THE MATTER OF THE INTEREST ARBITRATOR'S ARBITRATION BETWEEN OPINION & INTEREST AWARD CITY OF PORT ANGELES RECEIVED OLY'i.'1PIA WA "THE CITY" or "THE EMPLOYER" APR 2 2 2014 AND PUBLIC EMPLOYMENT TEAMSTERS 589 - CITY OF PORT RELATIONS COMMISSION ANGELES POLICE DEPARTMENT "TEAMSTERS 589" OR "THE UNION" HEARING: December 5, 2013 Port Angeles, Washington HEARING CLOSED: February 14, 2014 ARBITRATOR: Timothy D.W. Williams 2700 Fourth Ave., Suite 305 Seattle, WA 98121 REPRESENTING THE EMPLOYER: Bruce Schroeder, Attorney Bob Coons, HR Manager City of Port Angeles Abbi Gates, HR Analyst City of Port Angeles Byron Olson, CFO City of Port Angeles REPRESENTING THE UNION: Michael McCarthy, Attorney Dan Taylor, Union Business Representative Sky Sexton, Port Angeles Police Officer Brian Stamen, Port Angeles Police Officer APPEARING AS WITNESSES FOR THE EMPLOYER: Bob Coons, HR City of Port Angeles Byron Olson, City of Port Angeles APPEARING AS WITNESSES FOR THE UNION: Dan Taylor, Union Michael McCarthy, Attorney Award Summary: Interest Arbitration between City of -Port Angeles and Te amste rs 839, pg. 1
EXHIBITS Comparab1e Agencies Co11ective Barqaininq Agreements 1. Aberdeen CBA 2. Anacortes CBA 3. Camas CBA 4. Centralia CBA 5. Oak Harbor CBA 6. Tumwater CBA 7. Wenatchee CBA Emp1oyer 1. State of Washington Revised Code of Washington (RCW) 2. Washington Administrative Code (WAC) 3. Current ·Collective Bargaining Agreement 4. PERC Letter Certifying Issues 5. Employer's Proposal 6. Union Proposal 7. Agency Description 8. Organizational Chart 9. Employee Roster 10. Employer's Methodology 11. Population Served of ,Comparables 12. Assessed Valuation Comparisons of Comparables 13. Sales Tax Comparisons of Comparables 14. Washington Population, assessed Valuation and Sales Tax Data 15. Clallam County Local Area Profile 16. Chelan County Local Area Profile 17. Clark County Local Are Profile 18. Grays Harbor County Local Are~ Profile 19. Island County Local Area Profile 20. Lewis County Local Area Profile 21. Skagit County Local Area Profile 22. Thurston County Local Area Profile 23. Geographic Location of Comparables 24. Presence of Comparables in Central Puget Sound Area 25. Financial Conditions 26. June 26, 2012 Mid-Year Report 27. Quarterly Update on Budget Status, 4t~ Quarter 2012 28. Quarterly Update on Budget Status, 1st Quarter 2013 29. Quarterly Update on Budget Status, 3rd Quarter 2013 30. October 23, 2012 Presentation to Teamsters re 2013 Operating Budget 31. November 12, 2012 Presentation re 2013 Budget 32. November 10, 2013 Presentation re 2014 Budget Award Summary': Interest Arbitration between City of Port Angeles and Teamsters 839, pg. 2
33. GFOA Best Practice Memo, Appropriate Level of Unrestricted Fund Balance 34. Cost of Proposals 35. Retail Sales Comparison - sequim, UGA, and Port Angeles . East Side 36. Limits on Use of Utility Funds for General Fund Obligations 37. Sales Tax Comparison with Sequim Union 1. Current Seniority List 2. Current Wage Scale 3. Top Step Base Wage/Years to Top Step - Officer 4. Real Wage - New Hire Officer 5. Real Wage - Median Seniority Officer 6.3 Years 6. Real Wage - 10.4 Year Officer 7. Real Wage - Most Senior Officer - 25.9 Years 8. Real Wage Including Social Security and Deferred Compensation - New Hire Officer. 9. Real Wage Including Social Security and Deferred Compensation - Median Seniority Officer - 6.3 Years 10. Real Wage Including Social Security and Deferred Compensation - 10.4 Year Officer ·11. Real Wage Including Social Security and Deferred Compensation - Most Senior Officer 25.9 Years 12. Top Step Base Wage, 1 Year to Top Step - Corporal 13. Real Wage - Least Senior Corporal - 14.7 Years 14. Real Wage - Median Seniority Corporal - 17.5 Years 15. Real Wage - Most Senior Corporal - 24.1 Years 16. Real Wage Including Social Security and Deferred Compensation - Least Senior Corporal - 14.7 Years 17. Real Wage Including Social Security and Deferred Compensation - Median Seniority Corporal - 17.5 Years 18. Real Wage Including Social Security and Deferred Compensation - Most Senior Corporal - 24.1 Years 19. Top step Base Wage, 1 Year to Top Step - Sergeant 20. Real Wage - Least Senior Sergeant - 14.7 Years 21. Real Wage - Median Seniority Sergeant - 20.3 Years 22. Real Wage - Most Senior Sergeant - 25.9 Years 23. Real Wage Including Social Security and Deferred Compensation - Least Senior Sergeant - 14.7 Years 24. Real Wage Including Social Security and Deferred Compensation - Median Seniority Sergeant - 20.3 Years 25. Real Wage Including Social Security and Deferred Compensation - Most Senior Sergeant - 25.9 Years Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, pg. 3
