INTEREST ARBITRATIONS

International Association of Fire Fighters, Local 3611

And

Evergreen Community Health Care

Interest Arbitration

Arbitrator:      Philip Kienast

Date Issued:   11/06/1997

 

 

Arbitrator:         Kienast; Philip

Case #:              12805-I-96-00276

Employer:          Evergreen Community Health Care

Union:                IAFF; Local 3611

Date Issued:     11/06/1997

 

 

 

IN THE MATTER OF ARBITRATION

 

Between

EVERGREEN COMMUNITY HEALTH   )

CARE                                                             )           OPINION AND AWARD

                                                                        )           of

                                                                        )           Philip Kienast

-and-                                                                )           June 27, 1998

                                                                        )

                                                                        )           Re:   Interest Dispute

INTERNATIONAL ASSOCIATION OF    )                    (PERC 12805-1-96-00276)

FIREFIGHTERS, LOCAL 3611                  )

_______________________________          )

 

APPEARANCES

 

For the Union:

      James H. Webster and Lynn D. Weir of Webster, Mrak & Blumberg, attorneys at

law

 

For the Employer:

      David Gravrock of Conner, Gravrock & Treverton, attorneys at law

 

OPINION

      This proceeding is in accordance with RCW 41.56.450. A hearing in this matter

was held on November 6, 1997 at which the parties stipulated to procedures and facts

(see Appendix A)

      The record in this matter was closed upon receipt by the Arbitrator of post hearing

briefs on June 3, 1998. The only issue in dispute is whether or not Section 2.2 will be the

maintenance of membership language proposed by the Employer or the Union shop

language proposed by the Union.

 

Employer Proposal

2.2 All full-time and part-time employees who are members of the Union

at the time of the signing of this Agreement, and all full-time and part-time

employees who voluntarily join the Union during the term of this

Agreement must retain their membership in good standing. Good standing

is herein defined as the tendering of Union dues on a timely basis.

Employees who fail to comply with this requirement shall be discharged by

the Employer within thirty (30) days after receipt of written notice to the

Employer from the Union, unless the employee fulfills the membership

obligation set forth in this Agreement within that thirty (30) day period.

Any employee who is a member of the Union may voluntarily withdraw

from the Union by giving written notice to the Union by certified mail

within the last fifteen (15) days prior to the expiration date of this

Agreement.

 

Union Proposal

2.2 It shall be a condition of employment that all employees shall become

members of the Union within 30 days of employment and remain members in

good standing. Timely payment of regular Union dues will constitute

membership in good standing for the purpose of this article. Employees who

fail to comply with this requirement shall be discharged by the Employer

within 30 days after receipt of written notice to the Employer from the

Union, unless the employee fulfills the membership obligation set forth in the

agreement. Employees with a bona fide religious objection to Union

membership and/or association based on the bona fide tenets or teachings of

a church or religious body of which such employee is a member shall not be

required to tender those dues or initiation fees to the Union as a condition of

employment. Such employee shall pay an amount of money equivalent to

regular Union dues and initiation fee to a non-religious charity mutually

agreed upon between the public employee and the Union. The employee

shall furnish written proof that payment to the agreed non-religious charity

has been made. If the employee and the Union cannot agree on the non-

religious charity, the Public Employment Relations Commission shall

designate the charitable organization. It shall be the obligation of the

employee requesting or claiming the religious exemption to show proof to

the Union that he/she is eligible for such exemption.

 

      The Union contends the language it proposes is comparable to that found in every

collective agreement between IAFF locals and local jurisdictions in Washington. The

Employer contends the language it proposes is comparable to the language found in

collective agreements between paramedics and health care facilities like Evergreen.

Moreover, the Employer argues its proposed language is comparable to that contained in

labor agreements it has with five other bargaining units of its employees.

      The Union contends that adoption of its proposal will promote the dedicated

service of unit members as envisioned by the legislature in passing RCW 41.46.430. It

argues the Arbitrator must "be mindful" of this legislative purpose in making his

determination.

      The Union also contends the "voluntary" approach of the Employer's proposal can

destabilize labor relations by permitting "free riders," i.e., those who benefit from

representation electing not to pay dues. It argues the clear intent of the legislature was to

stabilize employment relations of uniformed personnel.

      The Employer contends the Arbitrator must give substantial weight to industry

practice and other agreements the Employer maintains with its employees. In this

context, the Employer argues its proposal is very comparable and most reasonable.

 

Analysis and Conclusions

      The critical fact in this case is that all 25 paramedics in the bargaining unit are

currently members of Local 3611 and under the Employer's proposal "must retain their

membership in good standing" during the term of the Agreement. Accordingly, there can

be no "free rider" problem. The Union will have financial support from every member it

represents for the term of the Agreement. Anyone wishing to withdraw from the Union

must give notice 15 days before the Agreement expires. Therefore, the parties will be

notified and can negotiate over this issue.

      In addition, the Arbitrator finds that the predominant form of union security

language in the health care industry is a "maintenance of membership" provision; and,

that the predominant form in fire departments is a "union shop" clause. On balance, the

Arbitrator gives more weight to health care comparables than those of fire departments

because this employer is not a fire department. Labor relations in the fire service

developed early and in response to conditions that existed in that service. Labor relations

in health care developed more recently and in response to different conditions. The

dominant form of union security provision that has emerged from the development of

health care labor relations to date is a "maintenance of membership" provision.

      In the absence of other persuasive evidence relevant to the expressed intent or

factors enunciated in RCW 41.56, this Arbitrator will order the adoption of the

Employer's proposal.

