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17 CIR 355 (2012)NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS
APPEARANCES:
Entered June 26, 2012 Before: Commissioners McGinn, Burger, and Spray MCGINN, Commissioner NATURE OF THE PROCEEDINGS: This action was brought by the Washington County Police Officers Association/F.O.P. Lodge 36 (“Union” or “Petitioner”) pursuant to Neb. Rev. Stat. § 48-818. Petitioner is a labor organization as defined by § 48-801(6) (Reissue 2004) and the duly recognized collective bargaining representative for a unit of employees in the sheriff’s office of Washington County (“County” or Respondent”). The bargaining unit includes the classifications of Deputy Sheriff, Investigator, Sergeant, Captain, Corrections Officer, Clerical, Dispatcher, Dispatcher Supervisor, Communications Director, and Food Management, and excluding Sheriff, Chief Deputy, and Reserve Deputy. Petitioner is seeking resolution of an industrial dispute over wages and terms and conditions of employment for the July 1, 2011 through June 30, 2012 contract year. DISCUSSION Array The parties have agreed that the following Nebraska counties be included in the array: Cass, Dakota, Dodge, Gage, Madison, Otoe, Platte, Saunders, Seward, and York. Petitioner has also requested that the array include Harrison County, IA; and Mills County, IA. Respondent contends that the Commission only include the agreed-upon Nebraska counties in the final array. Under Neb. Rev. Stat. § 48-818, the Commission must determine rates of pay and conditions of employment which are comparable to prevalent wage rates paid and conditions of employment maintained under the same or similar working conditions. To accomplish this, the Commission hears evidence from each of the parties concerning the similarity and appropriateness of including the members of each proposed array. The Commission then chooses the array cities which are sufficiently the same or similar. The Commission has discretion to determine what is comparable to the prevailing wage rate. See Lincoln Fire Fighters Ass’n v. City of Lincoln, 198 Neb. 198, 252 N.W.2d 607 (1977). The Industrial Relations Act, however, does not define comparable or specifically direct the Commission in the manner and process of its determination. In Omaha Ass’n of Firefighters v. City of Omaha, the Nebraska Supreme Court stated: “a prevalent [sic] wage rate to be determined by the Court of Industrial Relations must almost invariably be determined after consideration of a combination of factors…Under Section 48-818, R.R.S. 1943, in selecting cities in reasonably similar labor markets for the purpose of comparison in arriving at comparable and prevalent wage rates the question is whether, as a matter of fact, the cities selected for comparison are sufficiently similar and have enough like characteristics or qualities to make comparison appropriate.”
194 Neb. 436, 440-41, 231 N.W.2d 710, 713-14 (1975). Generally, the factors used most often to determine comparability are geographic proximity, population, job descriptions, job skills, and job conditions. See Douglas County Health Dept. Emp. Ass’n v. Douglas County, 229 Neb. 301, 427 N.W.2d 28 (1988). This is a determination of fact and made from the evidence on a case-by-case basis. The Commission is not required to consider every possible array, but seeks one which is sufficiently representative so as to determine whether the wages paid or benefits given are comparable. See Lincoln Co. Sheriff’s Emp. Ass’n v. County of Lincoln, 216 Neb. 274, 343 N.W. 2d 735 (1984). Once the array is chosen, the Commission then establishes prevalent wage rates paid and conditions of employment, determining the overall compensation. The Commission in several instances has expressed its preference for arrays containing more than four or five members whenever possible. See Professional Firefighters Ass’n of Omaha, Local 385 v. City of Omaha, 16 CIR 408 (2011; Douglas County Health Dept. Employees Ass’n v. County of Douglas, 9 CIR 219 (1987). The Commission has held that an array consisting of six to eight members is also appropriate. See O’Neill Educ. Ass’n v. Holt County School Dist. No. 7, 11 CIR 111 (1990); Red Cloud Educ. Ass’n v. School Dist. of Red Cloud, 10 CIR 120 (1989). The use of a particular array in one case does not predicate its use in a different case involving the same parties. See International Ass’n of Firefighters v. City of Grand Island, 9 CIR 43 (1987). Sufficient arrays are chosen after thorough analysis of the evidence presented for each array city proposed by the parties. Harrison County, Iowa and Mills County, Iowa The parties have agreed that the stipulated Nebraska counties of Cass, Dakota, Dodge, Gage, Madison, Otoe, Platte, Saunders, Seward, and York have similar work, skills, and working conditions to the employees within the bargaining unit in this case. In addition to the ten Nebraska counties, Petitioner requests that Harrison County, IA and Mills County, IA be included in the final array selected by the Commission. In support of including the two Iowa counties in the array, Petitioner states that the plain language of § 48-818 does not include a “Nebraska Preference,” nor does the case law which has developed such a preference mandate that it override the other factors we use in our deliberations. However, this Commission and the Nebraska Supreme Court have expressed a preference for using an array of comparable Nebraska employers when an appropriate array within the state exists rather than using employers from outside the state: “We believe there are strong policies in favor of using an array of comparable Nebraska employers rather than using employers from outside the State of Nebraska, when an appropriate array for that purpose within the state exists…when given a choice between sufficient comparables within the state and comparables without the state, we believe it is more appropriate for the CIR to confine itself to comparables within the state.”
