INTEREST ARBITRATIONS

Decision Information

Decision Content

Teamsters Union, Local 23

And

City of Bellingham

Interest Arbitration

Arbitrator:      Kenneth J. Latsch

Date Issued:   04/02/1996

 

 

Arbitrator:         Latsch; Kenneth J.

Case #:              11718-I-95-00250

Employer:          City of Bellingham

Union:                Teamsters; Local 231

Date Issued:      04/02/1996

 

 

BEFORE ARBITRATOR KENNETH J. LATSCH

In the Matter of the Interest Arbitration     )

between:                                                         )

                                                                        )

THE CITY OF BELLINGHAM                   )           PERC Case No. 11718-I-95-250

                                                                        )

and                                                                  )

                                                                        )           INTEREST ARBITRATION

TEAMSTERS UNION, LOCAL 23             )           OPINION AND AWARD

_____________________________              )

 

Appearances:

 

Heller, Ehrman, White & McAuIiffe, by Otto G. Klein, III, appeared for the City of

Bellingham

 

Davies, Roberts and Reid, by Russell J. Reid, appeared for Teamsters Union,

Local 231.

 

 

Procedural Background

      The City of Bellingham (Employer) and Teamsters Union, Local 231 (Union) have a

collective bargaining relationship involving a bargaining unit of nonsupervisory,

uniformed personnel of the Bellingham Police Department. The personnel are classified as

either police officers or as police sergeants. The record indicates that the position of

sergeant is a promotional position within the bargaining unit. At the time of this hearing,

there were approximately 97 police officers and sergeants in the bargaining unit.

      The parties entered into negotiations for a wage reopener for calendar year 1995, but were

unable to reach agreement on a mutually satisfactory wage increase for bargaining unit

personnel. By mutual request of the parties, Arbitrator Kenneth J. Latsch was selected to

resolve the dispute concerning the 1995 wage reopener.

      The parties waived the creation of an interest arbitration panel. A hearing was conducted

before the Arbitrator on November 15, 1995, in Bellingham, Washington. The parties

submitted post-hearing briefs.

 

Positions of the Parties

      At the outset of interest arbitration proceedings the parties respective positions can be

set forth as follows:

 

The Union:

      The Union argues that Whatcom County should not be used as a comparable

jurisdiction in this interest arbitration case.

      The Union seeks a salary increase of 9% for all bargaining unit employees for

calendar year 1995.

 

The Employer:

      The Employer contends that Whatcom County should be used as a comparable

jurisdiction.

      The Employer proposes a 3% salary increase for police officers and a 2% salary

increase for police sergeants.

 

Relevant Statutory Provisions

      The Washington State Legislature has declared that interest arbitration should be used to

resolve impasses that may occur in collective bargaining negotiations involving public

employers and uniformed personnel. RCW 41.56.430 states:

 

Uniformed personnel Legislative directive. 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 means of settling disputes.

 

The standards to be followed in interest arbitration proceedings are governed by the

provisions of RCW 41.56.460:

 

Uniformed personnel interest arbitration panel - Basis for determination.

In making its determination, the panel shall be mindful of the legislative purpose

enumerated in RCW 41.56.430 and as additional standards or guidelines to aid it in

reaching a decision, it shall take into consideration the following factors:

      (a) The constitutional and statutory authority of the employer;

      (b) Stipulation of the parties;

      (c)(i) For employees listed in RCW 41.56.030(7)(a) and 41.56.495, comparisons

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

proceedings with the wages hours, and conditions of employment of like

personnel of like employers of similar size on the west coast of the United States;

      (ii) For employees listed in RCW 41.56.030(7)(b), comparison of the wages,

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

with the wages hours, and conditions of employment of like personnel of public

fire departments of similar size on the west coast of the United States. However,

when an adequate number of comparable employers exists within the state of

Washington, other west coast employers shall not be considered;

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

cost of living;

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

proceedings and;

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

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

 conditions of employment. .