26. Social Security and Deferred Compensation - Comparison Jurisdictions 27. MOU - Deferred Compensation, 5/16/95 28. Withdrawn 29. History of Raises, 2004 - 2014 30. Medical Premium Sharing 31. Education Pay - Officers 32. Education Pay - Corporals 33. Education Pay - Sergeants 34. Wilkinson's Decision, 11/15/99 BACKGROUND The City of Port Angeles (The City) and Teamsters Union Local 589 - City of Port Angeles Police Department (Union) have a collective bargaining relationship. The 2008-10 collective bargaining agreement (CBA) expired on December 31, 2010. The Parties agreed to extend the agreement through 2011. They are in the process of completing the negotiations for a successor agreement that would be effective January 1, 2012. Negotiations have been unsuccessful at resolving all issues. Under the State of Washington pub1ic sector collective bargaining statute, the instant bargaining unit has acces·s to interest arbitration in order to · resolve a continuing dispute over the terms of a collective bargaining agreement. The Parties can proceed to arbitration on issues certified by the Public Employment Relations Commission (PERC) . By letter dated April 26, 2013, PERC certified six issues for arbitration: Article IV, Compensation, Section A: Wages Article IV, Compensation Section G: Education Incentive Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, pg. 4
Article V, Paid Leave, Section B: Article V, Paid Leave, Section C: Article VI, Health Benefits Article VII, Grievance Procedure In accordance with WAC 391-55-205, to name one partisan Arbitrator arbitration panel. Part one (1) of the cited code provides that "The use of partisan arbitrators neither Party has notified the appointee within fourteen days certification of issues for interest Parties' principal representatives shall then select the neutral chairperson". Both Parties waived arbitrators and Arbitrator Timothy Williams neutral chairperson. For the purposes terms "neutral chairperson" and "arbitrator" shall be interchangeable .. December 5, 2013 in Port Angeles, both Parties had full opportunity examine and cross-examine sworn evidence, and make arguments in support of their positions. At hearing the Parties . informed three of the six issues were still in dispute Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, Sick Leave Holidays each Party had the right to serve as a member of an shall be deemed waived if executive director of its following the issuance of a arbitration, and the the use of partisan was selected as the of this document, the "interest arbitrator" or A hearing was held on Washington. At the hearing, to make opening statements, witnesses, present documentary the Arbitrator that only and the hearing pg. 5
.proceeded with both Parties presenting its position on each issue. The three include: Article IV, Compensation, Secti·on A: Article IV, Compensation Section G: Article VI, Health Benefits RCW41. 56. 450 requires that a shall be taken. For this requirement an official transcript of the proceedings was made and a copy provided to the parties and one to the Arbitrator. The Parties closing arguments, by February 14, The briefs were timely received declared the hearing closed on Arbitrator requested and was granted filing the final decision until Friday, April 4, INTEREST ARBITRATION OVERVIEW Interest arbitration is a process public sector for bargaining units that provide critical public services and whose work is deemed essential Police, fire and prison guards usually fall into this category and interest arbitration is granted by statute in exchange for a prohibition against a work stoppage provide for interest arbitration criteria that the arbitrator must Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, evidence in support of Wages Education Incentive recording of the proceed.ings agreed to submit written 2014, in the form of briefs. by the Arbitrator and he February 14, 2014. The an extension of time for 2014. commonly used in the for public safety. {strike) . The statutes that inevitably include a set of use in fashioning his or her pg. 6
decision. The State of Washington follows this model in that it does provide for interest arbitration and in forth the following criteria for uniformed personnel: (1) In making its determination, mindful of the legislative purpose 41.56.430 and, as additional to aid it in reaching consider: (a) The constitutional and statutory authority of the employer; (b) Stipulations of the parties; (c) The average consumer services, commonly known as the cost of living; (d) Changes in any of through (c) of pendency of the proceedings; (e) Such other factors, under (a) through are normally or consideration in hours, and conditions of employment. The Arbitrator's opinion and given careful consideration to the above criteria, by-issue basis. The Arbitrator's interest award is based careful analysis of the evidence the hearing, as well as the arguments briefs. On each of