 

AWARD

 

1.   The following proposal shall be inserted as Section 2.2 of the parties'

Collective Bargaining Agreement:

 

2.2 All full-time and part-time employees who are members of the Union

at the time of the signing of this Agreement, and all full-time and part-time

employees who voluntarily join the Union during the term of this

Agreement must retain their membership in good standing. Good standing

is herein defined as the tendering of Union dues on a timely basis.

Employees who fail to comply with this requirement shall be discharged by

the Employer within thirty (30) days after receipt of written notice to the

Employer from the Union, unless the employee fulfills the membership

obligation set forth in this Agreement within that thirty (30) day period.

Any employee who is a member of the Union may voluntarily withdraw

from the Union by giving written notice to the Union by certified mail

within the last fifteen (15) days prior to the expiration date of this

Agreement.

 

Philip Kienast

June 27, 1998

Bothell, Washington

 

 

APPENDIX A

 

STATE OF WASHINGTON

 

IN INTEREST ARBITRATION

BEFORE PHILIP KIENAST, NEUTRAL ARBITRATOR

(RCW 41.46.450)

 

EVERGREEN COMMUNITY HEALTH   )

CARE,                                                            )

Employer,                                                       )           Case No. 12805-I-96-00276

                                                                        )           (formerly 12623-M-96-4590)

v.                                                                     )

                                                                        )           STIPULATION

INTERNATIONAL ASSOCIATION          )

OF FIRE FIGHTERS LOCAL 3611,           )

Union.                                                             )

_______________________________          )

 

      It is hereby stipulated by and between King County Public

Hospital District No. 2, d/b/a Evergreen Community Health Care

("the Employer") , and International Association of Fire Fighters,

Local 3611 ("the Union"), through their respective

representatives, as follows:

      1.   The Employer is a public employer within the meaning of

RCW 41.56.030(1)

      2.   The Union was certified by the Public Employment

Relations Commission ("PERC") as collective bargaining

representative of advanced life support technician ("paramedic")

employees of the Employer in Spring 1995.  The employees in the

bargaining unit are "uniformed personnel" within the meaning of

RCW 41.56.030(7).

      3.   The parties conducted negotiations for an initial

collective-bargaining agreement and reached agreement on all

terms except the Union's proposal ("the Proposal") that

bargaining unit employees be required, as a condition of

employment and subject to the requirements of chapter 41.56 RCW,

to acquire and maintain membership in good standing in the Union.

The parties reached impasse on the Proposal.

      4.   By letter dated November 20, 1996, a copy of which is

attached as Exhibit 1, the Executive Director of PERC certified

the Proposal for interest arbitration.  Thereafter the parties

selected Philip Kienast to serve as Neutral Arbitrator, without

partisan panel members, to resolve the parties' impasse over the

Proposal.

      5.   The parties have reached agreement on the constitution

of the record and submission of issues to the Arbitrator and wish

to set forth that agreement in this Stipulation.

      6.   The Union submits the following documents for the

record, to which the Employer offers no objection:

            6.1. The Proposal, a copy of which is attached hereto

as Exhibit 2.

            6.2. The collective-bargaining agreement that reflects

the parties' agreement on all matters other than the Proposal, a

copy of which is attached hereto as Exhibit 3.

            6.3. Collective-bargaining agreements between the

following public employers and unions representing uniformed

paramedic employees of such employers:

      City of Seattle, City of Spokane, City of Everett, City of

Bellingham, City of Bellevue, City of Shoreline, Central Pierce

Fire & Rescue (two bargaining units) , King County, Snohomish

County Fire District No. 7, Thurston County Fire District No. 3

(Lacey) , and Pierce County Fire District No. 16 (Key Peninsula),

copies of   which are attached hereto as Exhibits 4 through 15.

            6.4. Declaration of Steve Palmer, a copy of which is

attached hereto as Exhibit 16 (Description of bargaining unit;

existence of EMS subsidy by King County for paramedics employed

by public employers in King County; Employer's plan to cease

active management of Evergreen Hospital by turning over

management thereof to non-profit private organization  while

continuing to employ paramedics directly; and extent of current

voluntary Union membership)

      7.   The Employer submits the following documents for the

record, to which the Union offers no objection:

            7.1. Collective-bargaining agreements between the

Employer and the unions representing employees other than the

paramedics, copies of which are attached hereto as Exhibits 17

through 20.

            7.2. Collective-bargaining agreements of all Washington

public hospital district employers (excluding the Employer) and

unions representing uniformed paramedic employees of such employ-

ers: Whidbey General Hospital and Affiliated Health Services

(Mount Vernon), copies of which are Exhibits 21 and 22.

            7.3. Declaration of Cindy Johnson, a copy of which is

attached hereto as Exhibit 23, identifying the bargaining units

at Evergreen Hospital Medical Center, the size of those bargain-

ing units, a description of the membership provisions contained

in the Hospital's collective bargaining agreements; a description

of the health care industry practice regarding union membership

requirements in the Puget Sound area and elsewhere in the State

of Washington; identification of all hospital contracts in the

State of Washington covering advanced life support technicians

and their membership requirements; recent events involving

Swedish Hospital Medical Center and discussions with King County

officials.

            7.4. Summary report of employees employed by the

Employer listed by union by job title, a copy of which is

attached as Exhibit 24.

      8.   The parties shall confer with the Arbitrator through

their representatives in person or by telephone conference call

to review this stipulation, address any additional matters, and

fix a date for submission of simultaneous briefs to the neutral

Arbitrator.

      9.   Upon submission of the briefs referred to above, the

record shall be complete and the Arbitrator shall issue his

award.

 

DATED:   November 6, 1997

 

EVERGREEN COMMUNITY HEALTH CARE

By:____________________

David Gravrock

 

INTERNATIONAL ASSOCIATION OF

FIREFIGHTERS, LOCAL 3611

By:____________________

James H. Webster