INTEREST ARBITRATIONS

Decision Information

Decision Content

Clark County

And

Clark County Deputy Sheriff’s Guild

Interest Arbitration

Arbitrator:      Gary L. Axon

Date Issued:   05/30/1996

 

 

Arbitrator:         Axon; Gary L.

Case #:              11845-I-95-00252

Employer:          Clark County

Union:                Clark County Sheriff's Guild

Date Issued:      05/30/1996

 

 

 

 

IN THE MATTER OF                                  )

                                                                        )

INTEREST ARBITRATION                       )           PERC NO. 11845-1-95-252

            BETWEEN                                         )           ARBITRATOR'S OPINION

                                                                        )

            CLARK COUNTY                             )           AND AWARD

            DEPUTY SHERIFF'S GUILD,         )

                                                                        )           1995-97 AGREEMENT

                                                Guild,              )

                                                                        )

                        and                                          )

                                                                        )

CLARK COUNTY, WASHINGTON,          )

                                                                        )

                                                County.           )

 

HEARING SITE:                                                      County Offices

                                                                                    Vancouver, Washington

 

HEARING DATES:                                                  February 26, 27, 28, 29, 1996

 

POST-HEARING BRIEFS DUE:                            Postmarked April Si 1996

 

RECORD CLOSED ON RECEIPT OF BRIEFS:  April 8, 1996

 

REPRESENTING THE GUILD:                             Daryl S. Garrettson

                                                                                    Hoag, Garrettson, Goldberg

                                                                                    & Fenrich

                                                                                    1313 N.W. 19th

                                                                                    Portland, OR 97209

 

REPRESENTING THE COUNTY:             Otto G. Klein, III

                                                                                    Heller, Ehrman, White

                                                                                    & McAuliffe

                                                                                    6100 Columbia Center

                                                                                    701 Fifth Avenue

                                                                                    Seattle, WA 98104-7098

 

INTEREST ARBITRATOR :                                  Gary L. Axon

                                                                                    1465 Pinecrest Terrace

                                                                                    Ashland, OR 97520

                                                                                    (541) 488-1573

 

                                                            Table of Contents

                                                                       

ISSUE                                                                                                             Page

Introduction                                                                                                    2

1 -        Wages/Economics                                                                              6

2 -        Paid Days Off/Holidays                                                                     43

3 -        Incentive Plan                                                                                    52

4 -        Pay period/Method of Pay                                                                 59

5 -        Hours of Work/Schedules                                                                 70

6 -        Benefits/Insurance                                                                             83

7 -        Miscellaneous                                                                                                87

Conclusion                                                                                                      94

 

I.          INTRODUCTION

 

            This case is an interest arbitration conducted pursuant

to the public Employees Collective Bargaining Act.  The parties to

this dispute are the Clark County Sheriff's Guild (hereinafter

"Guild") and Clark County, Washington (hereinafter "County") .  The

County and the Guild are parties to an Agreement that covered the

period from January 1, 1992, through December 31, 1994.  This was

the first Collective Bargaining Agreement entered into by the

parties following certification of the Guild in 1991 as the

representative of the deputies in the Clark County Sheriff's

Office. The prior Agreement concluded with an interest arbitration

in the summer of 1993.  The parties were unable to reach final

agreement for the successor contract in either bargaining or

mediation and submitted their dispute to interest arbitration. The

parties agreed to waive the provision for partisan arbitrators and

the case was submitted to this Arbitrator for a final Award.

            Clark County is located in southwestern Washington,

across the river from Portland, Oregon.   The County has grown

rapidly over the  last ten years.   The Sheriff's Office is

responsible for providing a variety of police services within the

633 square miles that encompass Clark County. The Sheriff's Office

services the unincorporated areas of Clark County which have a

current population of about 206,000 people.  The total population

of  Clark  County  for  1995  was  estimated at  291,000  persons.

Vancouver is the largest city located in Clark County.

            The Guild represents approximately 107 deputy sheriffs

and 15 sergeants in the bargaining unit.   During 1995 patrol

officers received approximately 67,944 calls for service. Thirteen

percent of those calls were priority 1 and 2 which required

immediate response.  Co.  Ex.  2.   The deputies issued 10,551

citations and wrote over 24,510 original crime reports.   The

Sheriff's Office employs a total of 326 persons in paid positions.

            At the  commencement of  the arbitration hearing the

parties agreed to a list of comparable jurisdictions to assist in

the  resolution of  this  contract  dispute.   The jurisdictions

stipulated to as comparable for the purposes of this interest

arbitration are:

 

                        1.         Clackamas County, Oregon

                        2.         Kitsap County, Washington

                        3.         Marion County, Oregon

                        4.         Spokane County, Washington

                        5.         Thurston County, Washington

                        6.         Washington County, Oregon

                        7.         Yakima County, Washington

 

            The hearing in this case took four days for the parties

to  present  their  evidence  and  testimony.    Because  of  the

stipulation of the parties, it was unnecessary for the parties to

present evidence on the issue of the appropriate jurisdictions with

which to compare Clark County for the purpose of establishing the

terms of the successor Agreement to the 1992-94 contract.  The

majority of the hearing time was consumed with different attempts

by the parties to make comparisons of compensation among the seven

jurisdictions.  The hearing was tape recorded by the Arbitrator as

an extension of his personal note taking.   Testimony of the

witnesses was received under oath.  At the hearing the parties were

given the full opportunity to present written evidence,  oral

testimony and argument.  The parties provided the Arbitrator with

substantial written documentation in support of their respective

cases.

            The parties also submitted comprehensive and lengthy

post-hearing briefs in support of their respective positions taken

at arbitration.   For the purpose of presenting evidence and

argument, the parties categorized the areas of dispute into seven

issues.  In addition, there were sub-issues included within the

seven areas in dispute.  The seven issues identified for an Award

by this Arbitrator are as follows:

 

                        1 .        Wages/Economics

                        2.         Paid Days Off/Holidays

                        3 .        Incentive Plan

                        4.         Pay period/Method of Pay

                        5.         Hours of Work/Schedules

                        6 .        Benefits/Insurance

                        7.         Miscellaneous

 

            The approach of this Arbitrator in writing the Award will

be to summarize the major and most persuasive evidence and argument

presented by the parties on each of the issues.   After the

introduction of the issue and positions of the parties, I will

state the basic findings and rationale which caused the Arbitrator

to make the award on the individual issues.  A considerable portion

of the evidence and argument related to more than one of the issues

and will not be duplicated in its entirety in the discussion of the

separate issues.

            This Arbitrator carefully reviewed and evaluated all of

the evidence and argument submitted pursuant to the criteria

established by RCW 41.56.465.  Since the record in this case is so

comprehensive it would be impractical for the Arbitrator in the

discussion and Award to restate and refer to each and every piece

of evidence and testimony presented.  However, when formulating

this Award the Arbitrator did give careful consideration to all of

the evidence and argument placed into the record by the parties.

            The statutory factors to be considered by the Arbitrator

may be summarized as follows:

 

            (a)        the  constitutional  and  statutory

            authority of the employer;

 

            (b)        the stipulations of the parties;

 

            (c)        the wages,  hours  and conditions  of

            employment of like personnel of like employers

            of similar size on the West Coast of the

            United States;

 

            (d)        the average consumer prices for goods and

            services,  commonly  known  as  the  cost  of

            living;

 

            (e)        changes  in  any  of  the  foregoing

            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.

 

                                    ISSUE 1 - WAGES/ECONOMICS

 

A.        Background

 

            This contract came to arbitration as the result of the

impasse reached between the parties in negotiations for a successor

to the 1992-94 Collective Bargaining Agreement.  The top pay for a

40-hour deputy under the 1992-94 contract was $3,337 per month.

The 48-hour deputy top pay was set at $3,514 per month.  The road

deputies work a 48-hour schedule consisting of four 12 hour shifts.

In the 1992-94 Agreement, the parties added a 5.28% premium pay for

all of the deputies working on the 48-hour schedule.   This

compensated the road deputies for the additional time they spent

working for the County.  Sixty percent of the Guild members are

road deputies. The pay system for the 48-hour deputies complicated

the ability of the parties to make direct comparisons with the

other law enforcement agencies stipulated to by the parties as the

point of comparison.

            The current salary schedule is a six-step system which

provides separate salary ranges for 40-hour deputies,  48-hour

deputies, 40-hour sergeants and 48-hour sergeants.  A major point

of contention between the parties is a County proposal to convert

the monthly pay system to an hourly pay system for the members of

this bargaining unit.   This issue will be discussed separately

under Issue 7.

            Moreover,  the  Guild  proposed  to  make  additional

adjustments to the rates of pay set forth in Article 11.   The

County countered with a number of its own proposals to change

existing language or to continue current contract language rather

than adopt the Guild proposals.

 

            B.        The Guild

 

            The Guild proposed to increase the salary schedule over

a two-year Agreement with four separate pay adjustments. Effective

January 1, 1995, the Guild seeks a 5% increase plus an amount equal

to the Portland CPI-W for the period July 1993 to July 1994.

Effective July 1, 1995, the salary schedule would be adjusted by an

additional 5%. Effective January 1, 1996, the Guild would have the

salary schedule increased by 5% plus an amount equal to the

Portland CPI-W for the period July 1994 to July 1995.  The final

wage increase would be effective July 1, 1996, with an additional

5%  increase.    The  Guild proposal  would make  the  increase

retroactive to January 1, 1995, for all employees as well as for

those who may have retired in the interim.   The Guild would

continue the 5.28% premium for the 48-hour deputies.

            The Guild begins by noting that a straightforward top

step analysis reveals that as of the date of the arbitration the

Clark County deputy sheriffs are paid 5.9% below the comparable

jurisdictions.  Guild Ex. G-1-4.  In order to make an accurate

comparison  of  the  compensation  paid  by  the  comparator

jurisdictions,  the  Guild  maintains  several  adjustments  are

necessary to accurately reflect the true compensation received by

deputies in the comparable jurisdictions.  In Guild Exhibit G-1-5

wages are projected to December 31,  1996.   The analysis of

projected increases in the comparator jurisdictions reflects an

adjusted wage deficiency of 8.4%.    The Guild reasons that a

straightforward  comparability  analysis  of  the  adjusted wage

indicates a catch-up of 5.9% is necessary on the date of the

arbitration, and a catch-up of 8.4% is necessary at the expiration

of the contract.

            The wage increase the Guild is seeking is reinforced by

the total compensation analysis provided in Guild Exhibit G-1-11.

The Guild notes that a total compensation analysis is complicated

by the unique system in Clark County concerning paid days off.

None of the comparable jurisdictions have a similar paid days off

system.  In essence, the Clark County program provides that holiday

time off, vacation time off and sick time off all are encompassed

under the paid days off umbrella.      Although Clark County does

provide for sick leave at the rate of 4 hours per month, that sick

leave cannot be utilized until the individual has been sick for

three consecutive days. All of the other comparators have holidays

off and first day sick leave.

            The normal compensation analysis utilizes the value-of

vacation, sick leave and holidays for the purpose of developing a

net hourly wage.  The methodology used was to reduce the normal

173.3 hours by the value of the time of holidays and vacation days

off.  This results in a net hours worked a month which is divided

into the monthly salary and the result is the net hourly wage.  In

this case, the Guild undertook a total compensation analysis that

properly considered the uniqueness of the paid days off component

of the Clark County compensation package.  The Guild converted

holidays off into a value for holiday pay. Vacation and sick leave

are then deleted as categories in the computations.   The Guild

reasons that because patrol deputies working a 4/12 schedule work

approximately 120 hours more per year than deputies in the

comparator jurisdictions, vacation and sick leave are properly

deleted from the computations. The extra hours have been valued at

approximately 5.28% by the Guild.

            The Guild then chose to demonstrate its compensation

analysis based on salaries in existence at the time of the

arbitration, and not the salaries adjusted to reflect the increases

which will be received during the term of the contract as set forth

in Exhibit G-1-5.  Based on the total compensation analysis, the

Guild submits that the overall amount of catch-up necessary to

reach  the  average  total  compensation  in  the  comparable

jurisdictions is 8.2%.  Guild Ex. G-1-3.

            If   the  projected   salaries   for   the   comparator

jurisdictions are utilized, the numbers set forth in Exhibit G-1-3

would increase substantially. In Exhibit G-1-5 the Guild projected

adjusted wages to December 31, 1996, the end of the two-year

contract it is seeking.  The exhibit reflects that Guild members

are currently 5.9% behind and will be 8.4% behind the adjusted wage

at the completion of the two-year contract.  In the area of total

compensation they are 8.4% behind as of the date of arbitration and

will on the expiration of the contract period be 10.2% behind in

the  overall  average  compensation  paid  in  the  comparator

jurisdictions.

            Turning to the County's comparability exhibits, the Guild

argues these exhibits are seriously flawed in several respects.

First, none of the County exhibits reflect the salary increases

received by the Oregon jurisdictions on July 1, 1995.  Second, the

County compounds its errors in County Exhibit 6 when it seeks to

delineate the value of the PERS pickup by failing to pickup the

additional 4% of deferred compensation by Clackamas County.  This

results  in  the  overall  understatement  of  Clackamas  County

compensation in excess of 7%.

            Third,  the County consistently failed to take into

account the status of salaries at the time of arbitration which

understated  the  total  compensation.    Fourth,  the  County's

capriciousness in utilization of numbers can also be found in its

decision to utilize arbitrarily a five year mark for educational

pay analysis.  The failure to recognize the increasing valuation of

the educational incentive results in further understatement of

total compensation received incomparable jurisdictions.

            In sum, the County has plainly understated the total

compensation for the comparable jurisdictions. The County has also

made certain assumptions which are not accurate and further

understate the compensation paid in the comparable jurisdictions.