the three issues, forth the position of the Parties, arguments, the basis. of the Arbitrator's award and the award~ As is true in most interest arbitration proceedings, record in the instant case is presenting extensive documentary and testimonial evidence. Award Slirnmary: Interest Arbitration between City of Port Angeles and Teamsters 839, RCW 41.56.465 sets the panel shall be enumerated in RCW standards or guidelines a decision, the panel shall prices for goods and the circumstances under (a) this subsection during the and not confined to the factors (d) of this subsection, that traditionally taken into the determination of wages, awards are submitted, having on an issue-on a and argument presented during found in the written the Arbitrator will set a discussion of the Parties' the voluminous with both Parties The pg. 7
Arbitrator has carefully reviewed this of the above stated statutory criteria. consideration to the whole record, attempt to provide an exhaustive discussion of all points raised or respond to every piece of documentary evidence. discussion will focus on those factors that ultimately were in determining the award. POSITIONS, ARGUMENTS, The Parties' negotiations over resolved all matters with the exception of three first two issues involve wages and the third is concerned with the employee's contribution to the medical benefit. will be presented in sequential order. Artic1e IV, Compensation, Section A: Proposals: Union 1/1/2012 Retroactive increase of 2% 1/1/2013 Retroactive increase of 2% 1/1/2014 Retroactive increase of 2% Discussion: This is a very narrowly defined issue as agreed to increase wages by a retroactive and a retroactive 2% on January 1, Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, evidence in the context While he has given the Arbitrator will not Rather, his key OPINION AND AWARD the successor agreement issues. The The issues Wages City No increase Retroactive increase of 2% Retroactive increase of 2% the Parties have 2% on January 1, 2013 2014. Thus the only point of pg. 8
dispute between the two Parties is whether the Arbitrator should award a retroactive 2% increase effective Janµary City says "no.u It points to bargaining uni ts accepted a wage this Union. The Union sees the matter differently. that comparability issues and the increase for the 2011 year support the retroactive for 2012. The Arbitrator begins his noting that the Parties arguments 1) the efficacy of a two year wage of comparability as a criterion condition. The Arbitrator will for each of these areas. Two Year Wage Freeze The Police Union accepted a wage freeze in 2011 not believe that there are adequate freeze through 2012. In its brief the Union emphasizes that to insist on a second year wage freeze is tantamount the officers for voluntarily accepting the year (U Br 6). While the Arbitrator can see the logic in this argument, is more persuaded by the Employer's Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, pg. 1, 2012. The the fact that other City freeze for 2012 and so should It contends fact that it received no 2% increase discussion of this issue by focus in three general areas: freeze, 2) the significance and 3) the City's financial provide a separate discussion and it does reasons to extend that to punishing freeze in the first he arguments over the role of 9
the interest arbitrator. This arbi tral authority cited by the Employer interest arbitration is an extension of not a substitute {E Br 4&5). As an extension of the bargaining process, the Arbitrator's award should come as close as possible to what the Parties could have achieved at the bargaining table through persistent, good faith outcomes, particularly the financial terms of the agreement, usually driven by economic realities. question is not whether it would cooperative behavior to ·award a second whether the conditions viewed as a second year freeze. Thus, the remainder of this discussion gives consideration to the fact that the City is asking for year freeze. Rather, this analysis is based the arguments for or against a bargaining unit. Comparab1e Wages Comparability is the second arguments related to the issue of a retroactive for 2012. The Union contends that comparability data strongly supports the 2% increase while the City is not Award Summary:_ Interest Arbitration between City of Port Angeles and Teamsters 839, pg. Arbitrator concurs with the that emphasizes that the bargaining process negotiations. Negotiation are Thus the essential be a slap in the face of year freeze but rather whole argue for or against a no particular a second on the merits of 2012 wage freeze for thi~ general focus of the Parties 2% wage increase convinced. The 10
