INTEREST ARBITRATIONS

Decision Information

Decision Content

International Association of Fire Fighters, Local 2781

And

Snohomish County Fire District

Interest Arbitration

Arbitrator:      Alan R. Krebs

Date Issued:   09/10/1998

 

 

Arbitrator:         Krebs; Alan R.

Case #:              13462-I-97-00289

Employer:          Snohomish County Fire District 7

Union:                IAFF; Local 2781

Date Issued:      09/10/1998

 

 

 

IN THE MATTER OF

 

SNOHOMISH COUNTY FIRE DISTRICT No.7

AND

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,

LOCAL 2781

 

Date Issued: September 10, 1998

 

INTEREST ARBITRATION OPINION AND AWARD

OF

ALAN R. KREBS

 

Appearances:

SNOHOMISH COUNTY FIRE DISTRICT No. 7                         Otto G. Klein, III

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,

LOCAL 2781                                                                                                  James H. Webster

 

IN THE MATTER OF

SNOHOMISH COUNTY FIRE DISTRICT No.7

AND

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,

LOCAL 2781

 

OPINION OF THE INTEREST ARBITRATOR

 

PROCEDURAL MATTERS

      In accordance with RCW 41.56.450, an interest arbitration

hearing involving certain uniform personnel of Snohomish Fire

District No. 7 was held in Snohomish, Washington, on May 12,

1998.  Rather than convening the three-person arbitration panel

called for in the statute, the parties agreed to present this

dispute to a single arbitrator.  Snohomish County Fire District

No. 7 was represented by Otto G. Klein, III, of the Summit Law

Group.  International Association of Firefighters, Local 2781 was

represented by James H. Webster of the law firm Webster, Mrak &

Blumberg.

      At the hearing, witnesses testified under oath and the

parties presented documentary evidence.  There was no court

reporter, and, therefore, the Arbitrator tape recorded the

proceedings for the sole purpose of supplementing his personal

notes.

      The parties agreed upon the submission of post-hearing

briefs.  The Arbitrator received the briefs on August 12, 1998.

 

ISSUE

      The Union represents about 36 of the uniformed employees in

the District's Fire Department.  The Union and the District are

parties to a collective bargaining agreement which expired on

December 31, 1996.  They were unable to reach agreement on a new

contract despite their efforts in negotiations.  Only one matter

remains at issue.  The District proposed, and the Union resisted,

amending the bargaining agreement by adding the following

underlined language to §17.1 of their expired agreement:

__________

17.1.    Overtime pay rates shall be effective

for all employees covered by this Contract

who have worked over forty (40) hours in a

seven (7) day cycle for employees assigned to

eight and ten hour shifts, forty five hours

for employees assigned to nine hour shifts,

or two hundred four (204) hours in a twenty-

seven day cycle, depending on which cycle

they have been assigned.

__________

The effect of the District's proposal would be to remove the

additional compensation received by firefighters working the

daily 9-hour shift, which is over and above the standard monthly

wage received by other Department firefighters.

 

APPLICABLE STATUTORY PROVISIONS

      Where certain public employers and their uniformed personnel

are unable to reach agreement on new contract terms by means of

negotiations and mediation, RCW 41.56.450 calls for interest

arbitration to resolve their disputes.  In interest arbitration,

an arbitrator or arbitration panel adjudicates a resolution to

contract issues regarding terms and conditions of employment,

which are at impasse following collective bargaining

negotiations.  The parties agree that RCW 41.56.450 is applicable

to the bargaining unit of firefighters involved here.

      RCW 41.56.465 sets forth certain criteria which must be

considered by an arbitrator in deciding the controversy:

__________

      RCW 41.56.465 Uniformed personnel--

Interest arbitration panel--Determinations--

Factors to be considered.  (1) In making its

determination, the panel shall be mindful of

the legislative purpose enumerated in RCW

41.56.430 and, as additional standards or

guidelines to aid it in reaching a decision,

it shall taken into consideration the

following factors:

      (a) The constitutional and statutory

authority of the employer;

      (b) Stipulations of the parties;

      (c) (i) ...

      (ii) For employees listed in RCW

41.56.030(7)(e) through (h), comparison of

the wages, hours, and conditions of

employment of personnel involved in the

proceedings with the wages, hours, and

conditions of employment of like personnel of

public fire departments of similar size on

the west coast of the United States.