Lincoln Co. Sheriff’s Emp. Ass’n v. County of Lincoln, 216 Neb. 274, 278-79, 343 N.W.2d 735, 739 (1984). An array of ten comparable counties is achieved with the agreed-upon counties, which is more than sufficient number of array points to determine comparable wages and terms and conditions of employment for the bargaining unit. Petitioner presented evidence to support its argument for the inclusion of both Harrison County and Mills County in the final array. Despite this evidence, the inclusion of Harrison County and Mills County is not necessary to achieve a statistically sufficient array and Lincoln Co. Sheriff’s Emp. Ass’n. is instructive. Therefore, Harrison County and Mills County will be excluded from the array. The Commission’s array shall consist of the Nebraska counties of Cass, Dakota, Dodge, Gage, Madison, Otoe, Platte, Saunders, Seward, and York. Wages Probationary Period and Non-Certified Deputy Respondent offered Exhibit 144, which provides information as to the existence of a probationary period for newly hired employees. Based on Exhibit 144, which is the only evidence offered on the subject, we find that it is prevalent to have a 12 month probationary period with the potential for an extension of that probationary period beyond the initial 12 months. We therefore order Respondent to continue to provide a 12 month probationary period for newly hired Deputy Sheriffs with the ability to extend the probationary period beyond the initial 12 months See Table 15. It is unclear if Petitioner intended Exhibit 7 “Non-Certified Deputy (New Hire- Pre-Academy Graduation)” to be offered for the Commission to determine a rate of pay for probationary or newly hired non-certified deputies. Respondent offered no evidence on the issue, and no testimony was heard during trial. Therefore, we shall make no determination as to a new-hire or probationary wage during academy. Deputy Sheriff Wage figures for the Deputy Sheriff are identical between the parties with the exception of the maximum hourly wage for deputy sheriffs in Seward County. Petitioner reports that the maximum hourly wage for a Seward County Deputy Sheriff should be $20.66, while Respondent reports the maximum hourly wage to be $18.07. Petitioner’s expert testified that he used the $20.66 figure that was reported in Fraternal Order of Police, Lodge No. 45B v. Gage County, CIR Case No. 1249 (2011) as being the maximum wage for Deputy Sheriffs in Seward County based on that county’s last pay scale. Respondent reported $18.07 based on a survey completed by the Seward County Sheriff. We do not have enough evidence to verify either party’s recommended maximum wage for Deputy Sheriffs in Seward County. Therefore, no maximum wage will be used in our determination of maximum wages for the Deputy Sheriff. Based on the evidence presented, we have determined that the minimum hourly wage for Deputy Sheriff employees in Washington County shall be decreased from $17.45 to $16.74. The maximum hourly wage for Deputy Sheriff employees shall be increased from $19.71 to $21.39. See Table 1. Pay Plan Placement The Nebraska Supreme Court in Douglas County Health Dept. Emp. Ass’n v. Douglas County, 229 Neb. 301, 427 N.W.2d 28 (1988) specifically held that the “manner in which an individual moves from the minimum to the maximum salary rate of a job classification is a timing difference in the salary schedule, which must be adjusted to reach a comparability determination” and is a condition of employment which the Commission has the authority to establish. In the 2009 Omaha Firefighters wage case, the Commission ordered employees to be placed on the pay-line both by time of service and successful performance evaluations. See Professional Firefighters Ass’n of Omaha, Local 385 v. City of Omaha, 16 CIR 408 (2011). In the present case, the Deputy Sheriff, Detective, Sergeant, Captain, Communications Officer, Corrections, and Clerical employees in the bargaining unit are on a step pay plan. We find that it is prevalent to maintain the step pay plan currently in place for the Deputy Sheriff, Detective, Communications Officer, and Corrections employees. Progression along the pay-line for the Deputy Sheriff, Detective, and Communications Officer employees shall be based on a combination of successful performance evaluations and time in service instead of longevity. Progression along the pay-line for Corrections employees shall be based on successful performance evaluations instead of longevity. Time means time in service on a step. Longevity means duration of employment with the employer. See Tables 8, 9, 12, and 13. Additionally, we find