By the County's own analysis for 1995, the average increase offered

in the comparable jurisdictions is 2.76%.  However, the County

offers only 1.5% to the members of this bargaining unit.

            Regarding the Consumer Price Index, the percentage of

change for the first half of 1995 was 3.2% and the percentage of

change for the first half of 1994 was 2.9%.  According to the

Guild, the minimum increase necessary for 1995 is 2.9% and the

minimum increase for 1996 would be 3.2% to keep pace with increases

in the cost of living.  A cost of living increase would not catch

the Clark County deputies up with the comparable jurisdictions or

bring them to a salary appropriate for the Portland Metropolitan

Area.

            The County's own exhibits on the CPI reflect an increase

of over 6.1%.  The County has offered increases amounting to 50% of

the CPI.  No analysis submitted by the County can justify such a

low offer for the members of this bargaining unit.

            With respect to changes during the pendency of these

proceedings, the only circumstance applicable to this is the fact

that salary increases have occurred for comparable jurisdictions up

to the arbitration.  Further, salary increases will occur in the

comparable jurisdictions after the rendering of the Award in this

case.

            The Guild asserts the labor market for Clark County is an

integral part of the Portland Metropolitan Area.  The Portland

Metropolitan Area consists of four counties, with Multnomah County

at the center.  If Multnomah County is added to the equation, then

Clark County is 14.7% behind the projected salaries.  Adding the

cities and counties together for the total Portland Metropolitan

Area labor market as of the date of the arbitration, reveals that

Clark County is 14.8% behind   It is clear from the evidence that

the labor market analysis establishes Clark County deputy sheriffs

are paid substantially below the labor market for police officers

and deputy sheriffs within the Portland Metropolitan Area.  The

members of this bargaining unit need a substantial increase to

bring them in line with the comparable jurisdictions, not only

outside the Portland Metropolitan Area, but more particularly

inside the Portland Metropolitan Area.

            Regarding the ability to pay factor, the Guild suggests

the County's evidence on this factor is highly suspect.  The County

presented no official documents but chose to rely upon highly

suspicious  working  papers  for  the  purpose  of  justifying  a

preordained result.  While the County relies on projected revenue

losses as the result of annexations, the County's exhibits do not

reflect any savings in reduced demand for services as the result of

annexations.  Finally, a County witness testified with respect to

budgeted revenue that there was an apparent "$400,000 typographical

error" in County Exhibit 42.  The error changes the 1995 budget

from a deficit to a surplus.  The Guild also offered a statement of

the County manager recorded on video tape where he states that the

County is not in a state of financial crisis.   The Arbitrator

should conclude from the evidence that the County does not suffer

from an inability to pay what the Guild is seeking through this

interest arbitration. Thus, the Guild submits the County failed to

prove that it had an inability to pay the wage increase sought by

the Guild over the life of its proposed two-year Agreement.

            The evidence is undisputed that the County has granted

all other County employees a 3% increase per year.  This is twice

as much as the County has offered the Guild.  When one looks at

internal comparability, the minimum that should be received by the

Guild should be 3% per year.   The data submitted by the Guild

demonstrates that its members are entitled to an increase of

substantially more than 3% per year.

            The documentary evidence submitted by the Guild proved

that deputy sheriffs are paid 5.9% behind the current adjusted wage

for the stipulated comparables.  Guild Ex. G-1-4.  On December 31,

1996, the Guild will be 10.2% behind the total compensation paid to

deputies in the comparable jurisdictions. Guild Ex. G-1-5. All of

these numbers speak to a minimum increase of 5% per year just to

come to the average of the comparables.   When one takes into

account that all of the comparables in the stipulated group except

Clackamas  County  and Washington County are  outside  a major

metropolitan area,  the larger labor market dictates a 15.1%

increase by December 31, 1996, is justified. The Arbitrator should

award 5% retroactive to January 1, 1995, 5% retroactive to July 1,

1995, and 5% retroactive to January 1, 1996.

            The Guild also proposed under the wage issue that an

employee who left employment with Clark County should still receive

a retroactive check.  To do otherwise would encourage the County to

drag out negotiations.

            The first sub-issue under the wage issue relates to shift

differential.  Article 11.3 currently provides for a 30 cent shift

differential for the swing shift and a 40 cent differential for the

graveyard shift.  The Guild would increase the shift differential

by 20 cents for both shifts.  The Guild's justification for this

proposal is based on internal comparability.   The Joint Labor

Coalition contract reflects a shift differential of 90 cents per

hour. The Joint Labor Coalition increase in shift differential was

substantial over the previously negotiated agreement.  The Guild

merely seeks to increase its shift differential by an amount which

reflects the same justification the County utilized for increasing

the Coalition shift differential.  The County's proposal to delete

the shift differential must be viewed as punitive in nature.

            The Guild next proposed  to amend Article  11.4  to

eliminate  the  half  shift  qualification  for working  out-of-

classification premium pay.  The Guild also proposed to provide

premium pay of 5% for the SWAT Team and 5% for those employees

assigned to carry a pager.  The Guild would also provide for the

integration of a senior deputy program.

            The evidence revealed that every single day between 3

a.m. and 5 a.m., there is no sergeant assigned to be on duty.  This

results in 2 hours where deputies are required to function in

essence as deputies in charge without any additional compensation.

This means that the senior deputy has to assume the additional

responsibilities that go with the deputy in charge function without

any additional compensation.

            The 5% premium for SWAT Team pay is justified because

they are the only members of the bargaining unit who are required

to meet a physical fitness standard.  As a result, they must work

out on their own time in order to retain that level of physical

fitness required by the County.   When the physical  fitness

requirement is coupled with the dangerous nature of SWAT Team work

and being subject  to call out  a 5% premium is appropriate.

Spokane, Thurston and Washington Counties have all recognized that

SWAT Team assignment calls for additional compensation.

            The pager pay premium is in essence detective pay.

Because patrol deputies work a 4/12 with four days off thereby

securing a large number of days off and because they receive an

additional 5.28% in pay reflecting their additional hours worked,

it has become more difficult to encourage patrol deputies to

volunteer for special assignments.  If the pager pay is viewed as

a detective incentive, then the Guild's proposal is in line with

the comparables who provide a detective premium.

            The  final  proposal  of  the  Guild  relates  to  the

institution of a senior deputy program.  According to the Guild,

there is a need for an intermediate level of supervision.  The

Guild's proposal will provide the County with the benefit while

allowing more flexibility in the assignment of sergeants and

provide a clear chain of command.  The creation of a senior deputy

program would recognize that knowledge and experience of veteran

employees provides an economic benefit to the County.  Four of the

comparables have either a corporal or a special senior deputy

classification which generates additional pay.

 

            C.        The County

 

            The County begins by setting the context for a wage award

during the term of the successor Agreement.  When the Guild took

over representation of the bargaining unit from SEIU, Local 11, in

late 1991 they were successful in securing substantial increases

for the 1992-94 Agreement.  The parties agreed on wage increases of

23.9% over the duration of the 1992-94 Agreement.  With the "roll-

in" of the 2.4% premium for working on holidays which was moved

into base salaries, the deputy sheriffs' wages increased by 29.4%

or 9. 8% per year.  In addition, a pay adjustment of nearly 5.3% was

granted to 4/12 shift employees in the 1992-94 Agreement.  This

5.28% premium compensated road deputies on a hour-for-hour basis

for the additional time they spent working for the County.  As

such, these Guild members which make up 60% of the Guild, received

increases of about 35% over the three-year period.  County submits

it is quite obvious that the members of this bargaining unit

enjoyed substantially greater increases than the CPI, and increases

received in the comparable jurisdictions.

            The County characterized the Guild's "cash cube" approach

to arbitration as a blatant money grab.  The Guild is proposing a

12.9% wage increase for 1995 to be followed by a 12.3% wage

increase in 1996.  Further, the Guild seeks to obtain a new senior

deputy program which is essentially a disguised longevity pay plan.

Adoption of this plan would yield an additional 10% on top of the

current and very generous incentive plan.  The Guild also seeks to

obtain pager pay of 5% for almost one-half of the bargaining unit,

SWAT Team pay of 5% and an increase in shift differential and

working out-of-class pay on top of this wage proposal.

            The County asserts the impact of these proposals is

staggering.  The County calculated that by the end of 1996 a 48-

hour deputy would be making over $51000 per month or over $60,000

per year.  Co. Ex. 3.  For a senior master deputy at the top step,

this would equate to an overall increase of 94.7% since January

1992.  If a member was also on the SWAT Team and carried a pager,

that member would receive an additional 10% increase.  If that same

person would be eligible for the senior deputy program this would

yield a substantial longevity bonus on top of the wage increase and

premium pay.  The Arbitrator should reject the Guild's "shoot for

the moon" approach to interest arbitration.

            The County next asserts that "economic red flags are

waving" with respect to the financial health of Clark County.  The

County has been growing rapidly both in terms of population and

revenue.   The most significant factor impacting the financial

health of the County is annexation.  The City of Vancouver has

embarked on an aggressive plan to annex all unincorporated areas

within the urban growth boundary.  The annexations are in areas of

substantial retail concentration which will cause a loss in sales

tax revenue.   In addition, Vancouver announced that effective

January  1,  1997,  it will  annex a  significant part  of  the

unincorporated eastern Clark County which includes about 55,000

people.  The bottom line is that this annexation along with others

will bring an additional 50,000 people into the City.

            The impact in the County is that it will be servicing a

population of one-half the current service area with an anticipated

drop in revenues from 1996 to 1998 of about $6,000,000.

            Moreover, three other factors are also impacting the

current budgeting situation.   First,  there have been dramatic

increases in the cost of providing mandated regional services in

the area of corrections.   Second, the County is experiencing a

decline in certain special revenues.  Third, the last few years

have seen a substantial moderation in revenue growth at the County.

Given the "red flag" in terms of the current economic status of the

County, this is not the time for another substantial wage increase

for the members of this bargaining unit.

            The County next argues that the comparables support the

County's wage proposal.   The County has proposed a three-year

contract with a wage increase of 1.5% in each of the three years of

the contract.  Whether one looks at base wages or analyzes total

cost of compensation, the comparables strongly support the County's

wage offer.

            The beginning point of the County's analysis was of top

step base wages.  The average base wage of the comparables on July

1, 1995, was $3,333 per month.   If the County's 1.5% offer is

accepted, the 40-hour deputies in this unit will be paid $3,389 per

month.  Adoption of the County's offer would place the members of

this bargaining unit 1.67% above the average wage paid in the

comparable jurisdictions on January 1, 1995.

            The County recognizes that there is a problem when making

comparisons with the Oregon jurisdictions because of the PERS

pickup.   Given the uncertainty of the litigation over the PERS

pickup, the County offered alternative wage comparisons.  If the

Oregon Supreme Court upholds Ballot Measure 8,  the County's

position on the wage comparables will be 1.7% higher than displayed

in the County data.  If Ballot Measure 8 is found unconstitutional,

then the PERS pickup would have to be added to the base wages for

Marion and Clackamas Counties.  Co. Ex. 7.  If the PERS pickup is

added to base wages, Clark County would be paying right at the

average of $3,389 on the adjusted base for the seven comparable

jurisdictions.

            Moreover,  the County calculated its comparison study

based on the 40-hour deputy. However, the majority of the deputies

in this unit work a 48-hour workweek, and receive a base wage which

is 5.28% greater than used in the comparison.   As such,  the

majority of the members of this unit receive pay that is 5.28%

ahead of the comparables in terms of base wages received for 1995

on the assumption the County's proposal is adopted.

            The County next argues that base wages alone do not

provide a true picture of the generous compensation program for

Clark County deputies. The County's extraordinarily rich incentive

plan is structured in such a way that an officer cannot help but

receive a generous incentive payment if he or she attends the basic

training academy and mandatory County training. When the longevity

pay is computed the County deputies fare quite well.  At the five-

year level the County deputies are .76% below the average of the

comparable jurisdictions.   However,  when the base wage plus

longevity is  looked at  the  ten-year level,  members of  this

bargaining unit are 3.29% above the average and at the fifteen-year

level members are 7.38% above the average.  Once a deputy reaches

the twenty-year level,  the deputy is 6.30% above the average

between Clark County and the comparables.  Co. Ex. 9.

            The  County  next  offered  a  series  of  net  hourly

compensation charts  to  compare  the wages  among  the various

jurisdictions.  In computing this data, the County added the total

medical benefits, various levels of educational incentives and

total hours worked by deputies in each department.  The County

revised its Exhibits 15 through 26 to correct mathematical errors

found in the exhibits used at the hearing.   (Attachment A to

Brief).

            The net hourly compensation study prepared by the County

yielded figures that placed Clark County deputy sheriffs ahead of

their comparables by substantial amounts.  At the fifteen- and

twenty-year level of service with no educational incentive, members

of this bargaining unit were 11% ahead of the average of the seven

comparable jurisdictions.  At the fifteen- and twenty-year levels

of service with an AA degree, the percentage differential was 10%

over the comparables.  The lowest percentage level was at five

years of service with no education which placed deputies 3.07%

above the comparables.  The remainder of the service levels and

educational levels ranged from 5% to 9.5% above the comparables.

The  overall  average  of  the  net  hourly  compensation  study

demonstrates that members of this bargaining unit are 8.3% ahead of

the comparables. The County concludes this important wage analysis

strongly favors the County's proposal being adopted by this

Arbitrator.

            Turning to the Guild's wage studies, the County submits

the Guild's methodology is flawed and should be rejected.   The

Arbitrator should reject the Guild's analysis which included the

higher paying jurisdictions of Multnomah County, King County,

Pierce County and Snohomish County because these counties are

substantially larger than Clark County and are not among the

stipulated group of comparator jurisdictions.

