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HomeMy WebLinkAbout1776 ResolutionRESOLUTION NO. 1776 A RESOLUTION of the Pasco City Council declaring its support for the elimination of mandatory interest arbitration for uniformed personnel and requesting the Association of Washington Cities to make the elimination of compulsory interest arbitration a top priority legislative effort. WHEREAS, RCW 41.56.430 declares that: "The intent and purpose of this 1973 amendatory act is to recognize that there exists a public policy in the State of Washington against strikes by uniformed personnel as a means of settling their labor disputes; that the uninterrupted and dedicated service of these classes of employees is vital to the welfare and public safety of the State of Washington; and to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes."; and WHEREAS, RCW 41.56.450 establishes compulsory interest arbitration as the means of settling disputes between cities of 15,000 or more and their uniformed personnel; and WHEREAS, the institution of compulsory interest arbitration presents a number of public policy concerns as recognized by the Washington State Supreme Court in Klauder vs. Deputy Sheriff's Guild, 107 Wn.2d, 388, 343 (Dec. 1986), where the court states in pertinent part: The possibility of the perpetuation of interest arbitration presents a number of public policy concerns: first, a party, having once agreed to the provision, could find itself locked into the procedures for as long as the bargaining relationship endures. This could work to the unfair benefit of one party if the arbitrators were favoring its position and to the extreme detriment of the other. To lock either labor or management to unfriendly arbitrators for negotiation after negotiation would be intolerable. Second, the possibility exists that the tendency of arbitrators would be to continue including I' -2- such an interest arbitration provision for the perpetuation of their own interest and not for the benefit of the parties. Third, the existence of self-perpetuating systems could lessen the incentives to bargaining in good faith toward an agreement since the parties would have the availability of arbitration on all matters and could rely upon arbitration to resolve differences when the parties should have resolved them themselves. As noted in NLRB vs. Columbus Printing Pressmen, Union 252, 543 Ped.2d 1161, 1170 (5th dr. 1976): However, the perpetuation of contract arbitration clauses in successive contracts may well serve to increase industrial unrest. Under contract arbitration, an outsider imposes contract terms, perhaps, as here, unguided by any agreed-upon standards. In these circumstances, a disappointed party can readily believe that the arbitrator lacked appreciation of its needs or failed to apply appropriate standards, for example, "fair wages." this is particularly the case where the disappointed party was opposed to having a contract arbitration clause in the bargaining agreement, but felt "stuck with it" upon an arbitrator's award that the term be continued. The result is that a party's dissatisfaction with an award may be aggravated by doubts about its legitimacy. Fourth, the possibility that one party will feel aggrieved by a contract arbitration award increases as the parties move from contract to contract. Columbus Pressmen. and -3- WHEREAS, the legislative requirement of compulsory arbitration for bargaining units of uniformed personnel has in fact created an intolerable situation that has in fact created a self-perpetuating system to which public employers are locked into lessening the incentives to bargain in good faith towards an agreement, creating a preferentially-treated class of public employees which serves to increase unrest in the public work place and prohibits local decision makers from weighing their own local public safety needs and local welfare against the possibility of a strike by uniformed personnel; and WHEREAS, the provisions of RCW 41.56 other than those imposing mandatory interest arbitration for uniformed personnel provide a solid base for public employees and their bargaining units of uniformed personnel to bargain in good faith to reach agreement on matters concerning wages, hours and working conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO RESOLVE AS FOLLOWS: 1. That compulsory interest arbitration created by RCW 41.56.430 et. seq. presents a number of public policy concerns, has created a superior class of public employees, and unnecessarily abrogates local decision making and, therefore, should be legislatively repealed. 2. That "uniformed personnel" should be treated the same as non-uniformed personnel under Ch. 41.56 RCW, with no greater or lesser rights. 3. The Association of Washington Cities should make the repeal of compulsory interest arbitration for bargaining units of uniformed personnel a top priority legislative effort in 1988 and, if necessary, in the years thereafter until successfully repealed. DATED this 7 day of May, 1987. -4- JOE W. JACKSON, Mayor APPROVED AS TO FORM: 4 0:01 VA)) YN WELLS, City Clerk GREG VUBSTELLO, i y Attorney