. Moreover, the Association's suggested formula
regarding
hours also disregards such related items as
overtime,
jury leave, military leave, and education leave, as
well
as meal periods, sleep time, and other nonactive work
time
which may significantly affect what may be considered the
hourly
compensation paid by Sumner and the comparable
jurisdictions.
For instance, in Sumner, firefighters work
24-hour
shifts and a 53-hour workweek. The parties have
agreed
in their most recent negotiations that the employees -
will
have structured work hours between
with
two 15-minute rest periods and a one-hour meal period.
On weekends, the structured
work hours are from
firefighter
can watch television, conduct personal business,
sleep,
or even have family or guests visit, with the
understanding
that the firefighter would respond to any
emergency.
In contrast, Issaquah Fire Department employees
work a
40-hour week, but all those hours are in the day time,
and
there is no indication that there are any nonstructured
hours.
King County Fire District No. 38 employees also work a
40-hour
week. There is no indication in the record
whether
these
employees are permitted to sleep during duty hours.
Without knowing the complete
situation in the comparable
jurisdictions,
a comparison of the hourly wage is not
meaningful.
Even knowing the situation in the comparable
jurisdictions,
a comparison of the hourly wage is likely to be
difficult
to make.
While I recognize that vacations and holidays have
monetary
consequences for the City, it would be inaccurate to
convert
such leave time to dollar amounts and add them to
wages
for purposes of comparison. Firefighters do not
necessarily
receive vacation pay and holiday pay in addition
to
their annual base wages.
usually
take the form of time off. While sometimes additional
pay
is provided instead of time off, it is not possible, based
on
the record presented, to factor such cost into the total
compensation.
Moreover, it would not be fair to convert
vacations
and holidays into dollar values while ignoring all
the
other hour-related benefits.
The 1989 base monthly compensation in the comparable
jurisdictions
for a firefighter with six years in service, an
EMT certification, a spouse
and two dependents, is reflected
below:
Pierce County Fire District
No. 10
Base Wages $31,506.
EMT
Pay 900.
Longevity
Pay 315.
Health and Welfare 5,059.2
Total Compensation $37,780.
Pierce County Fire District
No. 22
Base Wages $27, 574.3
Health
and Welfare
5,059.
Total Compensation $32,633.
Pierce County Fire District
No. 24
Base Wages $29,064.
Health
and Welfare
3,213.
Total Compensation $32,277.
Thurston County Fire District
No. 9
Base Wages $27,168.
Health
and Welfare 3,407.
Total Compensation $30,575.
King County Fire District No.
20
Base Wages $34,236.4
Health
and Welfare
3,320.
Total Compensation $37,556.
King County Fire District No.
38
Base Wages $27,950.
Health
and Welfare 4,712.
Total Compensation $32,662.
City of
Base Wages $29,640.
Health
and Welfare 4,203.
Total Compensation $33,843.
City of
Base Wages $29,676.
Health
and Welfare 4,511.
Total Compensation $34,187.
_______
2 I have generally utilized the Association's
figures
for
health and welfare since the representatives indicated
that
they were in substantial agreement on these figures, and
the
Association provided a complete set of these amounts.
3 The City represented this figure to be
$27,468. The
Association represented this
figure to be $27,680. The
figure
which I have utilized is mid-way between these
figures.
4 Includes $50 per month non-smoking premium.
The average total compensation
for the firefighters in these
eight
comparable jurisdictions is $33,939.
In 1989, the City's total compensation for a firefighter
with
six years in service, an EMT certification, a spouse and
two
dependents is as follows:
Sumner/Pierce County Fire
District No. 1
Base Wages $31,038.
EMT 300.
Health
and Welfare 4,020.
Total Compensation $35,358.
Thus, the total compensation
received by a Sumner firefighter
is
already 3.4 percent higher than the average of the
comparators.
The difference would be larger if the City's
social
security payments were considered.
It is undisputed that the firefighters are a productive
and
capable group of employees. It appears from the
Association's figures that a
Sumner firefighter responds to
more
calls than the average among the comparators. However,
the
significance of this statistic is in question because it
does
not appear that there is uniformity among the
departments
in how they record calls. While there has been
some
turnover over the past eight years, I am unable to
discern
from the record that this was caused by
unsatisfactory
working conditions or compensation levels. No
more
than one firefighter has left the department during any
three-year
period. The high number of applicants for
firefighter
openings suggests that the compensation level is
sufficient
to attract capable candidates.
The City suggests that a wage increase of 80 percent of
the
CPI increase is appropriate, since it already pays
100
percent of the health and welfare premiums.
According to
figures
supplied by the City, the cost of health and welfare
premiums
amounts to about 11.5 percent of the total
compensation
cost, including City contributions to social
security
and the pension plan. With this in mind, I have
decided
that a percentage base wage increase amounting to
approximately
90 percent of the increase in the CPI would be
appropriate.
Thus, for 1989, a 3-percent wage increase shall
be
awarded. For 1990, a 4.1-percent wage increase shall be
awarded.
For 1991, a wage increase shall be awarded
amounting
to 90 percent of the increase in the CPI-W, Seattle
Area, July 1989 to July 1990.
These increases will be
sufficient
to prevent the employees from suffering a
reduction
in buying power. It will result in City
firefighters
having a total compensation level about
6.5 percent higher than the
average of the comparable
jurisdictions
during 1989. City firefighters will rank third
out
of nine in compensation among the comparable
jurisdictions.