            The County summarized its attack on the Guild's wage

study in the post-hearing brief as follows:

                        This significant change is attributable

            to six significant and fundamental flaws in

            the methodology used by the Guild in this

            proceeding:   (1) the Guild has compared 1996

            wages in the other jurisdictions with 1994

            wages in Clark County;  (2)  the Guild has

            ignored hours of work in this proceeding,

            unlike the documentation it provided during

            bargaining; (3) the Guild did not give Clark

            County appropriate credit for the incentive

            program in existence, while inappropriately

            applying  community  service  credits  from

            Clackamas County and inaccurately depicting

            Marion  County's  longevity  plan,  which  is

            actually a blended matrix; (4) an inaccurate

            figure for medical care was used;  (5)  the

            Guild included a misleading "calculation" of

            holiday pay;  and  (6)  the  Guild's use of

            employer retirement premiums inappropriately

            compounds  the  actual  differential  between

            comparables. When these factors are accounted

            for,  the Guild's own data leads to a very

            different conclusion:  the County's offer is

            supported by the comparables.

            Brieff p. 18.

 

            The  County  submits  the  cumulative  effect  of  the

fundamental flaws in the Guild's data is as follows:

 

            ADJUSTMENT BASIS                                            EFFECT

            Base year flaw                                                           6.00%

            Understatement of medical premium                        0.75%

            Improper holiday pay credit                          3.00%

            Overinclusive pension contributions             1.30%

            Cumulative effect on Guild data                               11.05%

                                                                                    Brief, p. 26.

 

            The  County  avers  the  impact  of  these  changes  is

substantial.  If the Guild's own figures, as contained in Guild

Exhibit 1-11 are changed to reflect the correct incentive and

medical payments for Clark County, and exclude holiday pay and

employer  pension  contributions,  the  wage  picture  is  quite

different.  Once the correct base year is used and the hours are

factored in, the average wage differential is only 1.1%.   The

bottom line is Clark County is 5% ahead of the comparables, even

without consideration of net hours.   The County submits it is

fairly paying its deputies and that no catch-up wage adjustment is

required.  The wage data offered by the County establishes that the

members of this unit are over the market among the stipulated

comparables.

            Regarding the changes in consumer prices,  the Guild

completely ignored this statutory factor.  Whether the Arbitrator

uses a CPI-W or the CPI-U Index, inflation has been running at less

than 3%.  These averages have been hovering between 2.5% and 3% for

the last couple of years and are both currently at 2.5%.  At the

time the parties would have otherwise reached agreement for the

1995 wage agreement, the indexes were increasing at a 2.9% rate.

Given that the CPI overstates inflation by 1% to 1.5%, the actual

increase in consumer prices is only 1% to 2%.  The County submits

its wage offer of 1.5% is supported by the change in consumer

prices as reflected by the CPI.

            The County next argues that deputy sheriffs have fared

well when compared to other County employees.  Co. Ex. 4.  If the

County's proposal of 1.5% a year is awarded for the years 1995

through 1997, Guild members will have received an increase from

1992 to 1997 which is 6% higher than the next highest group of

County employees.  The difference is even greater for the bulk of

County employees with the Guild having received total annual

increases of 29.3% as compared with 22% for most other employees.

The County conceded that it agreed to a 3% annual increase for the

Joint Labor Coalition during the three-year term of that agreement.

However, the County received significant benefits and concessions

as a result of the bargaining process.  Given the 3% wage increase

was part of a balanced package, the County was able to agree that

a 3% wage increase was appropriate for employees covered by the

Joint Labor Coalition agreement.  The Guild and the County were

unable to agree to many of the very same concessions that became a

part of the Joint Labor Coalition contract.

            The County also finds support for its proposal from the

wage increases received by comparable employees.   The average

increase for 1995 was 2.76%.   Co. Ex. 27.   In addition, wage

increases being paid in the comparables for 1995 are in the 2.5% to

3% category.  Three of the four increases are not known because

they are CPI driven.  Given the increases in the CPI, it is likely

that those jurisdictions will receive increases in the 2.5% to 3%

range.  If the Arbitrator considers the context of the 8.5% this

group of employees received in 1994, the County's wage proposal is

entirely appropriate.

            The County next pointed to the four items under the

miscellaneous other factors category of the statute.   First,

turnover in the Clark County Sheriff's Department is virtually non

existent.   Only one deputy has voluntarily left the Department

since 1992.   The low turnover rate reveals the wage level is

sufficiently competitive to attract and retain qualified officers.

Second, the Arbitrator should reject the evidence offered

by the Guild on the local labor market.  The County produced an

exhibit portraying the wage relationship between metropolitan

jurisdictions similar to the size of Vancouver and the county that

jurisdiction is in.  In each case, the County wages are about 5% to

10% behind the wages paid to city police officers.  The County

evidence established the differential is nothing more than a

standard city-county differential which will be continued with the

adoption of the County's offer.

            Third,  the Guild suggested that since Clark County

Sheriff's Department is accredited that deputies should be paid

more than the average of the comparables. According to the County,

accreditation measures the Department's established procedures and

standards set forth by the accreditation agency.   There is no

reason to consider accreditation as a factor at all relevant to

establishing pay  levels  or  a basis  for determining a wage

adjustment.

            Fourth, the Guild witnesses suggested the number of calls

the County has been responding to have increased faster than the

number of deputies employed.   In the view of the County, this

increase in the number. of calls does not in any way merit an

extraordinary wage increase sought by the Guild.  The Guild failed

to put on any evidence establishing that deputies in Clark County

are working harder than deputies in the comparables.

            Turning to the Guild's proposal for SWAT Team pay and

pager pay premiums, the County asserts these proposals should be

rejected.  Only two of the comparable jurisdictions pay a SWAT Team

premium.  Even those premiums are lower than the 5% sought by the

Guild.  SWAT Team members already receive a substantial amount of

money for their participation on the SWAT Team due to the fact that

training is often conducted when the deputies are on off-duty time

and are paid the minimum callback at the premium rate.  The number

of SWAT Team incidents does not require premium pay.  In 1995 there

were only five incidents and in 1994 there were eight incidents.

The facts simply do not warrant a 5% premium for SWAT Team members.

            The pager pay proposal should also be rejected by the

Arbitrator because it is a thinly disguised mechanism for getting

premium pay to detectives.  The evidence reflected that 52 members

of the Guild bargaining unit carry pagers.   This includes all

members of the SWAT Team, hostage negotiators, DARE officers,

marine patrol, etc.  The concept of paying all 52 of these deputies

a 5% premium pay merely because they carry a pager is wholly

unfounded and unjustified. Deputies with pagers are not restricted

in any way in their off-duty activities.  None of the comparable

jurisdictions has pager pay.  The proposal should be rejected by

the Arbitrator.

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

master deputy program should be rejected because it is yet another

mechanism for ratcheting up the longevity component of an already

rich incentive program.   While the incentive program is not

literally tied to longevity, as a practical matter the County's

incentive program is in fact driven by years with the Department.

Because the training component allows incentive credits to be

earned by simply attending the training which is required for all

employees, the incentive flows through to the deputies based on

years of service.

            Seven of the eight comparables do not have a senior

deputy program.  There is nothing in the evidence to support the

creation of such a program for Clark County.  Adoption of the

master deputy program would result  in a  substantial  salary

compression within the bargaining unit  The 5% pay differential

between a patrol deputy and a sergeant as the result of the program

is wholly inequitable and not supportable on the record of this

case.  The proposal should be rejected.

            The County proposed the deletion of the current shift

differential of 30 cents on the swing shift and 40 cents on the

graveyard shift. Among the comparables, only Kitsap County has had

a shift differential.  Effective January 1, 1995, Kitsap County

discontinued shift differential pay.  According to the County, it

has had no problem getting deputies to choose swing and graveyard

shifts.  The County spends approximately $40,000 per year on shift

differential.    The Guild's  proposal  should be  rejected  as

unnecessary and would result in increasing an already unacceptable

cost for shift differential.

            Each party made a proposal to amend Article 11.4 on the

working out-of-classification pay.  The County proposed that the

premium would be paid for a full shift worked in the higher

position.  The County submits this is in line with the threshold

for working out-of-class premium to a level more closely aligned

with the comparables.

            The Guild has proposed that out-of-class pay be awarded

any time the deputy performs the duties of a higher ranking

position, even if that occurs for only five or ten minutes.

Covering for a sergeant for an hour at the end of a shift is hardly

tantamount to being responsible for the full range of functions

performed by a sergeant.  In addition, the opportunities to work in

a higher classification provides valuable training and professional

growth opportunities that enhance the employee's likelihood of

eventual promotion.   The Arbitrator should reject the Guild's

proposal and accept the County's proposal as consistent with the

comparables and as being operationally sound.

            The County also asks the Arbitrator to dismiss the

Guild's officer-in-charge proposal because it requires the County

to appoint an officer-in-charge at certain times and circumstances.

The decision as to the advisability and necessity of replacing

absent employees should rest with management. The Guild's proposal

simply does not make operational sense in light of the needs of the

Sheriff's Office to staff its personnel in such a manner as to

provide the most efficient and effective law enforcement service.

The Guild's officer-in-charge proposal should be rejected.

            The Guild has proposed to change the method by which wage

retroactivity is applied.   The current contract provides that

deputies who have retired prior to the effective date of the

Agreement shall receive a retroactive adjustment only for the

"minimum period  of  time  necessary  to  guarantee  the  higher

retirement benefits."  The Guild has proposed amending the clause

so that retired employees would receive a retroactive wage increase

for the entire period of time covered by the wage increase.  The

County reasons that the Guild has proposed a windfall for retired

members.  The current arrangement is a reasonable deal which should

be continued into the successor Agreement.

            The County proposed to add language to Article 11 which

seeks to ensure that deputies will be paid only for the time they

work unless specifically provided for in the Agreement, such as

callback premiums, paid leave, etc.  Without this language, the

County asserts the Agreement could be construed to require Guild

employees,  who are currently salaried,  with pay to continue

regardless of the deputy's duty status.  The County's proposal is

reasonable and should be adopted.

 

            D.        Discussion and findings

 

            The Arbitrator finds after review of the evidence and

argument, as applied to the statutory criteria, that a 3% increase,

effective January 1, 1995, on the existing salary schedule is

justified for 1995.   Further,  an additional increase of 3%,

effective January 1, 1996, is warranted.  The Arbitrator will be

ordering the implementation of a three-year contract per the

discussion found in Issue 7.  The Arbitrator finds for the third

year of the contract, effective January 1, 1997, that the existing

salary schedule shall be adjusted by 4%.  The adoption of a 3%

increase will move the top step pay of a 40-hour deputy to $3,437

per month effective January 1, 1995.  The top pay for a 40-hour

deputy will be increased to $3,682 per month in the third year of

the contract.  The top pay for a 48-hour deputy will go to $3,618

per month on January 1, 1995, and $3,727 per month effective

January 1, 1996.  The reasoning of the Arbitrator--as guided by the

statutory criteria--is set forth in the discussion which follows.

 

                        Constitutional and Statutory Authority of the Employer

 

            Regarding the factor of constitutional and statutory

authority of the employer, no issues were raised with respect to

this factor.

 

                                    Stipulations of the Parties

 

            Regarding the stipulations of the parties, it was agreed

that four Washington counties and three Oregon counties would serve

as the comparables for this interest arbitration proceeding.  The

seven counties are a reasonable and appropriate group with which to

measure and assist in defining the wages and working conditions for

this bargaining unit.   Given the stipulation,  the Arbitrator

rejects the Guild's attempts to justify its proposals based on

jurisdictions outside of the stipulation.

 

                                                Comparability

 

            The stipulation as to the seven jurisdictions with which

to compare Clark County for the purpose of determining compensation

and working conditions is a credit to the parties.  However, what

normally would have been a relatively easy task of reviewing the

wages and other compensation paid in the comparable jurisdictions

was complicated by the different methodology employed by the

parties to measure total net hourly compensation.   Each party

vigorously asserted the methodology employed by the other side was

flawed and should be rejected.

            The Guild asserts the County has plainly understated

total compensation in the comparator group.  The County countered

the Guild's wage comparison data substantially minimized the net

hourly compensation paid to Guild members.   If the Guild had

accurately accounted for such factors as hours of work,  the

incentive program, holiday pay, medical insurance, etc., the County

submits a very different picture of comparability emerges.

            Moreover, the creation of accurate comparability data is

complicated by three primary factors.  First, the paid days off

system used in Clark County is unique among the comparators.

Second, the retirement system in Oregon (PERS) is different from

the Washington system. The retirement issue is further complicated

by the ballot measure in Oregon which would end the PERS pickup and

the pending litigation challenging the constitutionality of the

ballot measure.  Third, over 50% of the members of this unit work

the 4/12 schedule which materially increases the deputy base pay.

The parties agreed in the previous contract that the value of the

extra 8 hours should be set at 5.28% of the base deputy pay.

            This Arbitrator has previously noted in other arbitration

awards that preparation and evaluation of compensation studies is

not an exact science.  The instant case demonstrates the validity

of this point.  The unique nature of the paid days off system in

Clark County inherently creates a problem in making accurate

comparisons.   It is the opinion of this Arbitrator the parties

would be better served by narrowing their differences on the

appropriate methodology to be utilized to compare total wages and

benefits.

            The Arbitrator has carefully examined the wage comparison

studies developed by the parties.   On the whole,  I find the

County's approach presents a better picture of the overall level of

compensation paid to deputies in the comparator groups with Clark

County.  While County's methodology is not perfect, it properly

takes into account the hours of work and incentive programs.  The

Guild's failure to give credit to the paid days off program is

unacceptable.  The weakness in the County's exhibits is that they

do not reflect salary increases granted on July 1, 1995, for the

three Oregon counties.  Nor do the exhibits include wage increases

for deputies in the Washington counties over the term of the

proposed three-year Agreement.