However, when an adequate number of

comparable employers exists within the state

of Washington, other west coast employers may

not be considered;

      (d) The average consumer prices for

goods and services, commonly known as the

cost of living;

      (e) Changes in any of the circumstances

under (a) through (d) of this subsection

during the pendency of the proceedings; and

      (f) Such other factors, not confined to

the factors under (a) through (e) of this

subsection, that are normally or

traditionally taken into consideration in the

determination of wages, hours, and conditions

of employment. ...

* * *

__________

      RCW 41.56.430, which is referred to in RCW 41.56.465, reads

as follows:

__________

      RCW 41.56.430 Uniformed personnel--

Legislative declaration.  The intent and

purpose of this 1973 amendatory act is to

recognize that there exists a public policy

in the state of Washington against strikes by

uniformed personnel as a means of settling

their labor disputes; that the uninterrupted

and dedicated service of these classes of

employees is vital to the welfare and public

safety of the state of Washington; that to

promote such dedicated and uninterrupted

public service there should exist an

effective and adequate alternative means of

settling disputes.

__________

 

APPLICABLE PROVISIONS OF THE EXPIRED COLLECTIVE

BARGAINING AGREEMENT

__________

* * *

ARTICLE 10 Working Hours and Shifts

      Section 10.1 - The District and the Union

recognize that employees covered by this

Contract may be working in a standard eight

(8) hour shift, a standard nine (9) hour

shift, a standard ten (10) hour shift, or a

standard twenty four (24) hour shift.

      Section 10.2 - The standard eight (8) hour

shift shall consist of five (5) consecutive

work days, followed by two (2) days off.  The

standard schedule shall begin at 0800 hours

on Monday and will run until 1700 hours with

one (1) hour for lunch.  (This shift will

apply for employees of the rank of

probationary Fire Fighter and employees

assigned to light duty activities only.)

      Section 10.3 - The standard nine (9) hour

shift shall consist of five (5) consecutive

work days, followed by two (2) days off.  The

standard schedule shall begin at 0800 hours

on Monday and will run until 1700 hours.

      Section 10.4 - The standard ten (10) hour

shift shall consist of four (4) consecutive

work days followed by three (3) days off.

This standard schedule shall normally begin

at 0700 hours until 1700 hours or as mutually

agreed upon by the Union and the District.

      Section 10.5 - The standard twenty four (24)

hour shift shall begin at 0800 hours on the

specific day established by the District and

such employees shall be on duty for twenty

four consecutive hours.  The shift schedule

will be the MODIFIED DETROIT 56 HOUR WORK

WEEK SCHEDULE.

      Section 10.6   Under the terms of the Fair

Labor Standards Act the Employer and the

Union do hereby agree that the work period

for employees covered under this Contract

shall be forty (40) hours in a seven (7) day

cycle and two hundred four (204) hours in a

twenty seven (27) day cycle.

      Section 10.7   The Union and the District

agree that any employee covered under this

contract on off duty hours is not required to

remain in the range of the Fire District

alarm system and is not required to respond

to any alarms.

* * *

ARTICLE 17 Overtime Pay

      Section 17.1.  [See language in Issue section

above]

* * *

      Section 17.4   Overtime shall be at the rate

of one and one half (1 1/2) times the

employees regular rate of pay and shall be

paid in 15 minute increments of time.

* * *

ARTICLE 23 Salaries

      Section 23.1 The . . . monthly wage scale shall

be as follows:

                        * * *                         * * *

                        Firefighter 3            * * *

                        * * *                         * * *

ARTICLE 24 Kelly Time

      Section 24.1 The Modified Detroit 56 Hour

Work Week Schedule requires the firefighter

to work a standard fifty-six (56) hour week.

Kelly Days shall be scheduled and earned in

the same manner as Holiday and Vacation Time,

in accordance with the procedures outlined in

Article 14.

 

YEAR OF CONTRACT    KELLY DAYS    WORK WEEK

* * *

            1996                                 10                      51.46

 

__________

 

BACKGROUND

      The District provides fire suppression, rescue, emergency

medical and paramedic services to an area of about 48 square

miles in unincorporated parts of Snohomish County.  It also

contracts to provide fire protection to the city of Mill Creek.

The District's fire chief, Richard Eastman, estimated that the

District's population, based on figures put together for the

Everett naval base's impact statement, is about 40,000 to 45,000.