that it is not prevalent to place the Captain, Sergeant, and Clerical employees on a step pay plan and therefore Respondent shall eliminate the step pay plans currently in place for these classifications. We find that it is not prevalent to progress each of these classifications along the pay-line based on longevity and that progression based on successful performance evaluations only is prevalent within the array. Therefore, the Captain, Sergeant, and Clerical employee classifications shall progress based on successful performance evaluations only and not on a combination of performance evaluations and time in service. See Tables 10, 11, and 14. Respondent shall place the Deputy Sheriff, Detective, Communications Officer, and Corrections employees on the appropriate pay plan using successful performance evaluations and the employee’s time in service as of the contract date, July 1, 2011. Respondent shall place the Captain, Sergeant, and Clerical employees on the appropriate pay plan using the number of successful performance evaluations completed as of the contract date, July 1, 2011. Such placement shall not result in a decrease in pay for the employee. Fringe Benefits Holidays Currently, Washington County employees receive 10 paid holidays and two “floating holidays” to be used as time off during the course of the year. No evidence was presented to show that the other counties in the array had floating holidays. We therefore find that Respondent shall eliminate the two “floating” holidays and provide 12 paid holidays per year. Overtime- Sheriff’s Department The calculation of when overtime begins during a work cycle has been previously held by this Commission to be management prerogative. See Public Ass’n of Gov’t Employees v. City of Lincoln, 16 CIR 499 (2011). We shall continue with this precedent, and shall not make a determination of the number of hours worked per day to trigger overtime. Grievance Procedure and Final Arbitrator Washington County has a formal grievance procedure, and it is prevalent for Washington County to continue to have a formal grievance procedure. The parties disagree as to who should act as the final arbitrator of employee grievances. Currently, Washington County employs an independent arbitrator. Petitioner argues that it is bi-modal among the array as to who the final arbitrator is, and that the County should continue to utilize an independent arbitrator. Respondent contends that it is prevalent for the sheriff to decide employee grievances and not an independent arbitrator. The evidence presented by each party was sometimes conflicting, and we are unable to make a clear determination as to who serves as the final arbitrator for employee grievances within the array. We therefore order no change in Washington County and it shall continue to utilize an independent arbitrator to settle grievances. Benefits Not Considered The Commission shall continue to determine comparability of health insurance by comparing the percent of the premium to be paid by the employer and employee. See Professional Firefighters Ass’n of Omaha, Local 385, AFL-CIO CLC v. City of Omaha, 16 CIR 408 (2011); Lincoln Firefighters Ass’n Local 644 v. City of Lincoln, 12 CIR 248 (1997). Therefore, the following benefits will not be considered according to the above rule: 1) Health Insurance Dollar Amounts 2) Dental Insurance Dollar Amounts 3) Life Insurance Dollar Amounts Management Prerogatives There are certain fringes which we believe are management prerogatives and we will not address the following in this Order: 1) Shift Bidding Process 2) Providing 24 Hour Coverage Subject to Shifts 3) Working Hours 4) Residency Requirement Comparable Fringe Benefits The following fringe benefits shall remain unchanged because they are comparable to those received by employees within the array: 1) Probationary Period. See Table 15. 2) Longevity Plan. See Table 16. 3) Call-In Pay Sheriff’s Department- Rate. See Table 18. 4) On Call Pay. See Table 19. 5) Shift Differential Pay. See Table 20. 6) Working Out of Class Pay. See Table 21. 7) Hazardous Duty Pay. See Table 22. 8) Specialty Pay Sheriff’s Office Provided- FTO, Bomb, Hazardous Materials, Accident, Training, Firearms, Defensive, Armorers. See Table 23. 9) Court Pay Sheriff’s Department- Call-In Guaranteed Hours/Rate and Minimum Pay Hours. See Table 24. 10) Other Overtime Sheriff’s Department- Pay Rate and Compensatory Time. See Table 25. 11) Other Overtime- Leave Time Counted as Time Worked- Sick Leave. See Table 26. 12) Overtime- Travel Time Required for Training. See Table 27. 13) Annual Sick Leave Conversion to Vacation or Cash. See Table 29. 