            Based on its wage studies, the Guild concluded that its

members were currently 5.9% behind, and would be 8.4% behind the

adjusted wage at the completion of the two-year contract.  Guild

Ex. 1-5.   Further, the Guild reasoned Guild members were 8.4%

behind the adjusted wage as of the date of the arbitration and

would be 10.2% behind at  the end of  the proposed two-year

Agreement.  The Arbitrator finds the Guild's conclusions overstate

the disparity in total compensation between Clark County and the

comparators.  The County's data proved members of this unit enjoy

a competitive and reasonable total compensation package.

            The adoption of the 3% wage increase effective January 1,

1995, will set the top step base wage at $3,437 or $104 above the

average of the seven comparators. At the beginning of the contract

term on January 1, 1995, the base wage for Clark County deputy

sheriffs will be in a virtual tie with the two top paying counties

of Kitsap and Marion.   Even with mid-year adjustments for the

Oregon  counties,  Clark County will maintain its competitive

position in the rankings.

            The Guild projected wages to December 31, 1996.  Guild

Ex. 1-5.  The Guild exhibit reflects an average top step wage as of

December 31, 1996, of $3,535 per month and an adjusted wage of

$3,616.  The implementation of a 3% increase effective January 1,

1996, will set the top step base wage for Clark County at $3,540

per month or $5 above the average wage.  Even using the Guild's

adjusted  wage,  Clark  County  deputies  would  be  comfortably

positioned in the middle of the comparator group.  It should be

noted that the Guild's own figures projected 1996 wage increases in

the 3% range for the comparator group.  The 3% award for each of

the first two years of the contract is consistent with actual and

projected improvements in the wage levels of the comparator group.

            The Arbitrator was persuaded that a 4% increase effective

January 1, 1997, is necessary and appropriate to maintain Clark

County's competitive position among the comparator group.  The top

step for a 40-hour deputy would rise to $3,682.  Adoption of the

County's i.5% per year increase for three years would certainly

cause a deterioration in the total compensation package paid to the

members of this group.  The Arbitrator holds there is absolutely no

justification for adoption of a three-year package that would drive

the wages paid to the members of this unit to the bottom end of the

comparator group.

            The Arbitrator has made no attempt to reconcile the

parties' divergent total compensation wage studies or to apply the

3% award to the wage studies offered by the parties.   In the

judgment of this Arbitrator, the three-year increase of 10% over

the term of the 1995-97 contract will flow through to the total

compensation analysis performed by the County necessary to maintain

a reasonable and competitive compensation package through December

31, 1997.  The three-year adjustment awarded by this Arbitrator is

consistent with both the internal and external comparators and the

increase in the cost of living as measured by the CPI.

            In  reaching  a  conclusion  on  the wage  issue,  the

Arbitrator was mindful of the additional pay members of this unit

earn under the incentive plan.   The Arbitrator rejected the

County's proposal to drastically change the incentive plan.  The

continuation of a generous incentive plan will provide additional

dollars for the members of this unit.

 

                                    Cost of Living

 

            Turning to the factor of cost of living, the evidence

overwhelmingly supports a wage settlement closer to the County's

offer.  The cost of living standard provides absolutely no support

for the Guild's proposed wage increase exceeding 15% over the

duration of a two-year contract.   In fact, the cost of living

factor argues strongly against the Guild's proposal.

            The national CPI-W and CPI-U has been running between

2.5% and 3% for the past couple of years.  The Portland area CPI-W

and CPI-U figures are at about 3%.   Further,  the 23.9% wage

increase the members of this unit received during the life of the

1992-94.  Collective Bargaining Agreement clearly protected them from

any loss  of purchasing power due  to inflation.   Thus,  the

Arbitrator must hold that a substantial wage increase over the

recorded CPI figures is unnecessary to keep pace with the cost of

living.

            If the evidence on comparables demonstrated Clark County

was paying a substandard level of compensation,  then the CPI

figures would assume a smaller role in establishing the overall

compensation package.   However, as previously discussed in the

comparability section of this Award, members of this bargaining

unit enjoy a competitive and generous total compensation package.

            In sum, the 3%, 3% and 4% wage increases awarded over the

term of the 1995-97 contract by the Arbitrator are consistent with

past and projected increases in the cost of living.

 

Changes in Circumstances During the Pendency of the Proceedings

 

            The only relevant change in circumstances is the salary

increases enjoyed by deputies in the comparable counties. As noted

in the comparability discussion, wage increases for 1995 were

running in the 3% to 4% range.  For 1996, negotiated increases and

CPI driven wage adjustments will be in the area of 3%.

 

                                    Other Factors

 

            The single most important "other factor" relevant to this

case is internal comparability.  The County agreed to a 3% annual

increase for the Joint Labor Coalition during the term of their

three-year contract. The Joint Labor Coalition contract covers the

majority of County employees.  While the focus of this case is to

decide the appropriate compensation level for deputy sheriffs; the

Arbitrator cannot totally ignore internal comparability.   In

crafting an Award for the members of this bargaining unit, the

Arbitrator must avoid a result that is out of touch with other

County wage settlements.

            The Guild's proposal to increase base wages by over 15%

in two years was not supported by compelling evidence to justify an

increase of this magnitude.   On the other hand,  the Guild's

evidence on overall compensation did show that the increases for

its members need not be identical to that of the Joint Labor

Coalition  contract.    The Guild  is  a  separate  and distinct

bargaining unit with its own needs and issues unique to law

enforcement.

            The lack of turnover in this unit also reflects a

compensation package that is sufficiently competitive to attract

and retain qualified deputies.

            The County did not make a straightforward inability to

pay argument.  Instead, the County asserted the "economic red flags

are waiving."  The impact of the City of Vancouver's aggressive

annexation plan on County services and revenue was a primary

concern of the County.  In addition, the County sees a substantial

moderation in its revenue growth over the next few years.   The

Arbitrator concurs with the Guild that the County's evidence did

not establish an inability to pay defense.

            The Arbitrator accepts the County's argument that this

County is in a period of rapid transition and should operate with

caution concerning wage settlements.  Given the absence of hard

evidence to support the substantial wage increase sought by the

Guild, the Arbitrator holds it would be inappropriate to grant the

15% plus increase proposed by the Guild over the term of a two-year

Agreement.

 

                                    Wage Retroactivity

 

            The Guild proposal to amend Article 11.1.7 to grant full

retroactivity for retired members is without merit.   Current

contract language provides retroactivity for the "minimum period of

time to guarantee the higher retirement benefits."  This language

strikes an appropriate balance on the issue for retirees.

 

                                                Shift Differential

 

            The Guild proposed to increase the shift differential by

20 cents per hour.  The County proposed to delete the 30 cents per

hour premium for the swing shift and the 40 cents per hour

differential for the graveyard shift. The Arbitrator finds neither

party made a convincing case to change current contract language.

            The total compensation package for members of this

bargaining unit argues against a shift differential similar to that

found in the Joint Labor Coalition contract.  While comparability

supports the County's position, the Arbitrator was not persuaded

sufficient reasons exist to remove the shift differential premium

from Article 11.3.

 

                        Working Out-of-Classification Premium Pay

 

            Article 11.4 grants premium pay when a member works in a

higher classification for one-half shift.  Both parties proposed

changes to this section.  The Guild proposed to require premium pay

whenever a member worked the higher classification.  The County

countered with a proposal to increase the time worked to one. shift

before premium pay was due.

            The Arbitrator finds the Guild's position to be excessive

and unworkable.  The Arbitrator concurs with the County that a

brief period of performance in a higher position should not warrant

extra compensation.  Filling in for a sergeant for a brief period

does not require a deputy to perform the full range of a sergeant's

duties.   It is often true that lines of division between work

classifications are not sharply defined and working the higher job

for brief periods of time does not justify premium pay.

            The County's proposal to increase the time necessary to

qualify for premium pay to a full shift is reasonable.  Where an

employee  is  assigned  to  work  a  full  shift  in  a  higher

classification, the lines of demarcation between the two jobs are

clearly defined.  Operationally, the assignment to a full shift

expressly places the employee in the higher rated job for a

measurable period of time.

            Moreover, the working out-of-classification threshold of

one shift is the standard in the comparator group.  Therefore, the

Arbitrator concludes the County's proposal should be adopted.

            The Guild also proposed to add a new sentence to Article

11.4.1  that when no sergeant is on duty the "senior deputy on duty"

shall be appointed the officer-in-charge.   For the reasons set

forth in the discussion of the "senior deputy" program,  this

language should not be added to Article 11.4.1.

 

                                    Senior Deputy Pay

 

            The Guild proposed the addition of new language to

Article 11 which would create a senior deputy program. Pursuant to

the Guild's offer, a deputy completing ten years of service and the

required training would automatically be designated as a senior

deputy.  Senior deputies would be eligible for premium pay ranging

from 2.5% to 10%, depending on the length of service.  The County

opposes. the creation of a senior deputy program because it sees the

proposal as a method of "ratcheting up the longevity component of

an already rich incentive program."

            Based on the evidence presented, the Arbitrator concludes

the Guild failed to demonstrate any substantial need for an

intermediate level of supervision in the Sheriff's Office.  Thus,

the Arbitrator was not persuaded to add a senior deputy program,

which in essence, would provide additional premium pay for veteran

employees.

 

                        SWAT Team and Payer Pay Premiums

 

            The Guild proposed a 5% premium for each shift a deputy

is assigned to the SWAT Team.  Further, deputies required to carry

a pager would receive a 5% premium.  If a deputy was assigned to

the SWAT Team and required to carry a pager, the premium would be

10% pursuant to the Guild's language set forth in Article 11.4.2.

            Regarding the SWAT Team pay, the Arbitrator finds the 5%

premium unwarranted and unnecessary. SWAT Team members were called

out five times in 1995 and eight times in 1994.  If a SWAT Team

member is called back to work for an incident, each member receives

the minimum callback pay at time and one-half.  If a SWAT Team

member is called back for training outside of their regular shift,

the same callback and overtime premiums apply.

            Turning to the issue of pager pay, there is even less

justification for this 5% premium than for the SWAT Team premium.

Deputies who carry a pager are not restricted in their off-duty

activities.  None of the comparables have a pager pay provision.

            The Guild's main argument for this premium was that

detectives normally carry a pager.  A detective works a 40-hour

week and thereby earns less than a road deputy who works a 48-hour

week.  The longer workweek generates an additional 5.28% in pay.

According to the Guild,  this disparity has created animosity

between detective assignments and patrol deputies.  The Guild also

argued the lower pay reduces the incentive for members to move into

specialty positions.

            The Arbitrator finds the pager pay proposal should not

become a part of the contract for two main reasons.  First, the

Guild's proposal does not limit the premium to detectives who are

required to carry a pager.  Any employee who carried a pager would

qualify for the 5% premium.  Second, if the detectives are under

compensated for their work, a pay increase should be justified on

the basis of the merits of detective work.  The Arbitrator rejects

the back door approach to securing additional pay for detectives by

means of pager pay.

 

                                    Pay for Time Worked

 

            The County submitted a new Article 11.8 which would

purport to ensure deputies are paid consistent with the Agreement.

According to the County, deputies should be paid only for time they

work or when using an established paid leave program.  The County

reasoned that "salaried" deputies might assert their pay should be

continued regardless of their work status.

            The County produced no evidence there was a problem that

needed fixing.  No past practices or provisions of the contract

were cited by County as arguably requiring that it pay for time not

worked.   The hours and days of work are established by other

provisions.  When paid time off is due, the contract expressly

denotes when  it  is permitted and paid for by  the  County.

Therefore, the Arbitrator rejects the County's proposal to add

Article 11.8 to the successor Agreement.

            The County's proposals for Articles 11.2.2 and 11.7 will

be discussed in Issue 4.  In Issue 4, the Arbitrator awarded the

County's proposal to amend Section 11.2.2 in order to pay all

personnel on an hourly basis.  The Arbitrator ordered this switch

from monthly to an hourly pay basis to be effective January 1,

1997.

 

                                                AWARD

 

            The Arbitrator awards that Article 11 be modified as

follows:

 

            11.1     Salary Schedule Increases

 

            11.1.1  Effective January 1, i995, the salary

            schedule shall be adjusted by 3%.

 

            11.1.2  Effective January 1, 1996, the salary

            schedule shall be adjusted by 3%.

 

            11.1.3  Effective January 1, 1997, the salary

            schedule shall be adjusted by 4%.

 

            11.2     Other Salary Adjustments

 

            11.2.1  Forty-eight (48) hour personnel shall

            be paid an adjustment of  5.28%  effective

            January 1, 1995, and January 1, 1996.

 

            11.4     Any regular full-time employee who is

            assigned to perform substantially all  the

            duties of a budgeted position in a higher

            classification for one shift or more shall be

            paid according to the promotional formula in

            Section  11.5.1  for  the  duration  of  the

            assignment.

 

            Except as agreed to by the parties, the remainder of

Article 11 shall remain unchanged.  The issues concerning Section

11.2.2 and Section 11.7 (Currently Section 3.5) will be discussed

in Issue 4, Pay period/Method of Pay.

 

                        ISSUE 2 - PAID DAYS OFF/HOLIDAYS

 

A.        Background

 

            Article 7 is entitled "Paid Days Off."  pursuant to this

Agreement each employee is granted a number of paid days off to be

used during the year for vacation, illness, holidays or personal

business time off. Maternity, bereavement, military leave and sick

leave are covered by other provisions of the Agreement.  The PDO

system consolidates multiple leave programs into a single account

which provides a specified number of PDO time each year.  The PDO

system replaces the more conventual vacation and holiday benefits,

and a portion of the sick leave system, that is commonly found in

other law enforcement departments.  Article 7.2 established a two-

tier system..  The two-tier system was placed in the Collective

Bargaining Agreement in the mid-19805  The lower tier was created

and applied only to new employees hired after January 1, 1985.