 

A noted in the Employee's closing brief, interest arbitration must be viewed as a logical

extension of the collective bargaining process, and cannot be used to advance

unreasonable positions. In other words, interest arbitration cannot be viewed as a second

opportunity to gain advantage or to advance unrealistic proposals. As Arbitrator Charles

La Cugna stated:

 

The arbiter must interpret and apply the legislative criteria in RCW 41.56.460. The

arbitrator must not only interpret each guideline, but he must determine what

weight he will give to each guideline in order to arrive at a "total package" because

only the "total package" concept can measure the real effect of the arbitrator's

decision. The task is not easy. He must attempt to fashion an acceptable and

workable bargain, one that the parties would have struck by themselves as

objective and disinterested neutrals. This point is crucial. Dispute settlement

procedures that culminate in binding arbitration make it easy for each to bypass

negotiations, mediation and fact-finding in the hope that an arbitrator might award

to one party what it could not gain through the process of free and robust

negotiations. The award must reflect the relative bargaining strength of the

parties. The award cannot be a "compromise" much less "a splitting of the

difference" because such an award would favor the party which advances extreme

demands and takes an intransigent position. City of Kent (LaCugna, 1980)

 

Discussion and Analysis

      Comparable Jurisdictions

      The Employer and the Union both used the same methodology in selecting comparable

jurisdictions The parties limited their analysis to jurisdictions within Washington State.

The parties first selected cities within 50% above and below Bellingham's population.

The parties then refined the list of potential comparables by limiting their attention to cities

within 50% above and below Bellingham's assessed valuation. This process led to the

following list of mutually acceptable comparable jurisdictions:

Auburn

Olympia

Kent

Vancouver

Kennewick

Edmonds

Renton

Kirkland

Lynnwood

Yakima

Redmond

The parties were not in complete agreement on the issue of comparability, however. The

Employer desired to include Whatcom County as a comparable jurisdiction, but the Union

argued that inclusion of Whatcom County was inappropriate for these proceedings. The

City of Bellingham is located within Whatcom County and as might be expected there are

a number of factors supporting each party's argument concerning the

use of Whatcom County as a comparables jurisdiction. The County's status in these

proceedings must be addressed before the underlying salary dispute can be analyzed.

      The parties have presented compelling arguments for their respective positions. The

Employer believes that Whatcom County must be included as a comparable jurisdiction

because it shares a common labor market with the City of Bellingham. The Employer

notes that the Whatcom County Sheriff's Department and the City of Bellingham Police

Department work together on a regular basis. The City of Bellingham provides "911"

emergency dispatching for the entire county, while Whatcom County provides a county-

wide criminal justice data base in which Bellingham Police Department records are kept.

Whatcom County operates a correctional facility in which City prisoners are housed. The

County provides specialized services such as marine patrol upon request from the City,

and the record reflects that the City provides its canine team, SWAT team and hazardous

materials team upon request from the County. In addition, the Employer presented

credible evidence that the majority of job applicants for bargaining unit positions come

from Whatcom County residents.

      While acknowledging the close geographic proximity between the City of Bellingham and

Whatcom County, the Union contends that the County is not an appropriate comparable

jurisdiction. Noting that the parties have already stipulated to 11 comparable jurisdictions,

the Union argues that the use of Whatcom County does not add anything meaningful to

this proceeding. The Union further notes that the Employer stipulated

to the other comparable jurisdictions but argued that those located in King County should

not be accorded the same weight as the non-King County jurisdictions.

      The issue of comparing cities to counties has been a point of contention in many interest

arbitration proceedings. In its closing brief, the Union presented the position of several

arbitrators on the subject as stated by Arbitrator Jane Wilkinson in City of Pasco (1994):

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

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

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

it on the grounds that those comparators do not meet the statutory requirement of

"like employers" . . .

