INTEREST ARBITRATIONS

Kent Fire Fighters Local No. 1747

And

City of Kent

Interest Arbitration

Arbitrator:      Albert L. Gese

Date Issued:   07/24/1979

 

 

Arbitrator:         Gese; Albert L.

Case #:               01867-I-78-00057

Employer:          City of Kent

Union:                IAFF; Local 1747

Date Issued:      07/25/1979

 

 

 

 

 

In the Matter of the Arbitration                    )          

                                                                        )

            between                                              )           Arbitration Award 

                                                                        )          

THE CITY OF KENT                                    )           for

                                                                        )

                        and                                          )           1979 Contract Year

                                                                        )

KENT FIRE FIGHTERS LOCAL #1747    )

________________________________        )

 

 

             Before           

 

Arbitration Panel of:

                       

Albert L. Gese, Chairman

 

James M. Connor, Kent Representative

 

Martin R. Woodin, Union Representative

 

 

Appearances:

 

Representing the Union:

Thomas H. Grimm, Attorney

 

Representing the City:

Gerald Winkle, Finance/Personnel Director

 

Background

 

            The parties engaged in negotiations from May 2, 1978 until

September 15, 1978 for the 1979 contract year.  On the latter date

the parties agreed they were at impasse on the remaining issues

and mediation assistance was requested.  A Mediator was assigned

by PERC and met with the negotiators on October 17, 1978.  The gap

between the City and the Fire Fighters' respective positions was

not bridged in mediation, although there was a willingness by the

City to improve its wage offer.

 

            Thereafter the parties waived the Fact-Finding process and

agreed to submit the disputed issues to arbitration.  The under-

signed was selected by the parties as the neutral Chairman of the

Arbitration Panel.  A hearing subsequently was held on January 25,

1979 at Bellevue, Washington.  Briefs were filed with the Panel

on March 1, 1979.  The Arbitration Panel met and considered the

evidence and the position of the parties.  Thereafter the Chair-

man submitted the following findings, conclusions, decision and

award.

 

The Issues

 

            The issues presented to the Panel on January 25, 1979 were

contract proposals made by the Union that had not been resolved

in direct negotiations.  They were the following:

 

1.)        Repayment of medical deductions and contract language to

prevent such deductions in the future.

 

2.)        Provide for an option on medical coverage between Group Health

and Blue Oross for post-1977 employees as is provided for

pre-1977 Fire Fighters.

 

3.)  Reduction of the work week from 56 hours to 54 hours by the

the addition of four Kelly days.

 

4.)        Additional longevity payments on a percentage basis.

 

5.)        Salary increase.

 

Position of the City

 

            The City contends that the Arbitration Panel must follow the

Guidelines promulgated by the Presidential Council on Wage and

Price Stability.  Even though cities may be excluded from price

standards, the C.W.P.S. has no similar exceptions for the wage

standards.  The only settlements excluded are those labor contracts

signed prior to October 25, 1978.

 

            The City agrees that at one time in the negotiations it pro-

posed to settle on a wage package that exceeded the Guidelines.

The proposal was based on a tandem relation with other city employ-

ees.  The City now argues the proposal is no longer a proper al-

ternative since the tandem relationship with other city employees

was rejected by the Fire Fighters.  The City now feels the Arbi-

tration Panel would exceed its authority if it were to award any

total cost package, including medical and reduction in hours, or

longevity and wages, above the 7% guideline.  The City also denies

that the Kent Fire Fighter has slipped in comparison to Fire Fighters

in comparable cities and would not necessitate any catch-up, as

proposed by the Union.

 

Position of the Union

 

            The Union argues that the Kent Fire Fighters' relative position

to Fire Fighters in comparable cities has deteriorated since 1974.

