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In re
(Police
Department)
and
Teamsters Union,
Local 252
Case No.
15864-I-01-366
February 22,
2002
Cite as: 116 LA
(BNA) 1424
Mark S. Downing, Arbitrator
This is an interest
arbitration proceeding under Chapter 41.56 RCW and Chapter 391-55 WAC between
Teamsters Union, Local 252 (Union), and City of Chehalis, Washington, Police
Department (City). The City and Union are parties to a collective bargaining
agreement (agreement) effective January 1, 1998, through December 31, 2000. The
agreement covers approximately 15 employees in the classifications of police
officer and police sergeant.
After the City and union
failed to reach agreement in bilateral negotiations for a successor agreement,
on December 20, 2000, the parties filed for mediation with the Public
Employment Relations Commission (Commission). See Case 15530-M-00-5435. The
matter was not resolved in mediation and on June 19, 2001, Marvin L. Schurke,
Executive Director of the Commission, certified the following issues for
interest arbitration under RCW 41.56.450:
1. Salary schedule [omitted here]
2. Compensatory Time [omitted here]
3. Contact Calls [omitted here]
4. Specialty Pay [omitted here]
5. Detective Clothing
Allowance
6. Longevity Pay [omitted here]
Detectives currently receive
an annual allowance of $540 for clothing. The Union proposes to increase this
allowance to $600, citing several reasons in support of its proposal.
One, while the allowance
has remained at $540 for the last two agreements, the cost of clothing has
increased.
Second, during the term of
the last agreement the City began withholding income taxes from the allowance
in response to an IRS ruling. The Union argues that this action by the City has
effectively reduced the value of the clothing allowance. The City emphasizes
that data from the comparables do not support an increase.
The arguments by the parties focus on two statutory factors: 1)
Comparable conditions of employment; and 2) Other factors normally or
traditionally taken into consideration in bargaining. Agreements from the
comparables provide the following information concerning annual clothing
allowances:
Arlington $400
Burlington 500
Centralia 675
Fernadale 600
Hoquiam 350
Kelso 500
Port Orchard QM*
Poulsbo 555
Sedro-Woolley QM*
Shelton 700
Sumner QM*
Average 535
Chehalis 540
+5
* Quartermaster system where employer replaces uniforms on “as needed basis”.
The current detective
clothing allowance of $540 is $5 above the average allowance provided by the
comparables.
The Union's arguments
relate to other factors normally or traditionally taken into consideration in
bargaining. Clothing allowances based on flat dollar amounts are frequently
increased in negotiations due to inflationary pressures. The Union has a valid
concern that the clothing allowance has not increased in recent years.
The Union's argument concerning
the deceased value of the current allowance due to the withholding of income
taxes is not persuasive. Any ruling by the IRS requiring the City to modify its
withholding practices would apply equally to the comparables.
In determining an appropriate
dollar amount for the detective clothing allowance, the information from the
comparables outweighs the other factors cited by the Union. The Arbitrator must
reject the Union's proposal for an increase in the detective clothing
allowance.
* * *
Based upon the competent, material and substantial evidence on the
whole record, it is the decision of the Arbitrator that the parties' 2001-2002
agreement shall include the following provisions: * * *
2) Detective Clothing
Allowance—section 7.1.4. shall remain unchanged.
* * *
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