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Success in Interest Arbitration Awards
Multnomah County prevailed in interest arbitration with both the Multnomah County Corrections Deputies Association (MCCDA) and the Juvenile Custody Services Specialists Unit (JCSS) in awards issued, respectively, in September and October of this year.
Under the state’s Public Employees Collective Bargaining Act (PECBA), certain emergency and public safety personnel are prohibited from striking (ORS 243.736). The Multnomah County Corrections Deputies Association (MCCDA) and AFSCME’s Juvenile Custody Service Specialists (JCSS) unit are deemed non-strikeable under that provision and are permitted to pursue binding interest arbitration when negotiations for a successor bargaining agreement or a reopener are unsuccessful. In interest arbitration, a neutral third party resolves bargaining impasses by dictating the some of the terms of the parties’ collective bargaining agreement. The interest arbitrator in Oregon is obligated to award either the employer’s last best offer (LBO) or the union’s LBO and does not have the authority to blend the parties’ proposals. The arbitrator’s award, once issued, becomes new contract language for the parties.
The County and MCCDA went to interest arbitration—which involved a four-day hearing from May 13-16 before Arbitrator Katrina Boedecker—when they were unable to come to a negotiated agreement for a limited reopener for FY 2008. The parties had jointly reopened wages and health insurance along with two additional articles in accordance with the language of their 2004-2010 CBA. The County had reopened Article 10 (Sick Leave) for the purpose of addressing sick leave verification and sick leave abuse language.
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The County also opened Article 15 (Hours of Work) for the purpose of capping the total amount of compensatory time that an employee could use and accrue in the course of a year, in addition to curtailing the inequitable distribution of time off opportunities among bargaining unit members. With respect to wages, the County proposed a 2.7% increase for FY 2008. The County also proposed a 1.5% non-retroactive Uncontrolled Environment (UNET) premium for those members who obtain UNET certification which positively impacts safe operations of the jails. All of the above, in addition to the County’s health care proposal, were included in the County’s LBO which was upheld by Arbitrator Boedecker in her September 15, 2008 award.
The County and JCSS were also unable to reach agreement on a successor CBA after their existing CBA expired on June 30, 2007. The parties agreed to a number of articles including health care, but wages and the length of the successor agreement were in dispute when the parties went to interest arbitration. The two-day hearing was held August 18th and 19th before Arbitrator Norman Brand.
The County proposed a 2.7% wage increase for FY 2008 and a 3.8% increase for FY 2009. The County further proposed a third year for the successor CBA with wages based on CPI-W Portland 2nd Half with a minimum of 2.0% and a maximum of 5.0%. Furthermore, the County proposed shift differential increases of $0.25/hour for both swing and graveyard/relief shifts. All of the above were incorporated in the County’s LBO that was awarded by Arbitrator Brand on October 14, 2008. The new contracts are in the process of being proofed and readied for printing, and will be available both in print and on the Labor Relations website in the next few weeks.
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