Arbitrator carefully reflected on the Parties arguments evidence provided in support of those following multipoint analysis conclusion. First, the Parties are in comparable jurisdictions against which to compare wages provided to the members of the instant bargaining unit. the list of those jurisdictions with only two being contested. Tumwater Wenatchee Aberdeen Centralia Oak Harbor Anacortes Camas Mountlake Terrace Mountlake Terrace and Centralia comparables with the Union contesting the presence of Centralia and the City contesting the presence of Mountlake Terrace. Arbitrator's review of the evidence finds that neither one does a great injustice to the list jurisdictions similar to Port Angeles with regard to population, assessed valuation and assessed valuation per capita. Second, the Arbitrator notes cons.iderations when looking at the compared to wages of bargaining units ih similar jurisdictions. Award Summary : Interest Arbitration between City of Port Ange les and Teamsters 839, and the arguments and offers the to support his ultimate general agreement as to The following is are the two disputed The when the list is based on that there are actually two wages of a bargaining unit pg. 11
The first is the determination reasonably similar based on whatever criteria The second consideration involves wages of a particular bargaining should the instant bargaining unit be to be at an average or should it lag behind. In the State of Washington, as is amply briefs of both Parties, there is always interest arbitration proceeding over certain factors to push wages up or push wages down. than jurisdictions in close proximity areas. Jurisdictions on the typically pay more than the east side of the mountains. there are other similar factors over The end result is that selecting comparators is extremely difficult. Often cited at interest arbitration is the phrase "apples-to-apples" with the idea that the elusive goal of finding truly disputes, however, usually end up In the instant case, the City objects to Mountlake Terrace which if used make the average wages for the wages paid by · Port Angeles objects to Centralia, which if used Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, that the jurisdictions are are being used. the relationship between the unit and its comparators; a leader, should it seek summarized in the an ongoing debate at an which tend Remote locations pay less to major metropolitan west side of the mountains And, which the parties argue. a set of truly equitable Parties are seeking the equitable comparators. The being of a practical nature. the comparators higher and less comparable. The Union make the average wages for pg. 12
the comparators lower and the wages comparable. The point the Arbitrator is perfect list of comparators and that he is comfortable using the full list of 8 comparators but appropriate position for Port Angeles is to lag slightly behind the average. Lag slightly behind comparators have economic factors that rationally and logically will push their wages higher than Angeles area. Tumwater, Camas and close proximity to a major metropolitan area. the advantage of federal dollars Base and, by way of a commuter ferry, Seattle area. Anacortes, while advantage of an industrial base related to a major oil refinery. The Arbitrator uses the phrase averageH as reflecting the appropriate position of the wages for this bargaining unit compared to comparators. This conclusion is economic considerations _ and geography. lag behind is in the 2% to 3% area and is not intended to mean substantially less than the average. Third, this Arbitrator is measure of comparability has to reflect total Award SUI!Uilary : Interest Arbitration between City of Port Angeles and Teamsters 839, paid by Port Angeles more making is that there is no with the caveat that the because five of the eight wages found in the Port Mountlake Terrace all have Oak Harbor has from the Whidbey Island Naval has close proximity to the remote, has the economic "lag slightly behind the the average of . the eight primarily a reflection of Expressed numerically, completely convinced that the compensation and pg. 13
expressed in a unit of measurement nature of work performed by the police work, this Arbitrator believes measurement is total compensation equation is simple in that the total City to an officer for one· year is divided by the total number of hours worked by that officer during the year. corrects for those jurisdictions that and adjusts for all forms of financial compensation. While the above equation is quite difficult as the comparable terms of the component parts of total compensation. if all elements of the compensation during the year in question, compensation per - hour easier. deferred compensation, such as the leave and vacation accrual, which make the mathematics of total compensation more difficult. possible to create approximations and that can be compared jurisdiction to jurisdiction. -Fourth, the Arbitrator carefully data as set forth by both Parties. the Union's brief the most helpful, focused on a real hourly wage. The Arbitrator paid particular Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, that makes sense for the employees in question. For that the best unit of per hour of work. The compensation paid by the This formula give more paid time off simple, applying it is often jurisdictions all differ in Moreover, package were given out that would make determining However, there are forms of right to accumulate sick Ultimately, however, it is that are reasonably accurate reviewed comparability He found the appendices to particularly that which pg. 14
