And
Interested
Arbitration
Arbitrator: Eric B. Lindauer
Date
Issued:
Arbitrator: Lindauer; Eric B.
Case #: 10054-I-92-00216
Employer:
Date Issued:
IN THE MATTER OF THE
ARBITRATION
BETWEEN
) Re: INCENTIVE PLAN
and ) FOR
1992-94 CONTRACT
)
Employer. )
BEFORE
ERIC B. LINDAUER
ARBITRATOR
REPRESENTATION
FOR THE
Daryl S. Garrettson Otto
B. Klein
Hoag Vick Tarantino & Garrettson Attorney
at Law
NATURE OF PROCEEDING
The issue before the Arbitrator is a determination of which of
the
two Incentive Plan proposals submitted by the Guild and the
County should be incorporated
into the 1992-94 Collective
Bargaining
Agreement.
the
parties
to a Collective Bargaining Agreement (the "Agreement")
which
at Section 12.3 provides for the creation of a joint labor-
management
committee to develop a new incentive program to be
implement
on
was
unable to reach agreement on the terms of the new incentive
program
and pursuant to Section 12.3.3 of the Labor Agreement, the
parties
submitted the matter on a last-best-offer basis to
arbitration
for resolution.
The arbitration hearing was held on
1993, at the
Garrettson,
and the Employer was represented by its counsel,
Otto
B. Klein. At the hearing, the parties represented
that the
parties
had complied with the procedural steps of the Labor
Agreement and that the matter
was properly before the Arbitrator.
The parties further stipulated
the Arbitrator would retain
jurisdiction
in this matter for a period of 60 days following the
issuance
of the Order to assist the parties in resolving any
questions
which may arise out of the implementation of the Order.
During the hearing, each party had an opportunity to make
opening
statements, introduce exhibits, and examine and cross-
examine
witnesses on all matters relevant to the issue in dispute.
At the conclusion of the hearing, the parties waived oral
argument
and agreed to submit their closing arguments in the form
of
written post-hearing briefs, which were received by the
Arbitrator
in a timely manner. Upon receipt of the post-hearing
briefs,
the hearing record was closed and the Arbitrator took the
matter
under advisement. The Arbitrator now renders his Opinion
and
Order in response to the issue in dispute.
ISSUE
At the commencement of the hearing, the parties stipulated the
issue
to be decided in this arbitration to be as follows:
__________
Which of the two incentive
proposals should the
Arbitrator adopt, based on the
last best offers of the
parties?
__________
RELEVANT CONTRACTUAL
PROVISIONS
In the opinion of the Arbitrator, the following provisions of
the
Labor Agreement are relevant to determining the issue in
dispute:
__________
ARTICLE 12
INCENTIVE PROGRAM
12.1 For the period from
1993, the current incentive
plan shall continue as
prescribed
by the 1989-1991 Agreement for the unit. Each
incentive
level shall be adjusted by the salary increases
which
become effective prior to
receiving
incentive compensation under that program shall
continue
to receive incentive compensation under that
program
until the effective date of implementation of a
new
program as prescribed by Section 12.6.
12.2 Eligibility for incentive compensation under
Section 12.1 shall be limited
to employees on the program
as
of
three
employees with applications for the program
currently
on file.
12.3 New Incentive Program
12.3.1 The Guild and the Employer agree to create
a
joint labor-management committee to develop a new
incentive
program to replace the former program effective
knowledge,
skill and contribution to the department and
profession
in such areas as longevity, education,
assignments,
job performance and other job related
factors.
This list of factors is not intended to be
exclusive.
The program will be designed, in part, to
further
the department's community policing goals and
philosophy.
The program may provide for incentive
compensation
up to the equivalent of twelve percent (12%)
over
base compensation designed to give levels to strive
for
past the top step of the current pay scale.
12.3.2 The committee will consist of up to four
management
representatives and an equal number of
employee
representatives designated by the Guild. If
approved
by the Sheriff, Board of
and
the Guild's Executive Board, the program shall be
implemented
effective
12.3.3 The Guild and the Employer agree to the
following
schedule for the committee's work.
A. The committee will be formed and shall
commence
work on the development of the new program. The
parties
agree to meet on a regular basis beginning on or
after
pertinent
to an incentive plan. If the parties are
unable
to reach agreement on the issue, the matter shall
be
submitted on a last best offer basis to arbitrator
Eric Lindauer
for hearing on the dates previously
selected
by the parties for interest arbitration before
arbitrator Lindauer. The last best offers shall be
mutually
exchanged and submitted 7 days prior to the
first
day of the hearing. The arbitrator's decision must
be
made within the confines of this Article and the
arbitrator
shall have no authority to grant incentive
compensation
beyond a limit of 10% over base
compensation.
The arbitrator's opinion shall be
effective
arbitration
shall be conducted under the standards set
forth
in RCW 41.56.450.
B. Any modification to the time tables herein
and
approach of the committee shall be mutually agreed in
writing.
__________
INCENTIVE PROGRAM PROPOSALS
1. The following proposed Incentive Program is to be
effective
2. The purpose of the Incentive program is to recognize and
reward
career officers in their contribution to the Department, to
the
community and to law enforcement profession.