It is interesting to note that the same issue arose in an interest arbitration case involving

the Union and Whatcom County. In that case, the Union was actively seeking to have the

City of Bellingham used as a comparable jurisdiction. Arbitrator Carlton Snow ruled that

the City shared significant similarities with the County. Noting that the City and County

shared a common labor market, Arbitrator Snow stated:

Despite the fact that Bellingham is a "city", there are so many significant points of

contact with the County that consideration must be given to the wage structure

for law enforcement personnel in the City of Bellingham. Whatcom County

(Snow, 1986).

The existence of a common labor market is very important to a full consideration of the

wage proposals being advanced in this case. As noted by Arbitrator Janet Gaunt:

Comparisons within the local labor market are traditionally taken into

consideration in collective bargaining. The reasons for this have been aptly described

by UCLA Professor Irving Bernstein as follows:

[Local labor market] comparisons are preeminent in wage

determination because all parties at interest derive benefit

from them. To the worker, they permit a decision on the

adequacy of his income. He feels no discrimination if he

stays abreast of other workers in his industry, his locality,

his neighborhood. They are vital to the union because they

provide guidance to its officials on what must be insisted

upon and a yardstick for measuring their bargaining skill. In

the presence of internal factionalism or rival unionism, the

power of comparisons is enhanced. The employer is drawn

to them because they assure him that competitors will not

gain a wage cost advantage and that he will be able to

recruit in the local labor market . .

The City of Bellingham and Whatcom County clearly share a common labor market. A

large majority of applicants for work in the bargaining unit come from Whatcom County,

and the record reflects that the city and the county share significant economic factors.

      Apart from a common labor market, Whatcom County reasonably fits within the

framework of comparability factors already agreed upon by the parties. As demonstrated

in Employer Exhibit 9 (page 6), Whatcom County falls within the parameters of the

criteria agreed upon by the parties to find comparable jurisdictions.

      In addition, the use of Whatcom County as a comparable jurisdiction provides balance

between the Snohomish-King County group of comparators and the rest of the

comparable jurisdictions. The use of "metropolitan" comparators has been a contentious

issue in interest arbitration proceedings, and the relative weight to be given to

"metropolitan" jurisdictions has been debated on numerous occasions. It is important to

select a list of comparators that truly reflects the nature of the specific jurisdiction where

the interest arbitration proceeding arose.

      Moreover, the situation presented here is different from the circumstances found by

Arbitrator Wilkinson in City of Pasco, where there were two other cities in the same

immediate geographic area from which comparisons could be made. There are no other

cities nearby from which such comparisons can be made in this case

      Given the arguments presented here, it is appropriate to include Whatcom County as a

comparable jurisdiction. There is no doubt that the City of Bellingham and Whatcom

County share a common labor market, and that there is a significant degree of interchange

and mutual cooperation between the two law enforcement agencies.

      In addition, use of Whatcom County as a comparable jurisdiction is logical because it is

the closest geographic comparator to the City of Bellingham, and more accurately reflects

the economic realities of that particular area. While the other comparable jurisdictions will

provide relevant information, none can provide such a close comparison to the economic

climate found in the geographic area surrounding the City of Bellingham. As stated in

RCW 41.56.460(f), the relationship between Whatcom County and the City of Bellingham

presents factors:

which are normally or traditionally taken into consideration in the determination of

wages, hours, and conditions of employment

Having included Whatcom County as a comparable jurisdiction does not mean that the

county will be the sole or prima comparator, however, Whatcom County will be added

to the list of comparable jurisdictions already stipulated by the parties. While the county

has unique factors justifying its inclusion on the list of comparable jurisdictions, the entire

list of comparators must be analyzed to determine the appropriate wage increase in this

case.

 

The Wage Increase

      It is important to note the immediate bargaining history which led to this interest

arbitration proceeding. The parties entered into a three year collective bargaining

agreement for calendar years 1993, 1994 and 1995 The parties agreed to a 4% wage

increase for 1993 a 3% wage increase for 1994, and a wage reopener for 1995. It is in

this context that the parties make their arguments concerning an appropriate wage

increase for 1995.

