And
City
of
Fact
Findings
Arbitrator: John Cronin
Date
Issued:
Arbitrator:
Cronin; John
Case #: 01129-F-77-00056
Employer:
City of
Date Issued:
STATE OF
BEFORE
THE PANEL OF FACT-FINDERS
IN RE: )
THE CITY OF
)
Employer ) CASE
NO. 1129-F-77-56
)
and )
)
INTERNATIONAL ASSOCIATION OF )
FIREFIGHTERS, AFL-CIO, )
)
________________________________ )
FACT-FINDERS' REPORT,
FINDINGS AND RECOMMENDATIONS
I. BACKGROUND
The Fact-finding Panel was
composed of John Cronin (Impartial
Fact-finder and Chairman),
Sharon Green (Employer's member), and
Larry Codiga
(
This fact-finding proceeding
arose out of an impasse in negotiations
between
the City of
hearing
was held pursuant to Section 41.56.440 of the Revised Code of
The current collective
bargaining agreement between the parties is
due
to expire on
A hearing in this matter was
held on
fighters
Local 864 was represented by Larry Weiss.
The Impartial Fact-
finder
wishes to express his appreciation to the other panel members
and
to the representatives of the parties for their cooperative and
expeditious
processing of this matter. Both parties
ably presented
evidence,
answered the panel's questions, and persuasively argued
their
positions. Both parties filed helpful
briefs which have been
duly
considered.
The Fact-finding panel met on
consider
the presentations. Listed below are the
issues in dispute,
some
of which bear the panel's unanimous recommendation. The remainder
bear
the impartial Fact-finder's recommendation.
II. MATTERS AT ISSUE
1.1 Proposal
Article
III of this existing collective bargaining agreement.
Firefighters would require the
City to fill all vacancies within
a
reasonable time.
1.2 Comment
The panel finds that this
matter is a safety factor already
covered
by the manning clause (Article XX).
1.3 Recommendation
The panel unanimously
recommends that the proposal be
rejected.
2.1 Proposal
Article IV, Section 1-B. City would change 40 hour week
to exclusive
of lunch period of headquarter's personnel.
2.2 Recommendation
The panel unanimously
recommends the proposal be accepted
provided
the parties have a further understanding that the
personnel
are ordinarily not subject to call, but if used in an
emergency
during their lunch period, will receive remuneration
at
the rate of time and one half.
3.1 Proposal
Article IV, Section 1-D. The City would change shift
hours
of fire suppression personnel to a 10/14 shift in which a
firefighter
would work ten hours a day for five days, take two
days
off, work fourteen hours a day for five days and take three
days
off.
3.2 Positions of the
Parties
The City argues that the
change will result in a more
efficient
allocation of manpower and will result in a 47.3 hour
week. The Firefighters argue that a change from the
current
24 hours on and 48 hours off,
at this time, would be disruptive of
1978 vacation schedules, and
is concerned that the conse-
quences of the change have not been fully explored.
3.3 Comment
The parties had apparently
agreed earlier in their nego-
tiations to a tentative clause similar to the
instant one. The
City backed off when it was
discovered that an additional ten
persons
would have to be hired. The City
understandably revised
their
proposal to obviate this additional expense.
The Fact-
finder
believes the City should not be unduly restricted in
seeking
more efficient scheduling of hours. I
note also that
similar
scheduling has already been introduced in
Tacoma, and Everett, three of this cities that the parties have
stipulated
as "comparable cities."
3.4 Recommendation
The Fact-finder recommends
that the parties adopt the
proposed
10/14 schedule; however, such a clause should include
a
provision to permit either party to reopen the issue after
one
year from the contract's initiation so that the parties may,
if they choose, meet
and negotiate whether the 10/14 schedule
should
be altered or replaced by the old schedule.
4.1 Proposal
Article IV, Section 1-D. The City proposes the extension
of
training hours.
4.2 Position of the Parties
The City believes it is unnecessarily
restricted by the
current
contract language limiting training hours from 0800 to
1630
exclusive of weekends. The
City complains that it is unable
to
schedule sufficient hours to maintain its training standards.