It would require an 8% adjustment, before the wage increase for

1979 was awarded, to bring about a proper relationship between

the Kent Fire Fighter and the Fire Fighter employed in the com-

parable cities.  Kent is one of the fastest growing communities

in the Snohomish-King County areas, not only in population, but

also in Industry and Commerce.  Therefore, this is the appropri-

ate area for comparison.  In addition, the City has not argued,

and cannot argue, that it does not have the ability to pay the

Fire Fighter the increase he is entitled to.

 

            The Presidential guidelines announced on October 24, 1978 do

not apply to the City of Kent.  The Supreme Court has held in

National League of Cities v Usery, 426 U.S. 833, 96 5. Ct at 2465,

49 L. Ed. 2nd 245, that neither the executive or Congressional

branch of the Federal government had authority to interfere or

regulate the wage rate paid by the state or local governmental

unit.  Further impasse had been reached prior to the issuance of

the Guidelines and, therefore, would not be applicable.  However,

even if the Guidelines did apply, the Union has proven a gross

inequity exists which calls for a catch-up to bring the Kent Fire

Fighter into a relative position previously enjoyed with Fire

Fighters employed in comparable cities.

 

Discussion

 

            In a sense, when the parties to a collective bargaining agreement

decide they cannot reach a settlement and request an Arbitration

Panel to make the decision, they are indirectly adopting the re-

sults of successful bargaining of the cities they agree are a

proper standard for comparison.

 

            Based on the settlements made with other city employees, the

offer made in mediation, and the settlements and rates of pay

enjoyed by Fire Fighters in other cities, the Chairman finds it

difficult to accept the City's argument.  On the other hand, the

same problem comes to mind in respect to the position of the Union.

The Union has made a prima facia case for an increase in wages

above the Presidential Guidelines.  Improvements in the work week

and longevity are also due.

 

            All the evidence pointed to the fact that in both the work

week and in longevity, the Kent Fire Fighter lags far behind his

fellow worker in the comparable cities.  Had the deterioration

since 1974, as claimed by the Union, not come about as a result

of free collective bargaining and which was ratified by the Union

membership, the Chairman would have been persuaded to include a

cost-of-living clause in addition to the wage rate awarded.  The

Union, having been a party to the lower contractual rates, cannot

now expect the Arbitration Panel in one fell-swoop to make up all

the lost ground;  An adjustment to the extent requested by the

Union could feasibly be made on a long term agreement.

 

            The Chairman is satisfied that the evidence supports as large

an increase as was granted the Kent Police Officers.  This, the

Chairman believes, will maintain or somewhat improve the relative

position of the Fire Fighter.

 

Findings and Conclusions

 

1)  Medical Deductions.  The parties are not at issue that the

deduction for dependent coverage is a proper cost in the total

package and is to be taken out of the package.  The Chairman is

in accord with the Union's position that the deductions are an

irritant that good personnel and labor relations dictate should

be avoided by the Employer whether engaged in a commercial or

public enterprise.  The parties are directed to agree on language

which will satisfy the City that the amount of the deduction is

credited to the annual cost package of the settlement; and future

deductions will not be made when the contract expires.

 

2)         Optional Medical Plan for post-1977 employees.  There was an

indication that this issue would be settled by the parties.  If it

has not been settled at the time the Award is submitted to the

parties, it will be covered in the Award.

 

3)         Reduction in the Work-Week.  The Union's request in the reduc-

tion of the work week is based on the fact that the Kent Fire

Fighters presently are averaging 56 hours per week.  It is one of

the longest work weeks among Fire Fighters within the comparable

cities.  The average work week in the comparable cities is 49.8

hours.  The evidence shows that a reduction in hours has been nego-

tiated in recent settlements in the comparable cities.

 

            The Union's proposal to add four Kelly days would reduce the

work week to 54 hours.  This would still leave the Kent Fire De-

partment above the average work week of the comparable cities.

The Chairman concludes and finds that the addition of four (4)

Kelly days is an equitable method for the reduction in the weekly

hours.  This will bring the work week more in line with the Fire

Fighter in the neighboring cities.