3. Participation in the Program is voluntary and limited to
full
time employees of the
members
of the
4. Employees shall be responsible for providing the
documentation
necessary to support their entitlement for an
incentive
under this program. Documentation will be on the forms
provided
by the Sheriff or in such other form acceptable to the
Sheriff.
5. Qualifying activities may be performed on duty time to
the
extent the Sheriff determines that such activities do not
interfere
with the efficient operation of the Department.
6. Procedure for participating in the Incentive Program:
A. Any employee desiring to participate in the program
in
any particular calendar year shall give the Sheriff a
written
notice of intent to participate no later than the
preceding
March 1. Probationary employees shall give such
notice
within one hundred and eighty (180) days of the
commencement
of probation. Said notice shall state the amount
of
program credit the employee intends to achieve during the
ensuing
year and what incentive, if any, the employee would
qualify
for. Failure to give notice will prevent the employee
from
participating in the Incentive Program during the year
for
which notice was required, except an employee already
participating
in the program will be entitled to continue
participation
at the level currently held.
B. Employees who desire credit for prior work
experience,
education or training must submit a written
request
to the Sheriff and may do so at any time. The Sheriff
will
approve the credit that falls within the definitions of
this
article.
7. The incentives provided for herein shall be based upon
work
experience, education and training as defined below:
A. Education. Education points are based on either
quarter
or semester credit units. Units granted by an
accredited
college or university completed with a grade of "C"
or
"Pass," or better and under the requirements of the
granting
institution are applicable toward fulfilling the
requirements
of a degree. Each such quarter unit shall equal
one
(1) education point. Each semester unit shall equal one
and a
half (1.5) education points. College credit may be
counted
toward training points or education points, at the
option
of the employee. One (1) education point is equivalent
to
one (1) training point.
B. Training. Twenty (20) classroom hours of job-
related
training shall equal one (1) training point. Job
related
courses including basic, advanced or supervisory, as
well
as specialized training related to the employee's
occupation,
which have been certified, sponsored, or presented
by
the
Job related training sponsored
by the
Office shall be approved.
Training in other states, military
police
training, and other specialized training may, if job
related,
receive full or partial approval, at the Sheriff's
discretion.
Employees certified by the Sheriff as instructors
may
be receive [sic] training points equal to that of a
participant
in classes in which they instruct. Credit for
repeated
instruction of the same class within a twelve (12)
month
period is not eligible for consideration. Otherwise an
employee may
receive credit for a specific training activity
only
once. Job related training points may be counted as
either
education or training points, at the employee's option.
Fitness training does not
qualify for training points.
C. Work Experience. A job related experience acquired
as a
sworn law enforcement officer with a Municipal, County,
State or Federal law
enforcement agency will be approved. Job
related
experience in fields other than that in which the
employee
is currently engaged, may receive partial credit.
Such determination of credit
shall be within the Sheriff's
discretion.
Employees who have been previously employed by
the
County in an occupation other than that currently held,
may
receive twenty-five percent (25%) of that service with the
County in the former
occupation which exceeds two (2) years
after
completion of their probationary period. For example,
an
employee who has served as a
for
six (6) years prior to becoming a Deputy Sheriff will
receive
one (1) year of credit for the time spent as a Custody
Officer plus one year of
credit for the twelve (12) month
Deputy
probation period.
8. Eligibility for incentive:
A. Employees who meet the following qualifications
will
be eligible to receive an incentive equal to five percent
(5%)
of their straight time hourly wage.
i. Employees possessing a
Bachelor's Degree with
two
(2) or more years of work experience, and who have
completed
the
ii. Employees possessing an AA Degree or equivalent
hours
plus four (4) or more years of work experience, and
who
have completed the
iii. Employees possessing the following combination
of
training and education points, plus years of
experience.
__________
Years of Combination of
Experience Training and
Education points
4 90
5 76
6 60
7 46
8 or more 30
__________
B. Employees who meet the following qualifications will
be
entitled to an incentive equal to ten percent (10%) of
their
straight time hourly wage.
i. Employees possessing a
Master's Degree with
four
(4) or more years of work experience and who have
completed
the
ii. Employees possessing a Bachelor's Degree with
six
(6) or more years of work experience and who have
completed
the
iii. Employees possessing an Associate Degree or
equivalent
hours, plus seven (7) years of work experience
and
who have completed the
iv. Employees possessing the following combination
of
training and education points, plus years of
experience.
__________
Years of Combination
of
Experience Training
and
Education
Points
8 120
9 90
10 80
11 70
12
or more 60
__________
9. The incentives provided for in this Program do not
compound.
An employee may be eligible for either a five percent
(5%)
or ten percent (10%) incentive, but not both.
10. Any dispute concerning the application or interpretation
of
this Program shall be filed and processed as a grievance
beginning
at Step 2 of the Grievance Procedure.
11. Any employee receiving incentive pay under this program
who
has achieved twenty (20) years of service, shall have, for the
purposes
of LEOFF I, said incentive converted to longevity pay.
12. Any employee receiving incentive pay under any
predecessor
to this Program shall continue to receive such pay
until
such time as they qualify for an equal or greater incentive
as
provided herein.