Moreover, the new schedule
would fit into the 10/14 shift
schedule. The Firefighters argue that the expansion of
training
hours
would subject the personnel to exhaustion, to the detriment
of
their firefighting readiness.
Furthermore, excessive drilling
could
be used as a means of harassment. In
regard to weekends,
the
Firefighters contend that traditionally, Saturday and Sunday
are
devoted to equipment maintenance.
4.3 Comment
It is obvious that given a
10/14 shift schedule, the parties
would
need a revised training schedule. On the
other hand, it
should
be no more disruptive of past practice than necessary.
Moreover, the Firefighters'
concern over one entire shift
being
subject to training is understandable
4.4 Recommendation
The Fact-finder recommends the
extension of the training
period
from 0800 to 2200 hours Monday through Friday; provided,
however,
that no more than six training hours be required of
any
one shift.
5.1 Proposal
Article VI, Section 1. The City proposes the elimination
of
conferences in good faith within the meaning of the Section.
5.2 Recommendation
The Panel unanimously
recommends the retention of existing
language.
6.1 Proposal
Article VI, Section 1. The City seeks a voucher system
for
uniform purchase instead of the current $350.00 lump sum
payment.
6.2 Comment
The Firefighters made a
counterproposal that if management
is
concerned about appearance, they would submit to periodic
inspection.
6.3 Recommendation
The Panel unanimously
recommends the retention of the
existing
uniform allowance, with additional language in the
paragraph,
to wit:
a. recognizing that there is an
existing dress code
promulgated
by the Fire Department.
b. providing that there be a
periodic inspection to
monitor
the appearance of uniforms worn by the employees.
c. the replacement of uniforms
the chief feels are sub-
standard
will be the responsibility of the employee.
7.1 Proposal
Article VI, Section 3. The Firefighters propose an increase
in
the premium pay schedule and the addition of the classification,
"Fire
Inspector," to the schedule. The City proposes the deletion
of
all premium pay except for Aid Car Personnel, with no increase
in
the latter.
7.2 Positions of the
Parties
The Firefighters produced
documents indicating that in the
past,
Driver Operators in the Fire Department received premium
pay
commensurate with the Police Department "Motorcycle Operator"
classification,
albeit the two positions are not identical.
Current figures show the
Motorcycle Operator receiving $55.00
per
month premium pay while the Driver Operator remains at $25.00.
The Police Training Officer
receives $55.00 per month, whereas
the
Firefighters Training Officer receives $40.00 per months. The
Firefighters argue that these
figures as well as the premium pay
for
relief Driver Operators and Aid Car Personnel should rise
with
the cost of living. The Firefighters
would add the Fire
Inspector category to the
premium pay schedule, arguing that they
require
special skills and bear extra responsibilities as do the
other
categories. The City would delete all the
premium pay
except
for Aid Car Personnel, contending that their skills are
no
different than other personnel of similar rank.
7.3 Comment
The Firefighters have
convincingly shown that the Driver
Operators have an abundance of
extra duties and responsibilities
warranting premium pay. The City has failed to show sufficient
justification
for removing this established practice.
Nor has
the City established
a case for deleting Training Officer,
a
position of obvious responsibility. In
the comparative cities
there
is no consistency in regard to premium pay, four out of
ten
having none at all, but two that do, include inspectors.
Consistency would dictate
their inclusion herein. Moreover, in
the
past, when inspectors worked out of the Fire Department in
Renton, they were
included. At this time Premium pay in
the
Fire Department is far behind
the Renton Police Department. In
determining
an appropriate premium pay the Fact-Finder must con-
sider the rise in cost of living since the last
contract was
negotiated.
7.4 Recommendations
The Fact-Finder recommends
that the parties adopt the
following
premium pay schedule:
A. Driver Operator -- %55.00
per month
B. Relief Driver Operator --
shift percentage of Driver
Operator premium
C. Training Officer -- %55.00
per month
D. Aid Car Personnel:
$3.50 per 14-hour shift
$2.50 per 10-hour shift
(or $6.00 per
24-hour shift)
E. Fire Inspector -- $25.00
per month
8.1 Proposal
Article VI, Section 4. The Firefighters propose to
compensate
firefighters at an Officers rate of pay when
assigned
as a temporary replacement.