Employees employed before January 1, 1985, earned a higher level of

PDO system.   The Guild proposed to delete the lower tier for

deputies employed after January 1, 1985, and to amend the upper

tier by adding a twenty-five year accrual rate.  The Guild would

also increase the number of PDO hours that may be accrued.  The

County would continue current contract language as amended by the

parties.

            During the course of negotiations and this arbitration

the parties were able to resolve the holiday issue covered by

Article 7.4  The parties also reached an agreement on Article 7.7

The issues left for the Arbitrator center on the Guild's proposals

to change Article 7.2 and Article 7.3.

 

            B.        The Guild

 

            The Guild begins by noting that the PDO system was

established to create an incentive for employees to reduce their

sick leave.  Under Article 8.5 any sick leave which requires a

leave of two full working days or less shall be charged to the PDO

account.  A leave beyond the second full day shall be charged to

the employee's sick leave account.  The evidence reflects that the

system has worked to create an incentive for employees to reduce

their unplanned absences.  According to the Guild, the system has

clearly worked in that the number of unpaid absences has been

severely reduced.   Because employee attendance has become more

reliable, the Sheriff's staffing and overtime problems have been

minimized.

            At the time the two-tier system was adopted no one in the

bargaining unit was affected since all employees were pre-January

1, 1985.  With the hiring of new employees after January 1, 1985,

and the retirement of pre-1985 employees,  the bargaining unit

eventually reached the point where the new employees outnumbered

the pre-1985 employees.  The Guild submits that a higher level of

dissatisfaction has developed because the pre-January 1, 1985,

deputies  earn more PDO time than  the post-January 1,  1985,

employees who are now in the majority.  The Guild's solution to

this growing dissatisfaction and accompanying morale problem is to

restore the pre-January 1, 1985, status quo by eliminating the

lower tier.  In the view of the Guild, the schedule is consistent

with the stipulated comparable jurisdictions.  A review of Exhibit

G-2-3 reveals that at every five-year interval deputies in this

unit are substantially below the combined vacation/sick leave and

holiday time granted to comparable jurisdictions.  The Guild noted

that the County in preparation of. its economic exhibits chose to

utilize the higher tier, even though over half the employees are in

the lower PDO tier.  The County did not factor in the savings they

realized by having the two-tiered system.

            The Guild points to Exhibits G-2-3 and G-2-4 to establish

that the post-January 1, 1985, deputies are substantially behind

their counterparts in paid time off.  Even if the 48 hours of sick

leave deputies receive each year are added in they still would be

20 hours behind at ten years, 47 hours behind at fifteen years and

20 hours behind at twenty years. However, the Guild argues that it

is inappropriate to add in sick leave because it is not available

for usage unless someone has a substantial illness. Therefore, the

Guild concludes that some relief is required for the post-January

1, 1985, deputies.

            The Guild proposed to add a new twenty-five year accrual

rate to the first tier.  A review of Exhibit G-2-3 establishes that

pre-January 1, 1985, deputies are substantially behind at twenty

years among the comparable jurisdictions.  The Guild's proposal to

add a twenty-five year step merely brings them in line with their

comparables  at twenty-five years.   Since few law enforcement

employees work twenty-five years or more, the twenty-five year step

is not going to be a substantial economic hardship on the County.

            The Guild also proposed to increase the maximum amount of

accumulation from 1.25 times the annual rate to 2 times the rate

and that employees be paid rather than lose paid days off.  From

the viewpoint of  the Guild,  there are employees within the

bargaining unit who are not able to go on paid leave status.  By

eliminating the amount of paid days off that can be accumulated,

the employee is placed in the situation where if they suffer from

repeat illnesses of a short duration, they will end up spending all

of their paid days for that without the ability to save up for

further protection.  The rate of 1.25 times the annual accumulation

rate is substantially below that of the comparable jurisdictions.

The average of the maximum rates of accumulation is approximately

1.58 times the annual rate.  Clark County's accumulation rate is

substantially behind and therefore it is appropriate to award the

Guild's proposal.

 

            C.        The County

 

            The County takes the position that the Guild's proposal

to eliminate the post-January 1, 1985, tier should be rejected. In

the mid-19805 the parties agreed on a two-tiered system.   The

deputies who came to work with the County accepted this second tier

will full knowledge of the PDO benefit available to them.  The two-

tier system has been in place for ten years and should be

continued.  In addition, Guild members separately accrue six days

of sick leave which is available when a Guild member is absent for

three days or more due to illness.

            In order to make an apples-to-apples comparison of PDO

plans with conventional vacation, holiday and sick leave programs,

it is necessary to add together vested leaves such as vacation and

holiday pay to the calculation.  Using that method of comparison

the total paid vacation days and holidays each year grants Guild

deputies substantially more days off of vacation and holiday leave

than their counterparts.

            Regarding  the  Guild's  attempt  to  play  down  the

substantial differential by focusing on the fact that Guild members

use some PDO time for sick leave, while comparable jurisdictions do

not, the County suggests this method of calculation is erroneous.

Creation of the PDO system was accomplished by moving six days of

the sick leave into the new PDO account.  The rest of the sick

leave became available for any use.  The gain to employees became

six days per year, less any PDO time used for sick days.   The

remaining six days or 48 hours continues to accrue for conventional

sick leave use.  In other jurisdictions, sick leave time can only

be used for sick leave.  The Guild's combination of vacation and

sick leave blends a restricted use leave with traditional vested

vacation type of leave.  This is an apples-to-oranges comparison

which should not be accepted by the Arbitrator.

            The County calculated that the accruals compare very

favorably with the comparables.  At all levels deputies in the

lower tier have more days off than their counterparts.  For those

deputies in the upper tier; they are with one exception better off

than any of their counterparts.

            Moreover, the County's position is further buttressed by

an examination of the number of days off enjoyed by employees

working patrol who are in the upper tier.  Because of the 12 hour

schedule, a ten-year employee has 7 calendar weeks off per year.

At fifteen years, the patrol deputy has 7.6 weeks off per year. By

twenty years, the patrol deputy is off 8.2 weeks per year.  A

twenty-five year patrol deputy has 8.8 weeks off per year.  Co. Ex.

47.  This exhibit makes it patently clear why the County bargained

for and achieved the gradual phase out of the top tier.   The

Guild's belated effort to resurrect that tier should be rejected by

the Arbitrator.

            The County asserts the Guild's data is misleading because

it includes all vacation, sick leave and holiday time for the

comparables.  However, for Clark County, the Guild excluded the 48

hours of sick leave earned by deputies because the restrictions on

its use are misleading.   The bottom line is that all Guild

employees, regardless of the tier they are on, enjoy a substantial

amount of time off.  The Guild's proposal to have the Arbitrator

undue the 1985 Agreement should be rejected.

            Present contract language permits accrual of PDO time to

a maximum of 1.25 times the employee's current annual accrual rate.

The Guild's proposal to raise the cap to 2 times the employee's

accrual rate should not be adopted by the Arbitrator.  The proposal

is not supported by the comparables or the circumstances in Clark

County.   Clark County deputies already accrue more time than

deputies in the comparable jurisdictions.  Co. Ex. 50.  There is no

reason for the Arbitrator to change the status quo.  It is also the

position of the County that the Arbitrator should reject the

Guild's proposal to require the County to pay for all paid days off

in excess of the maximum accrual ceiling.  The County has already

agreed to a limited and restricted PDO sell-back program because it

wants to ensure that deputies actually use their PDO for time off.

There is no need to add a new means for cashing out deputies at the

maximum accrual rate.  The one example cited by the Guild occurred

in the late 1980s and there is no evidence that the situation has

been repeated.

            In sum, the Arbitrator should continue current contract

language except as agreed to by the parties in the negotiations.

 

            D.        Discussion and Findings

 

            The Arbitrator finds the Guild's proposal to eliminate

the lower tier should not be included in the 1995-97 contract.

Once again the Guild fails to give credit for the 48 hours of sick

leave members of this unit earn under this contract.  The sick

leave benefit cannot be ignored simply because there are some

restrictions on its use.  The sick leave benefit is part of the

contract which members utilize when they are sick.  The evidence

reflects members used approximately 3,000 hours of sick leave from

January 1994 through August 1995.  In addition, members used 3,500

hours of PDO time for sick leave purposes.

            Moreover, patrol deputies working the 12 hour schedule--

in the upper tier--at ten years have 7 weeks off per year.  At

fifteen years the employee has 7.6 weeks off per year.  By twenty

years the amount of time off increases to 8.2 weeks per year.  The

phasing out of the upper tier is understandable in light of the

significant amount of time a deputy is not available for work.

The two-tiered system went into the contract in 1985.

The evidence proved the PDO system generates substantial paid and

unpaid time off from work.   Based on the record before this

Arbitrator, the deletion of the two-tier system is not justified at

the  present  time.    As  the  pre-1985  deputies  leave  County

employment, modification of the two-tier system during the next

round of bargaining maybe appropriate.

            In reaching the conclusion to retain the two-tiered

system,  the Arbitrator took into account that in Issue 5,  I

rejected a County proposal to change the length of the work day to

an 11.5 hour day.  Thus, the amount of time off for patrol deputies

will remain undisturbed through December 1997.

            The Guild's proposal to increase the accumulative rate

from 1.25 to 2 times the deputy's annual accrual rate is excessive

and unsupported by the record. County Exhibit 50 demonstrates that

the accumulation rate for vacation time already compares favorably

with the seven other jurisdictions.  The PDO system applies to more

days than the pure vacation systems contained in the contracts of

the comparables.

            The need for the Guild's proposal to require the County

to pay employees for all paid days off in excess of the maximum

accrual ceiling was not substantiated.

 

                                                AWARD

 

            The Arbitrator awards that Article 7 shall continue

unchanged except where the parties have reached agreement to modify

the language.

 

                                    ISSUE 3 - INCENTIVE PLAN

 

A.        Background

 

            Article 12 of the Collective Bargaining Agreement refers

to an incentive plan.  During the 1992 contract negotiations the

parties attempted to reach agreement on a change in the incentive

plan found in Article 12.  The parties were unable to reach

agreement on a new incentive plan.  The parties agreed to submit

the incentive plan to last-best offer arbitration.   The Guild

prevailed in that arbitration proceeding.  On August 17, 1993,

arbitrator Eric Lindauer issued an award that established the

incentive plan for the 1992-94 contract.  The Guild proposed to

incorporate the Lindauer award into the Collective Bargaining

Agreement.  The County proposed a substantial modification of the

current incentive plan.

 

            B.        The County

 

            The County set two primary goals for proposing a change

to the incentive program.  First, the County seeks to establish a

program that actually creates an incentive for bargaining unit

members to get additional education.  Second, the County believes

it is necessary to establish a program that is comparable in its

payouts and eligibility criteria to those of the comparable

jurisdictions.  According to the County, the incentive program now

in place is essentially a disguised form of longevity pay.  While

the current program rewards training, longevity and education, the

County argues that the present system does not serve as an

incentive to secure additional education because the rewards accrue

automatically based on longevity and mandatory training.

            The County believes it is inappropriate to have an

incentive program in which the incentive can be earned by simply

attending mandatory and required training classes.  The County

believes its proposal encourages all employees to get additional

education.  If an employee does not obtain an AA degree or the

equivalent, that employee would never be able to attain the 10%

premium.  An employee with five years experience would be able to

receive a 5% premium for a BA degree or equivalent and a 10%

premium by the fifteenth year.   In essence,  the County would

reserve  the  10%  premium to  employees with a BA degree  or

equivalent.

            The County seeks to eliminate financial recognition for

attending internal training and change the threshold qualifiers to

more in keeping with what it asserts are the external norms.  The

County argues that the system needs an overhaul because the

training/longevity component overwhelms the educational component.

The result is the current incentive program is not working as a

means for encouraging deputies to take college classes.  Thus, the

County submits the incentive system needs a complete revision.

            The County next argues that the current incentive program

is far and away the richest of any incentive program among the

comparables.  From the viewpoint of the County, the Clark County

deputy sheriffs have a program which pays more and requires less

than in the comparable jurisdictions.  Since the current program is

too far removed from even the most generous law enforcement

incentive plans, it should be replaced.

            The County displayed the maximum incentive that could be

attained in the comparators as follows:

 

            Comparables                          Maximum

            Kitsap                                     2 .2%

            Spokane                                  9.0%

            Thurston                                 5.5%

            Yakima                                   4.0%

            Clackamas                              9.9%

            Marion                                    9.5%

            Washington* *                       12 .5%

 

            AVERAGE                             7.5%

                                                Co. Ex. 54

 

            The exhibit also reveals that for an employee to attain

the maximum incentive they must hold bachelors or MA degrees in

those counties.  In contrast, a Clark County deputy with a BA can

receive a 10% incentive in just six years.

            The County is not seeking to create an average plan but

one that will still remain the "richest" of all the plans in place

among the comparable employers.  Nor does the County propose to

take away any current deputy's incentive pay because it has

provided a "grandfather" provision in the plan to ensure a smooth

transition into the new incentive program. The County submits this

will guarantee deputy sheriffs do not actually lose money while the

transition into the new program is completed.

            Regarding the Lindauer award, the County argues that its

proposal was rejected because the arbitrator in that case found

several technical and substantive problems with the County's plan.

According to the County, it has cured the "warts" of the plan that

arbitrator Lindauer rejected in 1993.  The County concludes that

the time has come to create a new plan which actually encourages

deputies to achieve additional education.