Richard Peters, the local Union president, testified that he was

told when he was hired in 1991 that the service population was

55,000, and that is the figure used as the correct answer for a

question on the population which is on the District's firefighter

I exam.  The District maintains seven fire stations, which is

more than the average for a department of its size.  The District

staffing policy, which is referenced in the Agreement, is to

maintain on duty a minimum of 11 career firefighters during the

day, and 8 at night.

      Of the 36 employees in the bargaining unit, 30 work a 24-

hour shift.  With their scheduled Kelly days off, these employees

have a 51.46 hour workweek.  The other six employees work on the

day shift.  The day-shift employees work from 8 a.m. until 5 p.m.

Four of the day-shift employees work a 9-hour schedule amounting

to a 45-hour workweek since they receive a paid lunch hour.  They

are required to have their lunch at the station.  They must

respond to calls during their lunch hour, though if their lunch

is interrupted, they may resume their lunch hour when they return

to the station.  Two of the day-shift employees are on probation,

since they are in their first year of employment.  Probationary

employees on the day shift work a 40-hour workweek based on an 8-

hour schedule with an unpaid lunch hour during which they are

free to leave the station.  Unlike other employees, the four day-

shift employees working a 9-hour schedule receive an hour of

overtime pay each day which is built into their schedule.

      The District also utilizes volunteers and residents to

provide service otherwise provided by firefighters.  The

volunteers are assigned to fire stations, but they live at home

and generally work at jobs outside of the community.  If there is

an alarm and their station responds, the volunteers are called to

come to the station and man the apparatus.  The residents

actually stay at the station and are supposed to be there from 5

p.m., when the day-shift employees leave, until 8 a.m., when the

day-shift employees return.  The residents have some flexibility

in their hours depending on their personal work schedule or

commitments.  Many of the residents actually reside at the

stations.  Neither the volunteers nor the residents are

considered by the District to be employees.  Both are paid based

on a point system which is not considered pay, but rather a

reimbursement of expenses for items such as mileage on their

vehicles, insurance and laundering of their uniforms.  Chief

Eastman testified that there are eight residents on duty each

night.  Each is paid about $27.50 per night.  To provide coverage

on weekend days, the District utilizes volunteers and residents

and pays them at or near minimum wage for those hours.

 

OVERTIME PAY FOR 9-HOUR SHIFT EMPLOYEES

      The District's current monthly base wage for a top-step

firefighter is $4214.  For firefighters working a 24-hour shift,

this breaks down to an hourly wage of $19.10.  Day-shift

firefighters, because they work fewer hours, receive an hourly

wage of $24.30.  For their ninth hour of work each day, day-shift

firefighters receive an overtime wage of $36.45 per hour.  The

current total annual cost of paying the four day-shift

firefighters for their ninth hour of work each day is a total of

$39,444.  If all six day-shift firefighters were off probation

and at the top step, the annual cost of the ninth hour would

increase to $60,684.  The additional annual cost to the District

of paying the overtime rate for the ninth hour of work, rather

than the base rate, is currently a total of about $13,000, with a

potential cost of about $20,000.  The District's proposal, if

adopted, would end the practice of paying firefighters assigned

to the daily 9-hour shift an overtime premium or any premium over

the standard monthly firefighter salary for their regular 45-hour

weekly schedule.

EMPLOYER'S FINANCIAL CONDITION

      Chief Eastman testified that the bulk of the District's

budget comes from property taxes, and it does not have large

reserves.  He further testified that the District paid cash out

of current revenue for two stations that it recently built.

Chief Eastman testified that during the past three years the

District has purchased a new ladder truck, two new pumpers, and

two new medic units.

 

DESIRABILITY OF 24-HOUR SHIFT vs. 9-HOUR SHIFT

      Mr. Peters testified that the 24-hour shift is traditionally

the normal shift in the fire services.  Chief Eastman testified

that the 24-hour shift is more attractive to firefighters than

the day shift.  The six least-senior firefighters occupy the day-

shift positions.  There is a letter of understanding in which the

parties agreed that day-shift personnel can move to vacancies in

24-hour positions based on seniority.  Mr. Peters testified that

he knows of two day-shift firefighters who have left to take 24-

hour positions with other departments.  There are a variety of

reasons why the 24-hour shift is more desirable than a 9-hour

shift despite providing what amounts to a significantly lower

monthly wage.  Employees on a 24-hour shift typically work 8 days

a month so they have to commute to work much less often than day-

shift employees.  Mr. Peters testified that day-shift personnel

are denied the continuity and family-type atmosphere that 24-hour

employees have.  He testified that whereas 24-hour personnel

generally work with the same lieutenant and crew each shift, day-

shift personnel have to work with three different crews and with

different lieutenants who have perhaps different expectations.