8.2 Positions of the
Parties
The Firefighters contend that
the city has abused the
original
intent of Section 4 by using acting Officers on a
long
term basis when an opening arises, rather than limiting
the
practice to fill in for temporary absences due to sickness
or
disability. Thus the replacement
receives only two hours
overtime
per shift rather than the Officers rate of pay.
The City requests this issue
be set aside by the Panel, con-
tending
it was not part of the regular negotiations, and the
City was not prepared to make
a presentation.
8.3 Comment
The original contract clause
appears to cover temporary
situations
and the use of it to fill vacancies would be an abuse
of
the parties' intentions. Since this item
is a
latecomer
in the negotiations and the City was not prepared
to
proceed on it, the parties should discuss it further.
8.4 Recommendation
The Fact-finder recommends
this issue be set aside for
further
negotiations. The Fact-finder recommends
further,
however,
that the parties seek to limit potential abuse of
the
Article either by adopting the Firefighters' proposal or
by
limiting the duration of working out of classification at
the
current rate and moving to an hour for hour basis after a
given
number of shifts.
9.1 Proposal
Article VII. Both parties propose sick leave incentives.
9.2 Position of the Parties
The Firefighters would grant a
day off to employees who
use
three or less sick days per year. The
City agrees on an
incentive
principle, but only if it is tied to the 10/14
work
schedule.
9.3 Comment
The record shows that the
Renton Police already have such
a
term in their contract. Moreover, both
parties view it as
desirable
but the City would use it to sweeten the effect of
the 10/14 plan.
9.4 Recommendations
The Fact-finder recommends the
adoption of the Fire-
fighters'
proposal. If the shifts change to the
10/14 plan,
the
incentive day should be adapted to same.
10.1 Proposal
Article VIII. The Firefighters propose double-time for
working
on Thanksgiving and Christmas. The City
proposes
that
the days off for holidays in current contract be con-
formed
to the 10/14 schedule.
10.2 Positions of the
Parties
The Firefighters allude to the
fact that the Police
and
other City employees already have tis benefit. More-
over,
the fire suppression personnel spend the entire twenty
four
hours away from their families on these "family oriented"
holidays. The City argues that double pay is
unwarranted
because
firefighters get days off around the holidays.
10.3 Comment
The Renton Police receive a
day off in lieu of
Thanksgiving and Christmas
plus double time for working those
holidays. Other City employees have similar
benefits. No
justification
is seen in denying these benefits to the
Firefighters.
10.4 Recommendation
The Fact-finder recommends
that the parties adopt the
following
language:
Any employee who is required
to work the
following
listed holidays shall be paid double
the
base rate in addition to receiving a day
off
in lieu of that holiday:
A. Thanksgiving
B. Christmas
11.1 Proposal
Article IX. The City proposes to delete the educational
allowance.
11.2 Positions of the
Parties
The City considers it
undesirable to pay for tuition and
books
toward a fire-related degree and then to also pay the
educational
incentive for the degree (Article X).
The City
would
retain the incentive and delete the allowance.
The
Firefighters argue that
numerous firefighters take non-
matriculating
courses that help their skills but would not
qualify
them for an incentive.
11.3 Comment
The educational allowance and
incentive clauses are
relatively
new to the contract. The allowance cost
the City
about
$2000.00 during the past year. This is a
clause that
appears
to be of benefit to both parties and has hardly been
given a
chance to prove itself.
11.4 Recommendations
The Fact-finder recommends
retention of the existing clause.
12.1 Proposal
Article X. The Firefighters seek 1% incentive pay for
holders
of an EMT certificate.
12.2 Positions of the
Parties
The Firefighters believe that
adding the category of
Emergency Medical Technician,
or EMT, to the educational incentive
list
will encourage firefighters to gain or maintain an EMT
rating
and thus be of greater assistance to accident victims.
The City counters that
personnel assigned to the aid car crew
already
receive a shift premium, thus compensating many of the
EMTs since the latter is a
condition to assignment. Moreover,
the
City argues there is no shortage of EMTs and the City
is
not
seeking an increased number.
12.3 Comment