14) Sick Leave Conversion to Cash upon Dismissal. See Table 30. 15) Sick Leave/Time Off- Family and Funeral. See Table 31. 16) Vacation Carryover- Allowed. See Table 33. 17) Vacation- Conversion to Cash upon Retirement, Death, Resignation, or Dismissal; Annual Conversion and Amount. See Table 34. 18) Funeral Leave- Immediate Family. See Table 35. 19) Funeral Leave- Non-Immediate Family. See Table 36. 20) Dental Insurance- Provided and Reimbursement. See Table 38. 21) Life Insurance- Percentage Paid by Employer. See Table 39. 22) Disability Insurance. See Table 41. 23) Uniform and Equipment- Part Time. See Table 47. 24) Cleaning Allowance. See Table 49. 25) Law Enforcement Equipment- Badge, Brass, Whistle, Weapon, Ammo Clips, Shotgun, Vest. See Table 50. 26) Grievance Process and Final Arbitrator. See Table 51. 27) Union Dues Check-off. See Table 52. 28) Education Assistance. See Table 53. Non-Comparable Fringe Benefits The following fringe benefits shall be adjusted because they are not comparable to those received by employees within the array: 1) Wage Administration Deputy Sheriff- Number of Steps increased from 5 to 8, Years to Max decreased from 13 to 7, and Progression based on Performance and Time instead of Longevity. See Table 8. 2) Wage Administration Detective- Number of Steps increased from 5 to 8; Years to Max decreased from 13 to 8; and Progression based on Performance and Time instead of Longevity. See Table 9. 3) Wage Administration Sergeant- Elimination of Step Plan and Progression based on Performance instead of Longevity. See Table 10. 4) Wage Administration Captain- Elimination of Step Plan and Progression based on Longevity instead of Performance. See Table 11. 5) Wage Administration Communications Officer- Number of Steps increased from 5 to 8; Years to Max decreased from 13 to 8; and Progression based on Performance and Time instead of Longevity. See Table 12. 6) Wage Administration Corrections- Number of Steps increased from 5 to 9; Years to Max decreased from 13 to 7; and Progression based on Performance instead of Longevity. See Table 13. 7) Wage Administration Clerical- Elimination of Step Pay Plan and Progression based on Performance instead of Longevity. See Table 14. 8) Holidays- Number of Paid Holidays increased from 10 to 12, Rate of Pay if Scheduled and if Called In increased from 2.0 to 2.5. See Table 17. 9) Call-In Pay Sheriff’s Department- Provide call-in guaranteed hours/rate and change minimum pay hours from actual to 2 hours. See Table 18. 10) Specialty Pay Sheriff’s Office- Eliminate K-9. See Table 23. 11) Court Pay Sheriff’s Department- decrease Rate of Pay from 1.5 to 1.0. See Table 24. 12) Other Overtime Sheriff’s Department- Establish Compensatory Time Rate and decrease Compensatory Time Max Accumulation from 60 to 264. See Table 25. 13) Other Overtime- Leave Time Counted as Time Worked- Vacation, Holidays, Compensatory Time and Funeral changed from yes to no. See Table 26. 14) Sick Leave- Number of Hours Earned Per Year decreased from 109 to 102 for 10-12 Hour Day shifts and decreased from 109 to 99 for 8 Hour Day shifts. See Table 28. 15) Sick Leave- Max Accumulation decreased from 1200 hours to 894 hours. See Table 28. 16) Sick Leave Conversion to Cash- decreased from 100% to 29% for Resignation, decreased from 100% to 45% for Retirement, and decreased from 100% to 48% for Death. See Table 30. 17) Vacation Hours Accrual- increased and decreased as necessary. See Table 32. 18) Vacation Carryover- Decreased from 160 to 73. See Table 33. 19) Funeral Leave- Immediate Family Time Allowed- Number of Days decreased from 5 to 4. See Table 35. 20) Leave for Collective Bargaining Leaders- Provided. See Table 37. 21) Dental Insurance Percentage Paid by Employer- Decreased from 66% to 8% for Family and decreased from 100% to 16% for Single. See Table 38. 22) Health Insurance Percent Employer Paid- increased from 60% to 70% for Family, increased 60% to 73% for 2/4 Party, and decreased from 100% to 96% for Single. See Table 40. 23) Injured on Duty- Employer Make Up Difference Between Salary and Worker’s Compensation changed from yes to no. See Table 42. 24) Uniform and Equipment- Sworn Personnel- Decrease Uniform Allowance from $1,264 to $597. See Table 43. 25) Uniform and Equipment- Corrections- Decrease Uniform Allowance from $984 to $443. See Table 44. 26) Uniform and Equipment- Communications Dispatcher- Decrease Amount of Cash in Pocket from $644 to $323. See Table 45. 27) Uniform and Equipment- Clerical- Eliminate Clothing Allowance. See Table 46. 28) Uniform and Equipment- Cook- Eliminate Clothing Allowance. See Table 48. 29) Law Enforcement Equipment Provided- Night Stick, Handcuffs, Case, Flashlight, Batteries, and Belt now provided. See Table 50. IT IS THEREFORE ORDERED that for the July 1, 2011 through June 30, 2012 addendum contract year, the following shall be effective as of July 1, 2011: 1) Petitioner’s wages for the July 1, 2011 through June 30, 2012 contract year shall be as follows:
Deputy Sheriff $16.74 $21.39 Detective $18.77 $23.57 Sergeant $21.02 $22.70 Captain $22.69 $25.83 Non-Sworn Communications/Dispatch $12.59 $15.34 Non-Sworn Correctional Officer $13.00 $16.51 Clerical $12.01 $15.54 2) The fringe benefit and wage offset, as found herein, shall be calculated on an individual employee basis. Respondent shall determine the net lump sum overpayment or underpayment for the contract year for each employee. Any net lump sum underpayment for any employee shall be paid by Respondent to each such employee; however, any employee reimbursement shall not exceed the amount of compensation owed to the employee from Respondent. 3) Respondent shall maintain a step pay plan for Deputy Sheriff but shall increase the number of steps from 5 to 8 and decrease the number of years to maximum from 13 to 7. Respondent shall base movement on the pay plan on a combination of performance and time instead of longevity. 4) Respondent shall maintain a step pay plan for Detective but shall increase the number of steps from 5 to 8 and decrease the number of years to maximum from 13 to 8. Respondent shall base movement on the pay plan on a combination of performance and time instead of longevity. 5) Respondent shall eliminate the step pay plan for Sergeant and base movement on the pay line on performance instead of longevity. 6) Respondent shall eliminate the step pay plan for Captain and shall base movement on the pay line on performance instead of longevity. 7) Respondent shall maintain a step pay plan for Communications Officer but shall increase the number of steps from 5 to 8 and decrease the years to maximum from 13 to 8. Respondent shall base movement on the pay plan on a combination of performance and time instead of longevity. 8) Respondent shall maintain a step pay plan for Corrections employees but shall increase the number of steps from 5 to 9 and decrease the number of years to maximum from 13 to 7. Respondent shall base movement on the pay plan on performance instead of longevity. 9) Respondent shall eliminate the step pay plan for Clerical employees and shall base movement on the pay line on performance instead of longevity. 10) Respondent shall continue to have a 12 month probationary period for newly hired Deputy Sheriffs with the ability to extend the probationary period beyond the initial 12 months. 11) Respondent shall continue to not provide a longevity pay plan. 12) Respondent shall increase the number of paid holidays from 10 to 12 and shall eliminate the 2 floating holidays. Respondent shall increase the rate of pay for employees scheduled to work or called in to work on a paid holiday from 2.0 to 2.5 times the regular rate of pay. 13) Respondent shall begin to guarantee 2 hours minimum to be paid if an employee is called in. Respondent shall pay these hours at the regular rate. 14) Respondent shall continue to not provide on call pay. 15) Respondent shall continue to not provide shift differential pay. 16) Respondent shall continue to not provide pay for working out of class. 17) Respondent shall continue to not provide hazardous duty pay. 18) Respondent shall eliminate specialty pay for K-9 and shall continue to not provide specialty pay for Field Training Officer, Bomb, Hazardous Materials, Accident, Training, Firearms, Defensive or Armorers. 19) Respondent shall continue to provide court pay for a minimum 2 hours but shall decrease the rate of pay from 1.5 times the regular rate of pay to straight pay. 20) Respondent shall continue to pay overtime at a rate of 1.5 times the regular rate of pay. Respondent shall continue to allow employees to earn and accumulate compensatory time and increase the maximum accumulation of compensatory time from 60 hours to 264 hours. Respondent shall continue to pay compensatory time at a rate of 1.5 times the regular rate of pay. 21) Respondent shall continue to not count sick leave as time worked for purposes of calculating overtime. Respondent shall no longer count vacation, holidays, compensatory time, or funeral leave as time worked for purposes of calculating overtime. 22) Respondent shall continue to count any travel time required for training as time worked for purposes of calculating overtime. 