Moreover, day-shift personnel have considerably less days off to

spend on personal or other activities.

 

COMPARABLE JURISDICTIONS

      One of the primary standards or guidelines enumerated in RCW

41.56.465 upon which an arbitrator must rely in reaching a

decision is a "comparison of the wages, hours, and conditions of

employment of personnel involved in the proceedings with the

wages, hours, and conditions of like employers of public fire

departments of similar size on the west coast of the United

States."  The statute requires the use of comparable employers

within the state of Washington if an adequate number of in-state

comparable employers exists.

      The parties agree that the following eight fire districts

are comparable to the District at issue here:

__________

                                                                           Employer's                 Union's

                                                                           Representation          Representation

                                                                           of Population              of Population

      District                                                         Serviced                      Serviced

 

Snohomish County F.D. #1-11

      (recently combined)                                    130,000                       120,000

Snohomish County F.D. #12                             46,000                         42,000

King County F.D. #4                                         53,000                         56,000

King County F.D. #11                                       43,000                         40,000

King County F.D. #16                                       31,000                         31,000

King County F.D. #36                                       45,000                         44,000

King County F.D. #40                                       38,000                         38,000

King County F.D. #43                                       36,500                         45,000

__________

      In addition, the District advocates that the following fire

district should be viewed as comparable:

__________

                                                                           Employer's                 Union's

                                                                           Representation          Representation

                                                                           of Population              of Population

District                                                               Serviced                      Serviced

Snohomish County F.D. #8                               35,000                         29,000

__________

The Union would add the following city fire departments as

comparable:

__________

                                          population

      Bothell                        30,000

      Edmonds                     31,000

      Lynnwood                   32,000

      Mountlake Terrace   26,000

__________

      Of the employers suggested as comparable by the parties,

employees classified as firefighters work exclusively 24-hour

shifts, except in Snohomish County Fire Districts Nos. 8 and 12,

and King County Fire District No. 43.  In Snohomish County Fire

District No. 8, five firefighters work a 45-hour week and receive

overtime pay only if their workweek exceeds 45 hours in a week.

In Snohomish County Fire District No. 12, nine firefighters work

a schedule of four 10-hour days per week.  They receive overtime

pay for hours worked beyond 40 in a week.  In King County Fire

District No. 43, two firefighters work a 45-hour workweek.  These

two individuals receive a 10 percent premium above the standard

firefighter rate.

      Chief Eastman testified that Snohomish Fire District No. 4,

a neighboring jurisdiction with which he had some discussions

about contracting for service, utilizes a 45-hour schedule and

pays overtime only after 45 hours.  The District does not assert

that Snohomish Fire District No. 4 is a comparable jurisdiction.

 

POSITION OF THE DISTRICT

      The District contends that firefighters assigned to a 45-

hour weekly schedule should receive the same monthly compensation

as the firefighters working a 24-hour shift.  In other words, the

District's position would eliminate not only overtime pay for the

ninth hour of work in a day, but also any additional compensation

for that hour over and above the standard monthly wage rate for

firefighters which is contained in the Agreement.  The District

observes that under the Fair Labor Standards Act, 29 U.S.C.

§553.220, firefighters can work various work cycles of more than

the traditional 40-hour workweek without receiving overtime pay.

The District alleges that the practice of the comparable

jurisdictions supports its proposal.  The District points out

that none of the three comparable fire departments that have day-

shift firefighters pay overtime to firefighters for working any

part of their regular shift.  The District also points to the

practice of Snohomish Fire District 4, where firefighters work a

45-hour shift and are paid in the same fashion as the District

proposes in this proceeding.  The District maintains, while

District 4 is not comparable with this department, its proximity

and the fact that it "almost merged with the District" makes its

practice an "other factor" encompassed by the Act, and thus

relevant to this proceeding.  The District notes that its 45-hour

firefighters receive a premium of 18.75 percent above the

standard monthly pay, almost twice the size of the only other

district that pays any premium at all.  The District maintains

that the factor of internal equity favors its position.  In this

regard, it asserts that, in essence, the 9-hour shift

firefighters work the same amount of time as the 8-hour shift

firefighters, but receive a premium that amounts to almost

$10,000 per firefighter above the amount received by the 8-hour

firefighters.  Also, the "blended" average hourly rate paid to 9-

hour firefighters, including the overtime premium, works out to

those firefighters receiving about 35 percent more per hour than

the 24-hour shift firefighters.  Further, even for their first 40

hours of work, the firefighters working the 9-hour shift make

more money on an hourly basis than do lieutenants and almost as

much as battalion chiefs.  The District maintains that the day-

shift jobs are entry-level positions, and a shift premium is not

needed in order to get people to accept these positions.