 

            C.   The Guild

 

            The Guild proposes to continue the incentive plan as

awarded by arbitrator Lindauer in Exhibit G-3-3.  The Guild argues

that the County is unhappy with the arbitration decision and seeks

to overturn it by its new proposal.  Since the County is proposing

substantial changes to the existing program, it is incumbent upon

the County to present persuasive reasons for the elimination of the

existing incentive program. The Guild submits the County failed to

meet its burden of proof on this proposal.

            The Guild characterized the County's proposal as merely

a cost saving measure.  Given the County proposal of only a 1.5%

across the board wage increase, the essence of its proposal on the

incentive plan is to take that money back through modifications of

the incentive plan.  The testimony of Steve Foster, Human Relations

Manager, demonstrated that what the County really objects to is the

cost of the plan because it believes it is too generous.

            Contrary to the County's position that the incentive

program has not worked, the Guild asserts that the program has

served to encourage behavior and has worked extremely well.  The

County now seeks to undo a successful program.  The Arbitrator

should see the County's proposal as purely an economic issue that

has nothing to do with the merits of the current incentive program.

            Arbitrator Lindauer wrote in his award that the County

presented no Substantial evidence to justify changing an incentive

program that has existed, in essence, since 1980 in its current

form   The Guild submits the County has presented no evidence in

the instant arbitration to indicate that less than three years

after the Lindauer award the incentive plan should be radically

revised. Therefore, the Arbitrator should incorporate the language

awarded by arbitrator Lindauer into Article 12 of the Collective

Bargaining Agreement.

 

            D.        Discussion and Findings

 

            The Arbitrator concurs with the Guild that the County has

failed to present persuasive evidence to totally revise the

incentive program.  Arbitrator Lindauer in his 1993 award cogently

detailed the reasons why he favored the Guild's proposed incentive

program.  In the judgment of this Arbitrator, Lindauer's stated

reasons  for  adopting  the  incentive  program in  1993  remain

applicable  for continuing the incentive plan in the 1995-97

contract.  The Arbitrator does find that there are areas of the

current incentive plan which could be improved to deliver what the

County seeks.  However, this Arbitrator is unwilling to overturn

the incentive program and adopt a totally different approach less

than three years after arbitrator Lindauer affirmed the incentive

program in his 1993 award.

            Moreover,  the  current  incentive  plan  does  deliver

continuing education to the members of this bargaining unit which

enables  them  to  perform  their  jobs  more  efficiently  and

effectively.  The questions raised by the County about the current

program center more on the type of continuing education that will

be offered to the members rather than the effectiveness of the

training.  In order to attain the incentive pay, members of this

bargaining unit do in fact have to participate in educational

training activities.

            The Arbitrator in issuing the Award on the wage issue

took into account the members of this bargaining unit do in fact

enjoy a generous incentive program that delivers additional dollars

over the base pay.  One of the reasons for rejecting the Guild's

wage proposal was the fact the incentive program is relatively easy

to participate in, in order to attain the incentive pay.

 

                                                AWARD

 

The Arbitrator awards that the Guild's proposal  to

incorporate  the  existing  incentive  program--as  awarded  by

arbitrator  Lindauer  in  1993--into  the  Collective  Bargaining

Agreement should be adopted.

 

                                    ISSUE 4 - PAY PERIOD/METHOD OF PAY

 

            A.        Background

 

            The primary focus of this issue is a County proposal that

bargaining unit members be moved into the County's new payroll

software system.   The new payroll system is structured to pay

nonexempt employees on an hourly basis.  The County proposed that

the members of this bargaining unit be changed from a monthly

salary to an hourly basis for pay.   Under the current payroll

system, employees are paid on the 1st of the month with a draw on

the 15th of the month.  The employees are paid for the previous

month salary on the 1st of the month.  The County's proposal would

switch to a semi-monthly pay cycle, with pay days on the 10th and

25th of each month.  The Guild objects to the County's proposal to

switch from a monthly salary to an hourly rate of pay.

 

B.        The County

 

            The County begins by noting that it provides service to

over 1,200 Clark County employees and an additional 500 employees

from a number of outside entities.  The County's payroll system

includes five local fire districts, the local health district and

a number of regional employers.  There are a total of 28 different

employers and/or bargaining units which are paid by the County's

payroll system.  As of the date of the arbitration, all County

employees except for three of the four bargaining units in the

Sheriff's Office have been converted to the new hourly system.

This means that about 1,000 of the 1,2000 County employees have

made the conversion to an hourly rate of pay.

            The County's proposal is driven by what it asserts is a

payroll system that is out of date.  The vendor which supplied the

Proprietary system to the County is out of business which makes

support  and  upgrades  extremely  difficult.    Maintenance  and

manipulation of the old system has become very expensive.   The

County selected a new state-of-the-art Oracle database, which is

the industry standard.  The system is a combined personnel and

payroll database which directly interfaces to the general ledger

and budgetary process.  The system has built-in FLSA compliance

features as well as many other features which will be a benefit to

the County for obtaining business records about its employees.

            Under the new system employees are paid for their time

from the 1st through the 15th of the month on the 25th, and for

time from the 16th to the end of the month on the 10th of the

following month.  The pay is based on actual hours and leave used

each pay period.  The new system improves the old system in that

overtime and premium pay are calculated each time a paycheck is

processed.

            The County next argues that the system should be upgraded

because there is a conflict between Washington State law and the

Internal Revenue Code.   According to the County,  state law

prohibits the County from making any withholdings at the time of

the "draw" under the current system   On the other hand,  the

Internal Revenue Service requires the County to withhold taxes and

FICA payments at the time any payment is made to an employee.  Then

the County pays on a semi-monthly basis they are not required to

offer a draw, thus solving the IRS issue.  The County submits the

conversion to semi-monthly pay was significantly motivated by this

feature.   The County would accomplish this change by two major

modifications of the current Collective Bargaining Agreement.

First, the County would delete the last sentence of Section 3.5 of

the Agreement and move it to Section 11.7.  The proposed Section

11.7 would state:

 

            11.7     The employer reserves the right to

            modify  its  payroll  system  and procedures

            during the term of this agreement, including

            but not limited to changes of system hardware

            and  software,  and  timekeeping  forms  and

            procedures.

 

            The second change would be to modify Section 11.2.2 to

state:

 

            11.2.2  All personnel shall be paid on an

            hourly basis.

 

            The Guild has proposed that deputies continue to be paid

on a monthly,  salaried basis.   According to the County,  the

continuation of the current system would require the County to

maintain two. separate and distinct payroll systems.   It would

require that two payrolls be run with a total of four paydays each

month.  The County is strongly opposed to this idea because the

estimated additional  cost  of maintaining  the  former payroll

software is about $67,000 per year.  The County submits the old

payroll system will be completely dysfunctional by the year 2000.

            The Guild resisted the change to the hourly pay system

based on two primary objections.  The County asserts the Guild's

reasons to continue the old system are insufficient to require the

maintenance of two payroll systems.  The first concern of the Guild

is that hourly pay of deputy sheriffs will fluctuate from month to

month.  The County concedes that in a particular month deputies on

one shift will earn more than deputies on another shift.  However,

the County asserts that over time everything will come out even.

Deputies will be paid for each and every hour of service, and their

long range, annual earnings will not be impacted by the change in

the payroll system.  Any reduction in pay due to the shift loss

will be minimal

            The Arbitrator should reject the Guild's claim that some

members will make less than others.  The only reason a deputy would

make less in a particular month is that he or she has worked fewer

hours.  The bottom line is pay is keyed to the amount of time a

deputy works during the pay period.

            The second concern of the Guild is that members will lose

pay as the result of the lag inherent in the new payroll system.

The County counters that deputies will not lose any money.  Rather,

the County avers the new payroll system will simply pay the money

out to employees at different times.  In addition, the system will

deliver premium and overtime pay quicker to employees as they will

be paid in the payroll period when the premium pay was earned.

While there will be a slight lag in the receipt of some pay, no one

will actually "lose" money as the result of the "lag" in pay.

            Section 3.5 of the 1992 Agreement explicitly gave the

County the right to purchase new payroll software.  The decisions

to pay all employees on a semi-monthly basis and to pay nonexempt

employees on an hourly basis were made in the context of the

features of the software ultimately purchased by the County.  The

County bargained with the Guild over the impact of that purchase

decision and forestalled implementation pending bargaining.  The

approach taken by the County was entirely appropriate in this case.

            The County also rejects the Guild's proposal to adopt the

"Vancouver fix."  The County has already reached agreement with a

substantial number of employees, and most bargaining units to move

to the hourly pay system.   It is not appropriate to use an

alternative system for this bargaining unit.  The County is now

down to only two bargaining units, other than the Guild, which are

not on the new system.  The transition into the new system has been

successful,  and  problems  with  it  are  being worked  out  as

implementation goes forward.           .

            In sum, the County submits the new system is working and

there is no reason the 122 Guild members should not be paid on a

semi-monthly, hourly basis, the same as other employees of the

County.  The County's proposal should be adopted by the Arbitrator.

 

            C.        The Guild

 

            The  Guild  sees  the  County proposal  as making two

fundamental changes in the system.  First, the County is Proposing

to change the paydays to the 10th and the 25th of the month.

According to the Guild the effect of this change is that employees

would no longer receive their full pay at the end of the month

worked.   In the view of the Guild, members will only receive

approximately 50% of their normal salary in the month it was

earned.

            The second fundamental change is to eliminate the monthly

salary, and pay on a purely hourly system. According to the Guild,

this will result in fluctuating pay again causing severe economic

hardship to the members.  The Guild proposes to delete Article 3.5

from the contract and thereby eliminate any issue as to whether or

not the County can change the payroll system  The Guild also

proposes to eliminate the reference to "hourly" in Article 11.2

relating to the 48-hour deputies' compensation.   The Guild has

never viewed this language to authorize hourly pay.  The County's

proposal to move Article 3.5 into Article 11.7 would amend it so

the County would have the unilateral right to change payroll at

will, with no obligation to bargain.

            The Guild's arguments against the County's proposal may

be summarized as follows:

 

            1.         The Guild questions the legality of the

            County's proposal to switch to an hourly pay

            rate.   RCW 49.28.010 is the 8-hour day law

            which applies to municipalities.  The statute

            has been construed by the Washington Supreme

            Court  to  mean  that  it  only  applied  to

            contracted labor and day labor done.   In

            essence, the County seeks to convert deputy

            sheriffs   to   day   labor- -which   is   of

            questionable legality- -under the 8-hour law.

 

            2.         The Guild points out that none of the

            comparable jurisdictions pay by the hour.  The

            County  was   unable   to   cite  a  single

            jurisdiction in either the state of Washington

            or the state of Oregon that pays by the hour.

            The  proposal  of  the  County  is  simply

            unprecedented.

 

            3.         The City of Vancouver shares the same

            computer program as Clark County.  The City of

            Vancouver was able to develop the payroll

            system which functions under that computer

            system to avoid switching to an hourly pay

            system.

 

            4.         The County's strongest argument in support

            of their proposal is that the Coalition has

            agreed to an hourly pay system.   It is the

            Guild's position that in this case and under

            the facts and circumstances in existence, this

            factor should be given little or no weight.

            The members  of  the Joint Labor Coalition

            cannot strike under Washington law and so the

            County could have unilaterally implemented the

            payroll  system,  regardless  of whether the

            Coalition agreed to it or not.

 

            5.         The implementation of an hourly pay system

            will  cause  substantial  variations  in  the

            amount of the checks members receive from

            month to month.   Further, depending on the

            shift an employee works, the deputy may earn

            more or less than a coworker on another shift.

            The members of this bargaining unit should not

            bear the brunt of a self-created situation by

            the County's purchase of a payroll system that

            does not account for these variances.

 

            The Guild concludes that the County has not produced

sufficiently strong evidence to justify the novel change it is

proposing in the way the payroll system is administered.  Thus, the

Arbitrator should reject the County's proposal to convert from a

monthly salary system to an hourly pay program.

 

            D.        Discussion and Findings

 

            The  Arbitrator  finds  that  the  County  has  made  a

convincing case for a revision in the payroll system.   The

Arbitrator will award the County's proposal for Section 11.2.2 with

a modification that it shall be effective January 1, 1997.  The

Arbitrator will also award the continuance of Section 3.5 50 that

it will be clear that any future changes will be subject to

bargaining.  The Arbitrator will move Section 3.5 into the County's

proposed Section 11.7.

            The County's proposal is based on the sound premise that

employees will be paid for all time worked.  The principle of pay

for time worked is  fundamental  to any collective bargaining

agreement.  While the Guild went to great lengths to demonstrate

that deputies will "lose" money under the hourly system, the bottom

line is that deputies will be paid for each and every hour of work

performed for the County and that their long-range earnings will

not be impacted by the change.

            Moreover, the only reason a deputy would make less money

in a particular month is that he or she has worked fewer hours than

a coworker.   There is nothing inequitable about a system that

accurately pays for time worked.   The prime example in this

contract is that 48-hour employees make more money than 40-hour

employees.  The sole reason for that is the additional 8 hours of

work performed by the road deputies.  This does not violate the

sound principle of equal pay for time worked.

            The Guild's concern that members will "lose" pay as

result of the time lag inherent in the new payroll system is

inaccurate.  The deputies will not lose any money as the result of

the adoption of the new payroll system.  The only difference is

that money will be received at different times during the month.

The new payroll system will actually deliver premium pay and

overtime pay quicker than the old system.

            The Arbitrator was persuaded by the County's arguments

that there is absolutely no justification for maintaining an

outdated and expensive payroll system for the exclusive use of the

members of this bargaining unit.  The County estimated the annual

cost of maintaining a separate system for this group of employees

at $67,000.  In addition, the County's argument that the old system

will be totally outdated by the year 2000 lends further credence to

the County's position that change is in order.