23) Respondent shall decrease the number of sick leave hours earned per year from 109 hours to 102 hours for employees working a 10-12 hour day and 109 hours to 99 hours for employees working an 8 hour day. Respondent shall decrease the maximum number of sick leave hours accumulated from 1,200 hours to 894 hours. 24) Respondent shall continue to not allow annual conversion of sick leave to either vacation or cash. 25) Respondent shall continue to not allow conversion of sick leave to cash upon dismissal. Respondent shall continue to allow conversion of sick leave to cash upon resignation, retirement or death but shall decrease the amount from 100% to 29% upon resignation, 100% to 45% upon retirement, and 100% to 48% upon death. 26) Respondent shall continue to allow the use of sick leave as time off for family or funeral. 27) Respondent shall maintain annual vacation accrual as follows in Year: 3 at 80 hours; 10 at 120 hours; and 20 at 160 hours. Respondent shall increase annual vacation accrual after Year: 1 from 40 hours to 58 hours; 4 from 80 hours to 81 hours; 5 from 80 hours to 83 hours; 6 from 80 hours to 95 hours; 7 from 80 hours to 99 hours; 11 from 120 hours to 123 hours; and maximum from 160 hours to 164 hours. Respondent shall decrease annual vacation accrual after Year: 2 from 80 hours to 78 hours; 8 from 120 hours to 100 hours; 9 from 120 hours to 101 hours; 12 from 160 hours to 123 hours; 13 from 160 hours to 130 hours; 14 from 160 hours to 131 hours; and 15 from 160 hours to 155 hours. 28) Respondent shall continue to allow for carryover of vacation hours but shall decrease the number of hours allowed to be carried over from 160 hours to 73 hours. 29) Respondent shall continue to allow vacation to be converted to cash upon retirement, death, resignation or dismissal at 100%. Respondent shall continue to not allow vacation to be converted to cash annually. 30) Respondent shall continue to provide funeral leave for immediate family but shall decrease the number of days from 5 days to 4 days. 31) Respondent shall continue to provide funeral leave for non-immediate family and shall maintain the number of days at 3. 32) Respondent shall continue to not provide leave for collective bargaining leaders. 33) Respondent shall continue to provide dental insurance and no reimbursement. Respondent shall decrease the percentage paid from 66% to 8 % of dental insurance premium costs for Family and 100% to 16% of dental insurance premium costs for Single coverage. 34) Respondent shall continue to provide life insurance and pay 100% of policy costs. 35) Respondent shall continue to provide health insurance but shall increase the percentage paid from 60% to 70% of health insurance premium costs for Family and 60% to 73% of health insurance premium costs for 2/4 Party. Respondent shall decrease the percentage paid for Single coverage from 100% to 96% of health insurance premium costs. 36) Respondent shall continue to not provide long term disability insurance and short term disability insurance. 37) Respondent shall no longer make up the difference between an employee’s salary and worker’s compensation if the employee is injured on duty. 38) Respondent shall continue to provide Sworn Personnel a uniform allowance in the amount of $1,264. 39) Respondent shall continue to provide Corrections Personnel a uniform allowance but shall decrease the amount from $984 to $443. 40) Respondent shall continue to provide Communications Dispatchers with a uniform allowance but shall decrease the amount from $644 to $323. 41) Respondent shall no longer provide a uniform allowance for Clerical employees. 42) Respondent shall continue to not provide a uniform allowance for Part Time employees. 43) Respondent shall no longer provide a uniform allowance for Cooks. 44) Respondent shall continue to not provide the Sheriff’s Office with a uniform cleaning allowance. 45) Respondent shall continue to provide employees with a Badge, Brass, Weapon, Ammo Clips, Shotgun, and Vest. Respondent shall continue to not provide a Whistle. Respondent shall begin to provide a Night Stick, Handcuffs, Case, Flashlight, Batteries, and a Belt. 46) Respondent shall continue to provide union dues check-off. 47) Respondent shall continue to not provide education assistance or incentive pay. 48) Any adjustments in compensation resulting from the Final Order rendered in this matter will be made by lump sum payment within 90 days of the date of the Final Order. All other terms and conditions of employment are not affected by this Order. All panel Commissioners join in the entry of this Order.
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