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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