            The County presented solid proof that it needs to update

its payroll system to deliver an efficient and effective payroll to

the 17,000 individuals employed or paid by the County.   The

administration of the payroll system is complex and should not be

burdened by a separate system for the members of this bargaining

unit.  The status quo should not prevent the full implementation of

the state-of-the-art Oracle database payroll system.

            Regarding the Guild's questions about the legality of the

hourly pay system, the Arbitrator will make no attempt to access

the legality of the proposal.  The County has presented a proposal

to change to an hourly system and the Arbitrator has been persuaded

to adopt that proposal. The constitutional and statutory questions

raised by the Guild will have to be decided in another forum.

            The strongest argument in support of the Guild's Position

is based on the fact none of the comparable jurisdictions pay on an hourly basis.   In the judgment of this Arbitrator,  the real question is the total amount of pay earned by the members of this unit  as compared to that of the deputies in the comparable

jurisdictions   The fact that compensation is paid on an hourly

basis is irrelevant, if the total amount of dollars delivered are

reasonable and competitive.  The decisive factor is the amount of

pay received by the deputies in this unit, as compared to those in

the other units, not the manner in which the pay is computed.

            The Arbitrator recognizes that this Award represents a

Significant change in the way the earnings will be computed and

paid to members of this bargaining unit.  For this reason, I am

delaying the effective date of this change until January 1, 1997,

so that time will be available to make the necessary adjustments in

order to accomplish the transition from a monthly salary to an

hourly wage as easy as possible.  The Arbitrator will retain the

language included in Section 3.5 to guarantee that any future

changes of this sort will be subject to bargaining.

 

                                                AWARD

 

            The Arbitrator awards with respect to the payroll system

issue as follows:

 

            1.         Section 11.2.2 shall be amended to read:

 

            11.2.2  Effective January 1, 1997, personnel

            shall be paid on an hourly basis.

 

            2.         Section 3.5 of the current contract shall

            be moved and renumbered as Section 11.7.  The

            current  contract  language  shall  continue

            unchanged in the new Section 11.7.

 

                        ISSUE 5 - HOURS OF WORK/SCHEDULES

 

A.        Background

 

            Article 10 of the current Agreement contains the matters

pertaining to hours of work and overtime.  Section 10.1 establishes

a shift schedule of 8 hour, 10 hour and 12 hour shifts as the

County determines to be in the best interest of effective service.

The County proposed to amend Section 10.1 to allow for the

implementation of an 11.5 hour shift effective January 1, 1997. As

has been previously noted, the standard shift for road deputies is

12 hours.   The additional 8 hours of work are paid with an

adjustment of 5.28% on the base salary.

            The County also proposed to move Section 10.2 to 10.1 and

insert a clarification.  The County announced in its post-hearing

brief that it has withdrawn this proposal and the Arbitrator does

not need to address this part of the County's proposal.  Post-

Hearing Brief p. 69.

            Patrol deputies working a four on/four off schedule, work

12 hours a day.  They work a total of 2,190 hours per year.  The

5.28% payment for the additional hours is based on a straight time

calculation.  The tradeoff for accepting those straight time hours

was the ability to have four days off in a row.  The Guild objects

to the ability of the County to implement an 11.5 hour work shift

because it will reduce the amount of time off.

 

            B.        The County

            The County proposed to amend Article 10.1 to include a

sentence which states

 

            Effective January 1, 1997, the department may

            implement an 11.5 hour shift.

 

            The County also proposed modifications of other sections

of Article 10 to accommodate the adoption of the 11.5 hour work

schedule.  Pursuant to Section 10.7 the 11.5 hour schedule will

rotate on a 23-day repeating cycle of four on/four off,  four

on/four off, four on/three off, beginning with the first shift

following the employee's three days of rest.

            The County proposes to restructure the 2,190 hours to

improve the Department's efficiency and facilitate the County's

ability to provide training. Under the County's proposal, deputies

will continue to work the same number of annual hours (2,190) that

they currently work.  The .5 hour less each shift is offset by an

additional workday every 24th day.  The County maintains that the

additional workday is intended to be used primarily for training.

            Chief Criminal Deputy Mike Brown testified about the

benefits of the new training schedule.  According to Brown, the

Sheriff's Office has had a very difficult time finding the time to

adequately train deputies.  The Sheriff's Department uses a "mini-

academy" which blocks out time early in the year which is used for

training purposes.  The deputies are taken out of their regular

assignment and given an extensive week of training.  The maximum

amount of training which can be scheduled is about 40 hours.  The

problem comes when large blocks of deputies are pulled from the

field  for  training  and  are unable  to perform their normal

functions. Deputies are required to change their schedule in order

to provide coverage in the field.   The Sheriff's Office must

restrict the number of vacations during the mini-academy so that it

will be able to cover field operations while deputies are in

training.  Chief Brown estimated that the overtime costs incurred

by this process were over $15,000 per year.

            The adoption of the new 11.5 hour schedule will create a

total of eight overlap days each year where there would be twice

the number of deputy sheriffs on duty.  The Sheriff's Office could

maintain coverage while at the same time provide training without

incurring substantial overtime costs.

            The County next argues that if the new schedule were

implemented deputies would still have a substantial number of days

off each year.  Under the new schedule they would have about 174

days scheduled off per year. Under the 4/12 schedule, the deputies

average 182.5 days off per year.  The County suggests the reduction

in days off is minimal.  Further, the new schedule would allow

deputies to return to their families  .5 hour earlier on 191

scheduled workdays.

            The County next argues that the reduced shift provides

additional safety and operational benefits.   According to the

County, a 12 hour shift is extremely long, especially when worked

four days in a row.  The Department continues to be concerned about

what might happen late in the shift of a tired patrol deputy who is

on his or her fourth straight scheduled day of work.  The County

submits the movement to an 11.5 hour shift is a significant

movement in the right direction.  The implementation of the 11.5

hour shift will be for a one year trial period to give the parties

an opportunity to test the new schedule during the final year of

the Agreement.  If the parties do not like the new schedule, they

will be free to bargain over it for the successor Agreement.

            The Arbitrator should reject the Guild's argument that

the County would not make good use of the overlap days.  It is the

County's responsibility to determine how to best provide police

protection within the County.   The Sheriff's Office should be

trusted to. make productive use of the time during this one year

trial period.  The County concludes that a minimal reduction of

workdays off per year, when combined with a shorter workday, is a

reasonable compromise on the work schedule issue.

            The County also proposed to revise the callback pay

provision found in Section 10.11.1.   The County would revise

Section 10.11.1 to read:

 

            10.11.1            Callbacks on the employee's regular

            day off shall be compensated at the rate of

            time and one-half the employee's regular rate

            of pay with a minimum of three (3) hours.

 

            According  to  the County,  bargaining unit  employees

currently receive 2 "bonus" hours of compensation whenever they are

called back to work.  Specifically, the deputies receive the actual

time spent on the callback, plus 2 additional hours of pay at time

and one-half.  The County is proposing a system where deputies

receive the actual time spent on the callback, with a minimum of 3

hours.

            The County reasons that the purpose of callback pay is to

provide adequate compensation to an employee who is inconvenienced

by having been called back to work outside of their regular

schedule.  The systems used in the comparators establish a payment

based on a minimum number of hours threshold, as is proposed by the

County.  Co. Ex. 69, 71.  There is no reason or justification for

a callback system like that in Clark County, which pays additional

bonus hours, all at time and one-half, regardless of the length of

the callback.

            The  County  also  proposed  language  to  modify  the

definition of callback with new language to state:

 

            10.11.3            "Required" to return to work shall

            exclude all voluntary overtime assignments and

            overtime which is scheduled more than 72 hours

            in advance.

 

The County reasons that callback pay should not apply to those

situations where the deputy sheriff receives substantial advance

notice  of  the  callback.    The  County  asserts  the  primary

inconvenience comes from being called back to work on short notice.

With at least three days advance notice, this inconvenience factor

is generally de minimis.   The County understands that on many

occasions the deputies will be required to report to court with a

long period of notice and yet will only be obligated to appear for

a short period of time.  The County took this into account and

excluded callback for court appearances from this proviso.

            The Arbitrator should reject the Guild's proposal to

expand the definition of callback so that PDO and compensatory days

off would be included.  The Guild incorrectly seeks to overturn an

arbitration decision which held that the callback provision only

applies to a deputy's regularly scheduled day off, and not the PDO

or comp time days.   The County submits there is no reason to

overturn the decision.

 

            C.        The Guild

 

            The Guild begins with the observation that the County

currently has a goal of providing 40 hours of training a year.  The

shift proposed by the County would create sixteen overlap days, or

128 hours.   This is substantially more hours than needed for

training.  The Guild has two primary objections to the proposed

11.5 hour shift.  First, the Guild has serious concerns whether or

not the sixteen overlap days would be properly utilized.  Second,

the Guild is concerned that the proposed 11.5 hour schedule would

result in more hours worked at the straight time rate, without the

accompanying benefit of days off.  The Guild next argues that-it

accepted the 4/12 shift schedule which reduced compensation for the

additional 128 hours because the 4/12 schedule maximizes days off.

Deputies who work the 4/12 schedule receive a significantly greater

number of days off during the course of the year than the 40-hour

employees.  The County's proposal takes away sixteen of those days

off but continues to expect those employees to work 2,200 hours and

to compensate the additional 120 hours at straight time rates.  The

County has provided in its proposal no benefit to its employees for

the reduction of the number of days off.

            The Guild also asks the Arbitrator to reject the County's

reliance on the cost of overtime to provide training because the

problem with the overtime is not the 4/12 schedule, but rather

because the people on the 40-hour overtime threshold were placed

into a 48-hour workweek.  The problem with overtime will continue

regardless of whether the Arbitrator grants the 11.5 hour workday.

The overtime problem was aggravated because the County chose to

unilaterally adjust those schedules, as opposed to coming to the

Guild and negotiating the change.

            Turning to the issue of safety, the Guild submits that

the reduction of the 12 hour shift by a half hour would not improve

the safety conditions for members.  The Guild reasons that the

reduction of sixteen fewer days in the recycling of an employee on

only three-days rest would more than offset any safety improvements

by a half hour reduction in the shift.  The Guild concludes the

County has failed to present any strong or cogent evidence to

justify its proposed change in the work schedule.

            The Guild also objected to the County's proposal to

change Section 10.1 and Section 10.1.1.  The County sought to move

a 48-hour notice provision into Section 10.1 so as to provide that

employees shall be afforded the 48-hour notice of any temporary

change of four weeks or more.  The County withdrew this proposal in

the post-hearing brief so this objection is noted for the record

only.  The Guild also objects to the County's proposal to delete

Section 10.1.1 which affirms the continuing duty to bargain over

changes in the work schedule.  The Arbitrator should not force the

Guild to waive its right to bargain.  The Guild also objects to the

County's proposal to delete the last sentence from Section 10.2

because it would allow the county to change- - on a moments notice- -

for up to four weeks a deputy's work schedule.

            The Guild points out that if the Arbitrator chooses to

award the 11.5 hour day, the County's proposed language for Section

10.1, Section 10.4 and Section 1.7 and part of Section 10.8 is

acceptable in order to implement the 11.5 hour shift. However, the

change proposed by the County to Section 10.8 is an attempt to

alter the current overtime threshold. The County's proposal should

be rejected because it fails to deal with the question of work on

a regularly scheduled day off.

            Regarding the County's proposal to amend the callback

provision, the Guild submits the County presented no justification

beyond the fact they do not believe it is in line with the

comparable jurisdictions.  The Guild alleges this provision is of

long duration and should not be changed without substantial

evidence.    The  Guild  submits  the  County has  presented no

significant evidence to change the callback language.

            The final County proposed change is a new Section 10.11.3

wherein they seek to define the term "Required"  to exclude

voluntary overtime assignments which are scheduled 72 hours in

advance.  In the view of the Guild, the County is seeking to get

around the callback requirements.  Adoption of this proposal would

open the door to the potential for abuse of the rest time of the

deputies.  The County presented no evidence to justify the addition

of its proposed language to the successor Agreement.

            The Guild submits that its one proposal to amend Section

10.11.1 concerning callback should be adopted.   An arbitrator

interpreted Section 10.11.1 to mean that the callback provision did

not apply to paid days off or compensatory days off that had been

scheduled in advance.  The Guild believes the purpose of callback

pay on a day off is to protect the employee's leisure time.  That

justification is equally applicable to both regular scheduled days

off and a paid day off that has been scheduled in advance.  The

Guild's proposal would merely provide that any PDO or compensatory

time which had been pre-approved, would be part of the definition

of a regular day off.

            In sum,  the Guild asks the Arbitrator to reject the

County's proposals to amend Article 10 to allow for an 11.5 hour

shift and to adopt the Guild's single proposal to modify Section

10 .11.1.

 

            D.        Discussion and Findings

 

            Present contract language provides for three alternative

types of shifts.  The options available to the Sheriff's Department

are 8 hour, 10 hour and 12 hour shifts.  The Arbitrator finds that

the County's proposal to add a fourth option of an 11.5 hour shift

should not be included in the 1995-97 contract. With the exception

of the difficulties the County asserts it has with scheduling

training, the 4/12 system has served the parties well.  The County

offered no examples of problems where the 4/12 schedule impeded the

operations and effectiveness of the Sheriff's Department.

            The County's concern with the amount of overtime required

to accomplish training is understandable. However, this Arbitrator

remains unconvinced that the training issue should form the basis

to eliminate the 4/12 schedule that has worked to the advantage of

the parties to this Agreement for several years. County's evidence

for making such a substantial change in the 4/12 scheduling system

was insufficient to compel this Arbitrator to adopt the County's

proposal.