 

4)  Longevity Pay.  The present longevity pay is $10.00 after five

years service and $15.00 after ten years employment.  The Union

proposed the payments be brought in line with cities such as Renton,

Auburn, Everett, Seattle, and Tacoma.  These cities, although not

exactly on the same time frame and percentage amount, pay approxi-

mately 2% after five years, 4% after ten years, 6% after fifteen

years, and some pay 8%~ or 9% after twenty years.  (See the Union

exhibit attached.)

 

            No increase has been made in the longevity scale for the Kent

Fire Fighter since 1969.  Although individuals may differ on the

wisdom of longevity pay, it is quite evident that this is a form

of providing additional pay for years of service.  It is also an

acqepted method in city and other public employment.  In this area

the Kent Fire Fighter has not kept pace with his fellow Fire Fighter

employed in comparable cities.  The Chairman, therefore, finds

that an increase in longevity pay is due.  An award of 2% after

five years and 4% after ten years service will be part of the

arbitration award.

 

            The Kent Fire Department, as presently constituted, was started

in 1965.  Consequently, there are no employees that will complete

fifteen years of service in 1979.  Longevity payment beyond the

ten year period will not be determined since it will not affect

any of the present employees.  Any extension beyond the ten years

can be dealt with by the parties in subsequent negotiations.

 

5)  1979 Salary Increase.  The Kent Fire Fighter receives a monthly

salary of $1417.00.  This is to be increased on January 1, 1979

by 11% less a small deduction for increased medical costs.

 

            On a one year contract, it was determined to be less confusing

than a 7% or 8% increase with a cost-of-living clause.  The latter

would result in a higher salary rate at the end of the year but

little, if any, additional take home pay. . On a multiple year con-

tract, a cost-of-living esculator clause could have been incorpor-

ated.

 

            We are mindful that the Award exceeds the Presidential Guidelines.

The Chairman is not persuaded the Guidelines are applicable to the

salaries covered by this arbitration matter.  The increase can be

justified on the grounds that Fire Fighters in the comparable cities

are far above the rate that will be paid the Kent Fire Fighter.

Also, the City made contract settlement with other city employees

that exceed the 7%.  In fact, the settlement with the Police Guild

was 11%.

 

Arbitration Award

 

Effective January 1, 1979, the Kent Fire Department personnel are

awarded:

 

1)         A general salary increase of 11%.

 

2)         Based on the top step of the progression rate, longevity

pay will be paid at the rate of 2% after five years of

service and 4% after ten years service.

 

3)         Four additional Kelly days will be instituted.

 

4)         Increased medical costs for the year 1979 are to be

deducted from the 11% increase.  Deduction made by the

City in respect to the increased costs of the medical

plan are to be reimbursed to the individual employee.

 

Respectfully submitted this

            day of March, 1979   

 

 

ALBERT L. GESE, Chairman

 

JAMES M. CONNER,

Representing the City

 

MARTIN R. WOODIN,

Representing the Fire Fighters

 

LONGEVITY

 

CITY               5 YEARS                    10 YEARS                  15 YEARS                  20 YEARS

SEATTLE       2%                              4%                              6%                              8%

TACOMA      2%                              4%                              6%                              8%

RENTON       2%                              4%                              6%                              8%                 

PUYALLUP    1%                              11/2%                         2%                              21/2%

KENT             $10.00 per mon.          $15.00                         $15.00                         $15.00

                        41/2Years                   51/2 Years                  61/2 Years

AUBURN       2%                              4%                              6%

 

                        4 Years                       8 Years                       12 Years                     16 Years         20 Years

EVERETT      2%                              31/2%                         51/2%                         7%                  9%

 

KENT LOCAL PROPOSAL

 

                        5 Years                       10 Years                     15 Years                     20 Years

                        2%                              4%                              6%                              8%