 

POSITION OF THE UNION

      The Union contends that the District's proposal to reduce

weekly compensation for firefighters who are assigned the least

desirable work schedule should be rejected.  It reasons that the

District's proposal would undermine morale.  The Union argues

that the 9-hour schedule's disadvantages outweigh the five hours

of weekly overtime pay which attaches to the assignment under

conditions negotiated by the parties in prior agreements.  These

disadvantages include more frequent commuting, less opportunity

for shift trades, and having to adapt to varying supervisors and

peers on different 24-hour shifts.  The Union alleges that the

District's utilization of day-shift personnel furthers the

District's improper compensation agreement with "residents."

According to the Union, the District's arrangement with residents

violates federal law, 29 U.S.C. §203(e)(4)(A) and 29 CFR

§553.103(a), because an individual may not be employed as a

firefighter and serve as a volunteer for the same public agency.

The Union further argues that the District's proposal is not

supported by comparisons with firefighters of comparable fire

departments.  In this regard, the Union asserts that only 2 of

the 13 comparable employers identified by the Union utilize a 9-

hour shift schedule, and only one of those does so without paying

a substantial wage premium to firefighters so assigned.  Finally,

the Union suggests a reduction in wages is unjustified given the

District's robust financial health, as evidenced by its new

stations and equipment paid for out of operating revenues, and

its operation of a higher than average number of stations

considering the District's size.

 

DISCUSSION

      The District and the Union in previous collective bargaining

negotiations agreed to provide an hour of overtime to

firefighters assigned on a daily basis to work nine hours.

Presumably, that past agreement was reached voluntarily as part

of an overall compromise deemed by the parties to be sufficiently

fair to be adopted. The District bears the burden of

establishing sufficient justification for a change in this

previously reached bargain.  For the reasons described below, I

find that there is insufficient basis for diminishing the

overtime benefit provided to employees working a 9-hour shift.

      The District relies on the statutory criteria of

comparability as well as "internal equity," which is a factor

frequently considered by arbitrators.  I am not persuaded that

either of these criteria warrants a reduction in the existing

benefit.  Of the eight fire departments which the parties agree

are comparable to the District and of the five additional

jurisdictions suggested by one or the other party,1  only two fire

departments maintain a 9-hour daily shift.2  Neither of these two

jurisdictions, Snohomish County Fire District No. 8 and King

County Fire District No. 43, provides a pay premium as generous

as the District here, though District No. 43 does provide a 10

percent premium to firefighters working the 45-hour shift.

However, none of the other suggested or agreed upon comparable

jurisdictions permit the employer to assign a daily work schedule

of nine hours.  Rather, firefighters in all those other districts

generally work a traditional 24-hour firefighter schedule.

1 Based on the single issue presented and the practice of the agreed-upon comparable employers, as supplemented

by any combination of suggested additional comparable employers, I find no reason to lengthen this Decision with a

discussion of which fire departments are or not comparable to the District here.

 

2 In addition, Snohomish County Fire District No. 12 employs firefighters to work a schedule of four 10-hour days

per week. There, Firefighters on that schedule receive overtime for working beyond 40 hours in a week. Here, the

Agreement allows Snohomish County Fire District No. 7 to assign such a shift under the same conditions.

Snohomish Fire District No. 4 is not a comparable jurisdiction, as the District concedes. No statistics regarding

Snohomish Fire District No. 4 were proffered. The significance of vaguely described unfruitful discussions between

Fire District No. 7 and Fire District No. 4 regarding contracting for services cannot be determined. Based on the

limited evidence presented regarding District No. 4 which makes any comparison with District No. 7 particularly

conjectural, significant weight cannot be accorded to that admittedly non-comparable fire district.