      In making its wage proposal of 9% for calendar year 1995, the Union asserts that the

bargaining history must not play a significant factor in determining the appropriate wage

increase. As the Union notes in its closing brief, the parties could not agree to 1995

salaries when bargaining took place in 1993 and the Union maintains that 1995 must

"stand alone" for purposes of this proceeding. The Union further contends that the

Employer's arguments concerning promotional opportunities must be rejected as

misleading to the underlying salary dispute. The Union argues that other police contracts

contain similar provisions, and that promotional opportunities should not be used to

detract from the Union's wage proposal.

      The Union further asserts that the City of Bellingham must "catch up" with the salaries

paid in comparable jurisdictions. Even though the Union did not include Whatcom

County as a comparable jurisdiction in advancing this argument, the Union's "catch up"

analysis must be discussed as presented to understand the reasons behind the Union's

wage increase.

      According to the Union's position the City of Bellingham has fallen dramatically as in

relation to its comparable jurisdictions. In Union Exhibit 4, the Union showed the

differences in the "top step" police officer salaries for 1994 as follows:

_____________________________________________________________________

                        Police Officer                         "Catch Up"

                        Top Step                                 To Top Rate

Kirkland         $3838                                      - - -

Renton            $3760                                      2.1%

Redmond        $3698                                      3.8%

Kent                $3659                                      4.9%

Edmonds         $3593                                      6.8%

Vancouver      $3560                                      7.8%

Auburn            $3554                                      8.0%

Olympia          $3534                                      8.6%

Lynnwood       $3529                                      8.9%

Bellingham     $3524                                      8.9%

Yakima           $3491                                      9.9%

Kennewick      $3355                                      14.8%

_____________________________________________________________________

Using the same formula for calendar year 1995, the Union presented the following

information in Union Exhibit 12:

_____________________________________________________________________

 

                        Police Officer                         "Catch Up"

                        Top Step                                 To Top Rate

Kirkland         $3959                                      - - -

Renton            $3892                                      1.7%

Kent                $3806                                      4.0%

Edmonds         $3706                                      6.8%

Redmond        $3698 (1994)                           7.1%

Vancouver      $3685                                      7.4%

Auburn            $3666                                      8.0%

Lynnwood       $3653                                      8.4%

Yakima           $3597                                      10.1%

Olympia          $3587                                      10.4%

Bellingham     $3524 (1994)                           12.3%

Kennewick      $3461                                      14.4%

_____________________________________________________________________

 

The Employer advances a much different argument concerning the appropriate wage

increase. The Employer maintains that the wage proposals must be analyzed with the

1993 and 1994 increases in mind. The Employer argues that the Union's position is well

out of the range of the 1993 and 1994 increases, and the Employer asserts that the Union

is attempting to use interest arbitration to gain a wage increase that would have never

occurred in normal bargaining. The Employer further notes that the City of Bellingham

has not suffered turnover problems with the wage structure currently in place, and that

hiring has not been difficult.

      The Employer asserts that many bargaining unit employees are eligible for specialty pay

and there are many promotional opportunities that impact wages. The Employer contends

that its wage proposal is also appropriate when considering "internal comparability

factors" within the Bellingham Police Department. Finally the Employer argues that its

wage proposal is reasonable and that it generally keeps pace with the cost of living

(approximately 3% at the time of the hearing).

      Following the Employer's analysis, the parties have voluntarily put the bargaining unit

slightly below the average of the comparable jurisdictions, with Bellingham police officers

somewhere between 1/2% to 4% behind the average wage increase. As further proof of

this state of affairs, the Employer, in Employer Exhibit 43, notes that the following pattern

has emerged from collective bargaining for the years 1990 through 1994:

_____________________________________________________________________

Year    Bellingham Relationship to Average

1990    1.6% below the average

1991    1.3% below the average

1992    3.3% below the average

1993    1.5% below the average

1994    1.5% below the average

_____________________________________________________________________

 

Clearly, the parties have differing interpretations of how the wage increase issue should be

addressed. The Arbitrator must note that the Union's analysis contains a number of

factors which have not been used in fashioning salary settlements in the past. The

testimony of Kathryn Hanowell, Director of Human Resources, credibly establishes that

the parties had not used such cost factors as Social Security payments made by the

Employer, deferred compensation payments, accreditation pay and physical fitness

incentives. In fact, it appears that the parties had traditionally looked at base wages and

longevity as the basis for negotiations. This is made clear by Employer Exhibit 66, a

document prepared by the Union for bargaining in 1993 in which base wage and longevity

factors were used to propose wage increases for bargaining unit members.