The wage increases for 1989 and 1990 would be
within
one percentage point of the increases accepted by
other
City bargaining units. Also, the percentage base wage
increases
for 1989 and 1990 which I have awarded, when added
together,
are almost exactly the sum of the median increases
among
the comparable jurisdictions for that two-year period:
% Base Wage Increase
1989 1990
Pierce County F.D. No. 10 5.0% 7.4%
Pierce County F.D. No. 22 12.5% 2.5%
Pierce County F.D. No. 24 2.1% 10.2%
Thurston County F.D. No. 9 3.0% - 16.0%
King County F.D. No. 20 4.7% (N.A.)
King County F.D. No. 38 3.0% 3.0%
City of Issaquah 0.0% 9.1%
City of Tumwater 5.5% 3.3%
Average 4.5% 2.7%
Median 3.85% 3.3%
X WAGE DIFFERENTIAL FOR LIEUTENANTS
As a result of collective bargaining negotiations in
1986, the lieutenant
classification was created. In 1987,
three
newly created lieutenant positions were filled. The
City and the Association
agreed at that time that the
lieutenants
would be paid 5 percent more than a top-step
firefighter.
The wage differential between a top-step
firefighter
and a captain remained at 10 percent.
The Association asserts that a 10-percent wage
differential
between firefighters and lieutenants is
justified
by comparison with the average differential for the
comparable
departments. The City urges that there be no
change
in the pay differential for lieutenants. It points
out
that the Association has offered no evidence that the job
duties
of a Sumner fire lieutenant is in any way similar to
that
of comparable jurisdictions. The City further points
out
that the Association agreed in 1987 that a 5-percent
differential
was equitable.
The Association asserts that comparisons should be made
with
the wages paid to first line officers in the comparable
jurisdictions.
Some of the comparable jurisdictions employ
captains,
but do not employ lieutenants. There is no basis
in
the record for assuming that such captains are comparable
to
lieutenants in Sumner. I presume that the positions of
lieutenant
and captain have some generally understood
significance
among fire departments and that the positions
are
generally distinguishable. Therefore, for the purpose of
setting the
wage for Sumner lieutenants, I have disregarded
the
comparable jurisdictions which employ captains, but do
not
employ lieutenants.
Below are the comparable jurisdictions which employ
lieutenants,
the annual wage which each pays to lieutenants,
and
the differential in pay between a lieutenant and a
firefighter:
1989 Annual Wage Wage Differential
Jurisdiction For
Lt. Between F.F. & Lt.
Pierce #10 $35,088 10.00%
Pierce #24 30,925 6.40%
King #20 36,276 5.95%
King #38 31,596 12.95%
Issaquah 33,924 14.45%
Tumwater 32.196 8.49%
Average $33,334 9.70%
In 1988, a Sumner fire
lieutenant received a base wage of
$32,590, a 5-percent
differential over a top-step
firefighter.
With the 3-percent general wage increase already
awarded
in the wage section of this Opinion and no increase in
the
differential, a Sumner fire lieutenant would receive an
annual
wage of $33,568, which is 0.7 percent higher than the
average
of the comparable departments. On the other hand, the
5-percent differential between
a lieutenant and a top-step
firefighter
in Sumner is only about half of the average
differential,
and is behind all of the other comparable
departments.
Perhaps the City is correct in its argument that the
duties
of fire lieutenants may vary significantly from
jurisdiction
to jurisdiction. However, the record contains no
specific
evidence of this. There is insufficient evidence to
disregard
the statute's requirement that wages paid in the
subject
department be compared with those received in
comparable
departments.
I find that here a 6.4-percent differential between a
firefighter
and a lieutenant, rather than the present
5-percent differential,
is appropriate. Such an increase
would
narrow the discrepancy in the wage differentials between
lieutenants
and firefighters in Sumner and the comparable
jurisdictions.
For 1989, Sumner fire lieutenants would
receive
an annual wage of about $34,015. That is about 2
percent
higher than the average in the comparable
departments.
It would place Sumner third out of seven in
relative
ranking of lieutenant wages. Sumner would move up
from
seventh place to a tie for fifth place in percentage wage
differential
between ranks. While the percentage wage
differential
will remain behind the average of the comparable
jurisdictions,
it will be an improvement on the percentage
differential
which was agreed to during the last negotiations.
INTEREST ARBITRATION AWARD
It is the determination of your Neutral Chairman that the
Collective Bargaining
Agreement between the city of Sumner and
the
International Association of Firefighters, Local No. 2877
shall
be amended to include the following:
A. Effective January 1, 1989, the base wage rates for all
employees
covered by the Agreement, except lieutenants, shall
be
increased by 3 percent.
B. Effective January 1, 1990, the base wage rates for all
employees
covered by the Agreement, except lieutenants, shall
be
increased by 4.1 percent.
C. Effective January 1, 1991, the base wage rates for all
employees
covered by the Agreement, except lieutenants, shall
be
increased by a percentage amounting to 90 percent of the
increase
in the CPI-W, Seattle Area, July 1989-July 1990.
D. For 1989, 1990, and 1991,
lieutenants shall receive
wage
increases each year sufficient to increase their base
wages
to 6.4 percent above that of a top-step firefighter.
E. The Employer shall pay a dollar amount equal to
100 percent of the cost of the
premiums necessary to provide
employee,
spouse and dependent coverage for comparable
medical,
dental and life insurance coverage for the term of
this
Agreement.
Pursuant to an agreement reached by the parties at the
hearing,
the Neutral Chairman shall retain jurisdiction for 30
days
in order to deal with any ambiguities in the Opinion
which
require interpretation.
Redmond
, Washington
Dated: July 23, 1990 /s/ ALAN R. KREBS
Alan R. Krebs,
Neutral Chairman