_____

      Thus, only a very small minority of even the comparable

jurisdictions suggested by the District supports its position

that it should be able to assign a five day/9-hours-per-day

schedule without the payment of overtime.  The District's

suggestion that the Arbitrator should only focus on the two

jurisdictions that allow such a regular schedule ignores the fact

that the Union has in the past negotiated a significant

concession by permitting a five day/9-hours-per-day schedule,

which is contrary to the practice in most other comparable fire

departments.  It is undisputed that this schedule is a very

undesirable schedule for firefighters, even with the overtime

compensation which was previously negotiated.  Only the least

senior employees work this schedule, and they switch to the 24-

hour schedule as soon as an opening exists for which their

seniority qualifies them.  They transfer despite the loss of the

overtime premium, since no such premium is built into the 24-hour

schedule.  There was no evidence that any employees working the

24-hour shift have ever sought to transfer to the 9-hour shift

despite the significantly higher total compensation which the

daily shift provides.  Moreover, two employees on the 9-hour

schedule transferred to other fire departments to work 24-hour

shifts.  It is understandable that the parties negotiated not

only the District's right to establish such an undesirable shift

for firefighters, but concomitant premium pay for that shift.

That one allegedly comparable jurisdiction provides no premium

for such a shift, and an agreed upon comparable jurisdiction

provides a lesser premium hardly establishes any sort of trend.

Rather, it indicates that while most comparable jurisdictions do

not have a daily 9-hour schedule for firefighters, the few that

do all have different methods of compensating that schedule.  In

these circumstances, it cannot be said that the District's

compensation for this schedule is out of line with comparable

jurisdictions.

      The District's internal equity arguments are also not

persuasive.  Hourly pay for firefighters working 24-hour

schedules with "Kelly" days off cannot be fairly compared with

hourly pay for employees working a 5-day-per-week schedule.

Employees working a daily schedule do not sleep at the fire

station during their assigned shift.  Work assignments for

firefighters in the evening may not be the same as day-time

assignments.  As a result of the recognized special

characteristics of 24-hour shifts, firefighters routinely have

regular workweeks which exceed 40 hours and do not necessitate

overtime.  That is different than most of the rest of the

nation's work force for which overtime is standard after 40

hours.  In these circumstances, it is neither surprising that a

department which employs both firefighters working 24-hour shifts

and firefighters working daily 8-hour shifts pays each the same

monthly salary, nor that it pays overtime to daily employees for

working more than 8 hours in a day, while not providing such

overtime to those working the regular 24-hour shifts.  There is

just little significance to a comparison of hourly pay rates of

firefighters on 24-hour shifts traditional to fire services with

hourly pay rates of firefighters working a daily schedule in the

same manner as the rest of the population.

      The additional compensation which 9-hour employees earn in

relation to the 8-hour employees was apparently negotiated to

reflect the additional hour which the 9-hour employees must

remain in the fire station, as well as perhaps the probationary

status of the 8-hour employees.  Your Arbitrator does not find it

to be inherently unreasonable that the 9-hour employees would

receive additional overtime compensation for remaining on duty

during their ninth hour of their daily schedule.  Indeed, this

practice is consistent with Sections 10.6 and 10.7 of the

Agreement, where the parties recognized that the work period for

employees is 40 hours in a 7-day cycle and 204 hours in a 27-day

cycle and that employees on off-duty hours are not required to

respond to alarms.  The District can avoid overtime under their

negotiated agreement if it assigns a schedule of either five 8-

hour days, four 10-hour days, or the 24-hour shifts with "Kelly

days."

      Finally, ability of the employer to pay is a factor often

considered by interest arbitrators.  Here, there is no contention

that the District is unable to continue to pay the overtime

benefit to firefighters working a daily schedule of 9 hours.  In

fact , the District's recent addition of two new stations and its

purchase of expensive equipment without incurring any debt

reflects a healthy economic situation.

      In sum, the District's proposal to remove the previously

negotiated overtime pay for firefighters assigned to the 45-hour

shift is not sufficiently supported considering the referenced

governing standards set forth in RCW 41.56.465.  Neither

consideration of the practice of allegedly comparable

jurisdictions, nor of other factors normally considered by

arbitrators, such as internal equity and ability to pay,

justifies a change in the existing language.

 

AWARD OF THE INTEREST ARBITRATOR

      There shall be no change in Article 17, §17.1.

 

Redmond , Washington

Dated:  September 10, 1998               _/s/_______________________

                                                              Alan R. Krebs, Arbitrator

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.