attention to the Union's assertions understated total compensation for many of the comparables 10-15) . The Arbitrator studied the supporting documents did the math and found support One exception is that Camas gives starting the 11th year of employment assertion of 5.5%. The 5.5% does not take effect until the 2013 contract. In any regard, the 4% City credits to Camas and the 5.5% creates comparability issues for the 2013 contract. Similarly, the Arbitrator notes Union's argument that the Employer's Security is a form of total compensation and must be included in an accurate determination of Arbitrator further agrees with the contribution to Social Security should not it is simply a form of deferred reduce take home pay, that reduction is returned to the employee at the time of pay-out; the contribution personal Social Security account. Ultimately, after giving full data, the Arbitrator finds that essential in order to keep total far behind the comparators. Award Summary : Interest Arbitration between City of Port Angeles and Teamsters 839, that the City's data (U Br and refor most of these assertions. longevity for 2012 of 4% as opposed to the Union's is still more than what the his agreement with the contribution to Social hourly compensation. The Union that the employee's be deducted because c_ompensation. While it does grows the employee's consideration to all of the a 2% increase for 2012 is compensation from lagging too pg. 15
City's Financia1 Condition The final set of the Parties' economic health of the City. The City, at pages its brief, paints a bleak economic picture City's financial condition. Assessed within the City has gone down, unemployment remains high as the rebound from the recent economic expenditures other than wages continue to rise. reviewed the City's arguments testimonial evidence in support of these arguments and found the evidence persuasive. The fact · that units have accepted a two year wage in and of itself, proof positive that financially. The Union urges the Arbitrator financial distress arguments and indicates an ability to pay the modest increase supported by the comparables. The Union notes that the City has only laid off "2 employees of the total work force of around 230" that there has only been a reduction of "about 2007 and 2013" (U Br 25). emphasizes that the City's reserve is close to 20% is required (U Br 25). Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, pg. arguments concerns the 6 through 11 of with regard to the valuation of property sales tax revenue is flat, area has not experienced a downturn and necessary The Arbitrator and the documentary and the other City bargaining freeze (2011 and 2012) is, the Ci_ty is struggling to ignore the City's asserts that the evidence (U Br 24) and 14 FTE's between More importantly, the Union when only 10% 16
Ultimately the Arbitrator considered these factors but did not find them overwhelmingly persuasive context of the evidence put forth by the City. the fact that the City has been reserve is obviously a function of the fact that the management group and the other four bargaining units did take a in 2012. There is a certain amount of irony when thinking about granting a wage increase based on freeze accepted by other groups of City employees. Ultimately the Arbitrator must decision is to grant the 2% wage make it retroactive. This decision additional costs on the City for its overall financial condition. base wages upward and improves the City's position with to the comparable jurisdictions when setting wages 2014. While the evidence is insufficient to give a providing a 2% non-retroactive wage help move wages for this bargaining unit closer to the goal of lagging slightly behind the average for the comparators. Award: 1/1/2012 Non-retroactive increase of 1/1/2013 Retroactive increase of 2% 1/1/2014 Retroactive increase of 2% Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, when viewed in the For one thing, able to maintain a heal thy wage freeze income generated by a wage make a decision and his increase for 2012 but to not imposes no retroactive 2012, which is reflective of However, the 2% increase moves regard for 2013 and firm answer, increase for 2012 should 2% pg. 17
