INTEREST ARBITRATIONS

Decision Information

Decision Content

International Association of Fire Fighters, Local 2877

And

City of Sumner

Interest Arbitration

Arbitrator:      Alan R. Krebs

Date Issued:   07/23/1990

 

 

Arbitrator:         Krebs; Alan R.

Case #:              07812-I-89-00179

Employer:          City of Sumner

Union:                IAFF; Local 2877

Date Issued:     07/23/1990

 

 

 

IN THE MATTER OF

CITY OF SUMNER

AND

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,

LOCAL 2877

 

PERC No.:     7812-1-89-179

Date Issued:   July 23, 1990

 

INTEREST ARBITRATION OPINION AND AWARD

OF

ALAN R. KREBS

 

ARBITRATION PANEL

NEUTRAL CHAIRMAN:                     ALAN R. KREBS

CITY APPOINTED MEMBER:           ALAN NYGAARD

UNION APPOINTED MEMBER:       JACK ANDREN

 

Appearances:

 

CITY OF SUMNER                               Michael J. Meglemre

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 All Pierce County Fire Departments         15

VIII. HEALTH AND WELFARE                                                            16

IX.    WAGES                                                                                            16

X.     WAGE DIFFERENTIAL FOR LIEUTENANTS                          24

 

 

IN THE MATTER OF

CITY OF SUMNER

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 Sumner appointed Alan Nygaard as its

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 Sumner, Washington, on May 1, 1990. The City was

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 May 22, 1990. The Arbitration Panel

conferred on July 6, 1990.

 

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 United States. However, when

an adequate number of comparable employers

exists within the state of Washington,

other west coast employers shall not be

considered;

      (d) The average consumer prices for

goods and services, commonly known as the

cost of living;

      (e) Changes in any of the foregoing

circumstances during the pendency of the

proceedings; and

      (f) Such other factors, not confined

to the foregoing, which are normally or

traditionally taken into consideration in

the determination of wages, hours and

conditions of employment.

      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 Washington against strikes

by uniformed personnel as a means of

settling their labor disputes; that the

uninterrupted and dedicated service of

these classes of employees is vital to the

welfare and public safety of the state of

Washington; that to promote such dedicated

and uninterrupted public service there

should exist an effective and adequate

alternative means of settling disputes.

 

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 December 31, 1988. They were unable to reach

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 Washington

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

January 1, 1989. The City proposes that all members of the

bargaining unit should receive a 2.72 percent wage increase

effective January 1, 1989, an additional 3.5 percent wage

increase effective January 1, 1990, and an additional 3.5

percent wage increase effective January 1, 1991. The City

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, 1989, 9.0 percent effective

January 1, 1990, and, effective January 1, 1991, 100 percent

of the percentage increase in the CPI-W, Seattle Area, July

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 United States." Both

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 Issaquah

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 Tumwater

9.   King County Fire District No. 38

      The Sumner Fire Department provides fire and medical

emergency protection not just to the city of Sumner, but

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 Sumner and Pierce County Fire District No. 1 should

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 Pierce County. The parties agree

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 Sumner/Pierce County

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 King County

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 County Fire

District No. 1. Thus, I find that the jurisdictions which

are comparable in size to Sumner/Pierce County Fire

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 Issaquah

8.   City of Tumwater

 

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, Seattle Area, July 1989 to July 1990. While Chief

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 Seattle

metropolitan area reflects the following annual changes in

the cost of living:

Annual average cost of living increase

CPI-W - Seattle Area      July to July

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 All Pierce County Fire Departments

The Association presented evidence of the wages and

benefits of all Pierce County Fire Departments. In some cases

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 Pierce County departments

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 8 a.m. and 5:30 p.m.,

with two 15-minute rest periods and a one-hour meal period.

On weekends, the structured work hours are from 8 a.m. until

2 p.m. During the remaining hours of his shift, a Sumner

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. Holiday and vacation benefits.

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 Issaquah

Base Wages                                       $29,640.

Health and Welfare                           4,203.

Total Compensation                           $33,843.

 

City of Tumwater

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

 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.