            Moreover,  the Arbitrator  in rejecting the County's

proposal for an 11.5 hour shift took into account that I did award

the County's proposal to convert the pay to an hourly system.  Two

substantial changes in the way the parties to this Collective

Bargaining Agreement have scheduled and paid for deputy time in a

single year would not be in the best interest of stable labor

relations.   This Arbitrator is not necessarily holding that

alternatives' to the 4/12 scheduling should not be considered.

However,  the time is not right to modify the current 4/12

scheduling system during the term of the 1995-97 Collective

Bargaining Agreement.

            The parties will have the opportunity to negotiate this

issue for future Agreements.   The Arbitrator will award the

continuation of Section 10.1.1. which recognizes the continuing

duty to bargain over issues relating to the work schedule.  Given

the rejection of the 11.5 hour shift schedule, the Arbitrator will

not award the proposed changes to Section 10.4, Section 10.7 and

Section 10.8 concerning the 11.5 hour work schedule.

            The Arbitrator concurs with the County that Section

10.11.1  should  be  modified  to  eliminate  "bonus"  hours  of

compensation whenever a deputy is called back.   The County's

proposal to require compensation at the rate of time and one-half

the employee's regular rate of pay with a minimum of 3 hours is

adequate recognition for the disruption of the employee's off-duty

time.  The revision of the callback provision will bring it into

line with the callback compensation provided in the comparator

jurisdictions.

            The County's proposal to add the new language contained

in Section 10.11.3 to the Collective Bargaining Agreement which

would eliminate callback pay to situations where the deputy

receives substantial advance notice of the callback is without

merit.   Whether the employee receives a 72-hour notice of the

callback or a shorter period of time, the impact on the employee's

off-duty time is the same.   Specifically, the employee has to

interrupt their off-duty time to perform services for the County.

The fact that the employee received a 72-hour notice of the loss of

off-duty time does not change the fact the employee's personal life

is disrupted.

            The Arbitrator finds the Guild's arguments to expand the

definition of callback to include paid days off or compensatory

days off that have been scheduled in advance to be well founded.

The purpose of callback pay on a day off is to protect the

employee's personal time.  The Arbitrator concurs with the Guild

that the justification is equally applicable to both the regularly

scheduled day off and a paid day off that has been scheduled in

advance.  There is no reason to distinguish between paid days off

or compensatory time and a regular day off.  The Arbitrator will

award the Guild's proposed addition to Section 10.11.1.

 

                                                AWARD

 

            The Arbitrator awards that current contract language

contained in Article 10 shall be continued with the modification to

Section 10.11.1 as follows:

 

            10.11.1            Callbacks on the employee's regular

            work day shall be compensated at the rate of

            time and one-half the employee's regular rate

            of pay with a minimum of three (3) hours.  For

            the purposes of this section regular day off

            means the employee's scheduled days off and

            any paid leave (PDO and compensatory time)

            which has been preapproved.

 

                                    ISSUE 6 - BENEFITS/INSURANCE

 

            A.        Background

 

            The only issue remaining for the Arbitrator relates to

the "buy-up" for the Blue Cross Indemnity Plan 100/80 coverage for

the third year of the contract.  The Arbitrator awarded a three-

year contract so it is necessary to determine this remaining issue.

The parties agreed during negotiations that the buy-up will be at

$10 for single coverage, $20 for two-party coverage and $30 for the

family coverage rate for both 1995 and 1996.  Article 13.1.1.F

contains the current language on the buy-up for the 100/80 plan.

 

            B.        The Guild

 

            The  Guild sought  a  two-year contract  through  this

interest arbitration. The Arbitrator rejected the Guild's proposal

for a two-year contract and accepted the County's offer of a three-

year contract.  The Guild proposed that in the event the Arbitrator

awarded a three-year contract that the current formula of $10, $20

and $30 or a reopener on the buy-up rate be applicable in 1997.

According to the Guild, the County presented no real justification

for its proposed change in the buy-up formula from the 1995 and

1996 agreed upon rates.  The Arbitrator should reject the County's

proposal to deviate from the existing formula.

 

            C.        The County

 

            The County proposes that the buy-up formula in the

existing Agreement remain in place for 1997.  The County notes that

the 100/80 plan is a costly program because of its high level of

benefits.  Beginning in 1994 employees who wanted to participate in

the Blue Cross  100/80 plan were required to  "buy-up"  their

participation in that plan pursuant to a formula agreed upon by the

parties.  When the parties reached the 1992-94 Agreement, they

agreed upon a buy-up formula.  That formula was applicable in 1994

and used to calculate the 1995 contribution rate.   While the

parties deviated from that formula for 1996, the County requests

that the formula once again be applicable for 1997   The County

asserts that all employee groups and unrepresented employees who

are still participating in the Blue Cross 100/80 plan are basing

employee contributions on this formula.

            The County submits there is no reason to treat the deputy

sheriff's bargaining unit any different than the other units.  The

County submits its proposal  to continue the existing buy-up

agreement should control for 1997.

 

            D.        Discussion and Findings

 

            The Arbitrator holds that the County's proposal to have

the existing buy-up formula control the employee participation for

1997 should be adopted.  The Arbitrator concurs with the County

that the formula which is applicable to all other employee groups

and unrepresented employees who are still participating in the Blue

Cross 100/80 plan should be identical.   The Guild offered no

persuasive reasons why the deputy sheriff's bargaining unit should

be treated any different than the other units.

            The $30 payment for the 1996 buy-up was agreed to through

negotiations because the overall contract had not been settled.

The Award of this Arbitrator will bring the negotiations over the

1995-97 contract to a close. Therefore, it is appropriate that the

existing formula for determining the level of participation in the

Blue Cross 100/80 plan should be governed by existing contract

language.

 

                                                AWARD

 

            The Arbitrator awards that Article 13.1.1.F shall be

included in the contract to state:

 

            13.1.1.F  For calendar year 1996, the monthly

            buy-up amounts for employees electing the Blue

            Cross 100%/80% plan are

            $10, $20, and $30 at

            the  single,  2-party,  and  family  coverage

            levels.   In 1997, if an employee wishes to

            continue participating in the current Blue

            Cross l00%/80% plan, the employee shall pay

            the difference in premiums between the Blue

            Cross 100%/80% plan and the highest priced of

            the       three   County--paid   plans.  The

            determination of the highest priced plan shall

            be based on the family coverage premium.  Buy-

            up  costs  shall  be  based  on  the premium

            differential at each level of coverage.

 

                                    ISSUE 7 - MISCELLANEOUS

 

            A.        Background

 

            Two items remain in dispute between the parties which are

included under this category.  The first issue which divides the

parties is a Guild proposal to add a new article providing tuition

reimbursement to deputies who seek continuing education.

            The second issue is the duration of the contract.  The

County is proposing a three-year contract through December 31,

1997, and the Guild proposed a two-year contract effective through

December 31, 1996.

 

            B.        The Guild

 

            The Guild submits that its tuition reimbursement proposal

would result in a direct benefit to the County by educating its

officers. The Guild's evidence shows that if tuition reimbursement

was allowed, the members would utilize this program aggressively to

further their education.   The Guild reasons there is a direct

correlation  between  advanced  education  and  effective  law

enforcement.  The County should support this goal by participating

in a tuition reimbursement program.

            Turning to the Guild's proposed two-year Agreement, the

Guild avers there are many unresolved issues that can only be

settled at the bargaining table.  The Guild cites the hourly pay

proposal of the County as a prime example of an issue that needs

further discussion between the parties.  This issue alone dictates

the imposition of a two-year contract as opposed to a three-year

contract.

            Moreover, the County's desire to implement the 11.5 hour

shift requires further exploration at the bargaining table.  The

County refused to consider other options to its 11.5 hour shift

schedule.   Since these are issues the County wants to have

resolved, the Arbitrator should send a message to the County that

they need to bargain openly, honestly and in good faith in order to

attain these significant changes to the current Agreement.  Hence,

a  two-year  Agreement  is  reasonable  and  appropriate  to  be

implemented for the successor contract.

 

            C.        The County

 

            The   County   characterized   the   Guild's   tuition

reimbursement proposal as little more than a request for a blank

check.  The Guild proposal does not in any way give the County

discretion to reject requests for tuition reimbursement based on

budget or operational considerations.  The County submits that all

tuition reimbursement programs grant the employer some ability to

evaluate the request in light of its operational needs.

            The County next argues that the tuition reimbursement

program goes beyond payment for college classes and would demand

the County pay for any and all seminars which are in any way job

related.   The County would have no ability under the Guild's

proposal to evaluate a program and determine whether or not it is

worthy of County financial support.   The virtual unrestricted

ability of deputies to take any class they so elect is a flaw which

by itself is enough to reject the proposal.

            It is also the position of the County that it already

rewards deputies  for attending college.   Under the incentive

program, each college class completed gives the deputy a point.

These points can be added with training points in order to more

quickly achieve the 5% and 10% incentive payments.  The evidence

reflects the County is committed to training its deputy sheriffs

and offers programs which deputies participate in to enhance their

professional skills.

            Turning to the issue of duration, the County submits "the

parties need a rest."  The record reflects that these parties have

engaged in almost nonstop bargaining since the Guild was voted in

as  the  exclusive  bargaining  representative  in  late  1991.

Bargaining for the initial contract was prolonged, and the final

Agreement was not reached until the spring of 1993.  The remaining

issue of the incentive plan was resolved by the arbitration award

dated August 17, 1993.  In less than one year the parties were back

in bargaining for a successor Agreement.  The parties bargained

through 1994 and into early 1995.  Mediation failed to produce an

agreement. The interest arbitration was conducted in February 1996

and by the time the arbitration Award is issued there would be

approximately seven months left,  if a two-year Agreement was

awarded.   The Arbitrator should order a three-year contract in

order to provide a period of labor stability free from the

conflicts of continuous negotiations.

 

            D.        Discussion and Findings

 

                                    Tuition Reimbursement

 

            This Arbitrator has a history of supporting continuing

education programs included in collective bargaining agreements.

In addition,  the Arbitrator accepts the logic of the Guild's

argument in support of its proposal that continuing education has

value both to the employee and the employer. However, the language

contained in the Guild's proposal is unacceptable and will not be

awarded by this Arbitrator.  The proposal is so extreme that I will

not attempt to modify it to an acceptable format.

            The  County correctly pointed out  that  the  Guild's

proposal, if adopted, would create a blank check on which members

could take college classes or other educational programs that would

be required to be paid for by the County.  There is no maximum

amount of money that would be required to be allotted.

            The complete disregard for the financial implications of

the program and operational impact on the County is illustrated by

a sentence in the proposal which reads:

 

            Request for reimbursement shall be denied only

            upon the basis that the seminar or class is

            not related to the employee's job and career

            development, or is not related to the securing

            of a college degree.

 

The broadly worded language would create a potential for grievances

when the County denies requests for tuition reimbursement.

            The Arbitrator also notes that Guild members currently

receive rewards for attending college under the existing incentive

program.  The incentive points earned by taking college credits

benefit the employee by moving them into the 5% and 10% incentive

payments  under  the  program.    The  Arbitrator  awarded  the

continuation of the current incentive plan so members will continue

to enjoy the financial rewards of continuing education.  For all of

the above reasons,  the Arbitrator rejects the Guild's tuition

reimbursement proposal.

 

                                                Duration

 

            The Arbitrator finds that the County's proposal for a

contract extending through December 31, 1997, should be adopted.

The unending bargaining which these parties have been engaged in

since 1991 must come to an end for the good of labor relations

between Clark County and the Clark County Deputy Sheriff's Guild.

The parties to this Agreement need a reprieve from the time

consuming and often emotional aspects of the bargaining process.

Mature  and  stable  labor  relations will  not be attained by

continuing the constant turmoil of collective bargaining.

            The Arbitrator can think of no valid reason for awarding

a contract which would compel the parties to immediately begin

negotiations for a successor to the Guild's proposed 1995-96

Agreement.  If the Arbitrator were to adopt a two-year Agreement,

approximately 75% of the contract's duration would fall prior to

the signing of the Agreement. As the County correctly pointed out,

the "shelf-life" would be approximately seven months.  The idea of

compelling these parties to turn right around and begin bargaining

for a successor Agreement is totally without merit.  The delay in

bargaining will allow the County to work through some of the

uncertainties created by the impending annexation issues.   The

impact of the annexations on the County and this bargaining unit

will be better understood at the end of 1997.  The imposition of a

three-year Agreement will give the parties the opportunity to

reconsider the issue concerning changes in the hours of work.

 

                                                AWARD

 

            The Guild's proposal to add new language providing for

tuition reimbursement is rejected.  The County's proposal for a

three-year Agreement is accepted.  Article 24, Duration, should be

amended to state:

 

            Except as specifically provided herein, this

            Agreement shall be effective as of the date it

            is ratified by the parties and shall remain in

            full force and effect through the 31st day of

            December, 1997.  If either the Employer or the

            Guild desires to modify this Agreement for any

            reason, they shall give written notice to the

            other not later than June 1, 1997.

 

                                                CONCLUSION

 

            The parties have continued to work under a Collective

Bargaining Agreement which expired on December 31, 1994.   The

parties negotiated without success for over a period of several

years to reach a new Agreement.  The Arbitrator has awarded some

changes in contract language. With the exception of the move to an

hourly pay system, the Arbitrator has awarded no radical or drastic

changes for the 1995-97 Agreement.   For the most part, I have

attempted td be careful to use basic and conservative language in

order to preserve what has served the parties well in the past.

The time has come to put negotiations to an end, and concentrate on

improving the working relationship between the parties as defined

in the terms of the 1995-97 Collective Bargaining Agreement.

 

                                                                                    Respectfully submitted,

 

                                                                                    Gary L. Axon

                                                                                    Arbitrator

                                                                                    Dated:      May 30, 1996

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