Artic1e IV, Compensation Section G: Proposals: Union AA Degree Change $56 per pay period to 3%. BA Degree Change $85 per pay period to 4% MA Degree New step of 5% Discussion: A review of the comparables incentive is a standard part of agreements and that it is, in almost all cases, percentage of the base wage. incentive premium as a percentage advantage that it does not need to be renegotiated. with each new contract. By retaining the flat rate, to renegotiate it or accept the fact that its value wages grow. The Union requested that the Arbitrator determines that the comparables' would be closer to 2%. By awarding a prospective incentive for the AA, the Arbitrator result, in the short term, in a reduction in the incentive for some officers. The award provides existing benefit until such time as the existing flat rate. Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, pg. Education Incentive City No change No change No Change indicates that the education most collective bargaining expressed as a Expressing the educational of base wage has the added the Parties either have recedes as AA incentive be 3%. The average for the AA 2% educational is aware that it might language to grandfather the 2% incentive exceeds the 18
The Arbitrator did not find persuasive the Union's request for a new educational incentive Such a step is not supported by the provided no persuasive evidence as to how the City would benefit from encouraging its officers to For these reasons the Arbitrator educational incentive step. Award: AA Degree Change $56 per pay period to wage. In the event that benefit reduces the educational incentive for an officer, the higher premium shall continue to be paid until the premium exceeds the flat rate of $56 per pay period. BA Degree Change $85 per pay period to wage. In the event that benefit reduces the educational incentive for an officer, the higher premium shall continue to be paid until the premium exceeds the flat rate of $85 per pay period. Article VI, Health Benefits Proposals: Current Union % Paid 91% City 90% City 9% Employee 10% Employee Discussion: In asking for a 2. 5% ( 9% + employee's contribution towards the the City relies primarily on an internal parity argument and the Award Summary : Interest Arbitration between City of Port Angeles and Teamsters 839, related to a master's degree. comparables and the Union acquire the master's degree. did not award a new MA 2% of the employee's base the implementation of this 2% 4% of the employee's base the implementation of this 4% City 88.5% City 11. 5% Employee 2. 5% = 11. 5%) increase in the Medical Insurance benefit, pg. 19
economic challenges it faces. The these arguments persuasive. The City has and a management/non-represented bargaining units has its own labor contract. areas in which each contract uniquely represents of that particular bargaining group. however, is a common denominator Thus the parity argument is persuasive. The Arbitrator has previously discussed the obvious reality that the City still struggles to fully recover economic downturn and thus its overall particularly good. In this context, employee's contribution towards the medical insurance benefit as a method of helping to offset the significant increase overall cost of that benefit is more than justified. Finally, the Arbitrator is mindful that increasing the contribution from 27.77% increase in the contribution perspective, this is excessive. While the Arbitrator lauds the Union's math, it does not change the fact that moving contribution to an 11. 5% contribution is relatively· modest terms of actual cost shifting. Moreover, small any change can appear large as actual effect is de minimis. For Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, Arbitrator found both of five bargaining units group. Each of the five There are clearly the interests The medical benefit, across all bargaining uni ts. from the recent economic heal th is -not a small increase in the in the of the Union's concern 9% to 11.5% constitutes a rate. From the Union's from a 9% in when the numbers are a percentage even when the example, changing from a 1% pg. 20
contribution to a 2% contribution the contribution rate but only a dollars. Award: The Arbitrator awards the City's position of an increase of 2. 5% to the premium contribution City/11.5% Employee). This interest arbitration award is respectfully submitted on the 4th day of April, 2014 by, Timothy D. W. Williams Arbitrator Award Summary: Interest Arbitration between City of Port Angeles and Teamsters 839, would be a 100% increase in very small increase in actual made by the employee ( 88. 5% pg. 21
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