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