STATE OF OHIO STATE EMPLOYMENT RELATIONS BOARD …
Mon, 11/11/2019 03:23:14 PM SERB
STATE OF OHIO
STATE EMPLOYMENT RELATIONS BOARD
In the Matter of
Conciliation Between:
CITY OF WESTLAKE, OHIO
-and-
OHIO PATROLMEN¡¯S BENEVOLENT
ASSOCIATION
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Case No. 2018-MED-11-1192
Jonathan I. Klein,
Conciliator
______________________________________
LAST BEST OFFER AWARD
______________________________________
Appearances
For the Union:
For the City:
Dominic D. Saturday, Esq. - Attorney
Tracy Sheldon - Dispatcher
Jared Schubert - Corrections Officer
Knis Langel - Dispatcher
Elise Hara Auvil, Esq. - Human Resources
Manager
Dennis M. Clough - Mayor
Prashant Shah - Finance Director
Date of Issuance: November 11, 2019
Mon, 11/11/2019 03:23:14 PM SERB
SERB Case No. 2018-MED-11-1192
I. PROCEDURAL BACKGROUND
This matter came on for hearing on September 12, 2019, before Jonathan I. Klein,
appointed as conciliator pursuant to Ohio Revised Code Section 4117.14 (D)(1) and Ohio
Administrative Code Section 4117-9-06. The hearing was conducted between the City of
Westlake (¡°City¡± or ¡°Employer¡±), and the Ohio Patrolmen¡¯s Benevolent Association (¡°Union¡± or
¡°OPBA¡±), at the Westlake City Hall located at 27700 Hilliard Blvd., Westlake, Ohio 44145.
The Union is the sole and exclusive bargaining representative of all full-time employees
in the following classifications: correction officers; dispatchers; secretaries; jail matron; and
animal control officer as set forth in Article 2 of the collective bargaining agreement. (Joint Ex.
2). At the time of the hearing there were eight dispatchers; four correction officers; three
secretaries and one animal control officer. (Union¡¯s Pre-Hearing Statement, at 1). The
Employer¡¯s Pre-Hearing Statement indicates that there are nine dispatchers; four correction
officers; three secretaries and one animal control officer. (Employer¡¯s Pre-Hearing Statement, at
2).
The parties engaged in five or six bargaining sessions and reached tentative agreements
regarding some issues. Thereafter, a fact-finding hearing was held before William C. Binning,
Ph.D on May 7 and 31, 2019. Fact-Finder Binning subsequently issued his Findings and
Recommendations report on July 15, 2019. (Joint Ex. 1). The conciliator adopts and
incorporates the parties¡¯ tentative agreements in this Award.
The unresolved issues at impasse are, as follows:
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SERB Case No. 2018-MED-11-1192
Issue 1:
Article 15 - Wages (Dispatchers; Correction Officers; Secretaries;
Animal Control Officer)
Issue 2:
Article 15 - Shift Differential (Dispatchers and Correction
Officers)
Issue 3:
Article 15 - Matron Pay (Dispatchers)
Issue 4:
Article 15 - Training Pay (Dispatchers)
Issue 5:
Article 15 - LEADS Certification Pay (Correction Officers)
Issue 6:
Article 15 - Breath Instrument Operator Pay (Correction Officers)
In selecting the last best offer on an issue-by-issue basis, the conciliator reviewed the
record of the hearing, arguments and evidence presented by both parties, together with their
respective position statements in light of the statutory criteria.
II. LAST BEST OFFER CRITERIA
In resolving the disputed issues, the conciliator has considered the applicable criteria
listed in 4117.14(G)(7)(a)-(f), and Ohio Admin. Code Section 4117-9-06(H)(1)-(6). The
conciliation criteria are enumerated, as follows:
(1)
Past collectively bargained agreements, if any, between the
parties;
(2)
Comparison of the issues submitted to final offer settlement
relative to the employees in the bargaining unit involved
with those issues related to other public and private
employees doing comparable work, giving consideration to
factors peculiar to the area and classification involved;
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SERB Case No. 2018-MED-11-1192
(3)
The interest and welfare of the public, the ability of the
public employer to finance and administer the issues
proposed, and the effect of the adjustments on the normal
standard of public service;
(4)
The lawful authority of the public employer;
(5)
The stipulations of the parties; and
(6)
Such other factors, not confined to those listed in this rule,
which are normally or traditionally taken into consideration
in the determination of issues submitted to final offer
settlement through voluntary collective bargaining,
mediation, fact-finding, or other impasse resolution
procedures in the public service or in private employment.
III. FINDINGS OF FACT AND SELECTION OF LAST BEST OFFER
Introduction
The City is a westside suburb of Cleveland located approximately 12 miles from
downtown with a population of nearly 33,000 residents. According to the Union, the City is an
affluent suburb with a significant commercial, corporate and service-sector tax base. It notes that
Crocker Park is the City¡¯s largest development and numerous national and multi-national
companies are located in the City.
The City¡¯s largest source of revenue is income tax, and the Union points out that income
tax revenues increased 5.3 percent in 2018. Additionally, withholding taxes increased by 7.3
percent and individual tax collections increased by 6.3 percent in 2018. Over the past five years,
collections have increased by 7 percent as a result of local business expansion and the relocation
of American Greetings. During this same period, the City had sizeable operating surpluses. The
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SERB Case No. 2018-MED-11-1192
Union notes that the ending General Fund balance in 2018 was $37 million. Moreover, the
projected ending General Fund balance for 2019 is over $34 million. The record indicates that
General Fund revenue currently exceeds expenditures by more than 20 percent. The
Comprehensive Annual Financial Report for the year ended December 31, 2017, states that the
City is ¡°economically strong and is a highly desirable location to live, work and play.¡± (Union
Pre-Hearing Position Statement, Exhibit 3). There is no doubt that the City is in excellent fiscal
condition.
The Union maintains that the eight full-time dispatchers are the vital link between the
City¡¯s citizens and first responders. The dispatchers handle both emergency and non-emergency
calls, as well as route all Westlake radio traffic. Additionally, the dispatchers route fire and EMS
calls to WestCom¡¯s Dispatch Center and remain on the line to send police assistance if necessary.
The Union notes that the dispatchers provide police officers in the field with the information they
need by using internal and external resources and databases. The dispatchers help to keep the
community safe by gathering and sending various data including warrant files, missing person
reports, driving infractions and criminal histories. The record reveals that the Dispatch Center
handed over 28,000 calls for service in 2018. (Union Pre-Hearing Statement, Exhibit 2).
However, for almost 20 years, the roster of the Dispatch Center has remained well below
its target and the City has struggled to retain new dispatchers under the current wage scale
contained in the contract. According to the Union, the City is just a ¡°stepping stone¡± and it
wastes a significant amount of resources training new dispatchers who then leave for higher
paying jobs in other westside suburbs.
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