      The Arbitrator does not see any reason to upset the historical progression of the parties'

collective bargaining relationship. While the Union has a legitimate point concerning the

need to balance bargaining history with the realities of the particular round of

negotiations in question, it must be noted that this particular dispute arises in the context

of a contract that is, except for wages closed for 1995. It would be wholly inappropriate

to discard the bargaining history in which the collective bargaining agreement was initially

executed. A wage reopener is just what its name implies; it is a chance for the parties to

reconsider wage rates after the passage of some time from the date of contract

ratification. The wage rate is to be negotiated at the time designated in the wage

reopener, and this will typically complete bargaining on the contract as a whole.

      During the course of the hearing, and by way of closing briefs, the parties to this dispute

have provided a great deal of information supporting their conflicting views on the

appropriate wage increase for 1995. While the Arbitrator has examined all of the exhibits

and arguments presented, this dispute must be decided in the context of the situation in

which it was presented. There is no evidence that the parties had ever used the factors set

forth by the Union in determining the wage increase to be appropriate. The process of

interest arbitration mus be viewed as a natural progression from the realm of good faith

collective bargaining. It cannot be used as a means to gain advantage that could not have

been gained through the negotiations themselves. Accordingly the Union's position that

this wage increase must be used to help the bargaining unit "catch up" with comparable

jurisdictions must be rejected here

      Deciding against the Unions position concerning the propriety of "catch up" factor does

not end the discussion of the appropriate wage increase. As noted in the Employer's

closing brief the record demonstrates that bargaining unit employees are given the

opportunity to earn additional compensation by working in specialty areas such as

detective, shift investigator, and traffic officer. While each of these promotional positions

are not, in and of themselves conclusive evidence that the City of Bellingham is a unique

jurisdiction, their existence must be counted as part of the factors in determining an

appropriate wage increase.

      Finally, examination of the consumer price index (CPI) at the time of this dispute shows

that the national index, whether expressed as CPI-U or CPI-W, was running slightly less

than 3%, and the Seattle area index was slightly above the 3% level. The Union did not

submit argument concerning the relative merit of the consumer price index, given that it

stressed its "catch up" theory. The consumer price information is important because it

gives a general economic structure in which the different wage increase proposals can be

analyzed. The general range of consumer price indices indicates that a 3% increase would

be appropriate in this case, and such a result would be logical within the context of the

wage opener found in the collective bargaining agreement.

      The last issue to be decided is whether the 3% increase should be granted to all bargaining

unit employees or should sergeants receive a lower amount, as the Employer has argued.

Given the nature of these proceedings, and remembering that the interest arbitration

proceeding arises from the context of a wage reopener, it would be inappropriate to grant

a different wage increase for sergeants than the other officers would receive,

      Throughout the presentation of its evidence and in its closing brief, the Employer strongly

argued that interest arbitration should not be used as a forum to advance bargaining

proposals that were unrealistic in terms of the underlying negotiations. In this case, given

the limited number of issues that could be brought to the bargaining table, it is most

unlikely that the Union could have ever agreed to different wage increases for patrol

officers and for sergeants when the issue of wages was the only thing available for

discussion.

 

AWARD

 

For purposes of this interest arbitration award, Whatcom County is included as a

comparable jurisdiction.

 

For calendar year 1995, the wages of all bargaining unit employees subject to this interest

arbitration award shall be increased by 3% on the base wage amount.

 

Dated at Olympia, Washington this 2nd day of April, 1996.

 

/s/

KENNETH J. LATSCH,

Arbitrator

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