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IA-13-02
In the Matter of the Interest Arbitration between JEFFERSON COUNTY LAW ENFORCEMENT ASSOCIATION, and JEFFERSON COUNTY. IA-13-02.
 
 
 
On May 16, 2003, the parties requested that the Arbitrator suspend issuance of the attached Opinion and Award, pending further bargaining by the parties, with the proviso that, if no agreement was reached, the Opinion and Award as it existed on that date would be issued. On June 4, 2003, the Association notified the Arbitrator that the parties had not reached agreement, and requested issuance of the Opinion and Award. On the same day, the County requested that the Opinion and Award be held in abeyance pending resolution of pending unfair labor practice charges. The Association opposed the County's request.
 
 
 
Having fully considered the matter, the Arbitrator concludes that it would not serve the interest and welfare of the public to further delay completion of these proceedings. The Arbitrator therefore denies the County's request and hereby issues the attached Opinion and Award.
 
This Interest Arbitration arises between JEFFERSON COUNTY LAW ENFORCEMENT ASSOCIATION ("Association"), and JEFFERSON COUNTY ("County"). LUELLA E. NELSON was selected to serve as Arbitrator, and her Award shall be final and binding upon the parties.
 
At the time the parties selected the Arbitrator to hear this case, she reminded them that she attended secondary school in Madras, the largest city in the County, and that a member of her immediate family still resides there.(1) Neither party objected to the Arbitrator's continued service in light of these disclosures.
 
At a hearing held on February 6 and 7, 2003, in Madras, Oregon, the parties had the opportunity to examine and cross-examine witnesses, introduce relevant exhibits, and argue the issues in dispute. Both parties filed post-hearing briefs on or about March 20, 2003.
 
On March 26, 2003, the Association filed a Motion to Strike portions of the County's brief. With the Union's agreement, the Arbitrator granted the County's request for an extension of time to respond to this Motion. The County's Motion to Dismiss the Association's Motion to Strike was received on April 7, 2003. The Association filed a Response to the County's Motion to Dismiss on April 12, 2003.
 
On April 17, 2003, the Arbitrator received a letter from the County, enclosing an interest arbitration award dated April 8, 2003, involving the City of Madras and the Madras Police Employees' Association, and urging the Arbitrator to apply the conclusions in that case to this matter. By e-mail the same day, the Association requested the opportunity to brief the question of whether the Arbitrator should consider the Madras award. The Association's brief on this point was received on May 2, 2003; the County notified the Arbitrator that, although it disagrees with the Association's characterization of the proceedings in the City of Madras, in the interest of getting to a resolution of this matter it would not submit further argument.
 
In view of the nature of the arguments proffered in the parties' various post-hearing communications, the Arbitrator will treat all of them as supplemental briefs and will rule on them in this Opinion and Award.
 
APPEARANCES:
 
On behalf of the Association:
 
John E. Hoag, Esquire, P.O. Box 42021, Eugene, OR 97404

 
On behalf of the County:
 
Bruce Bischoff, Esquire, 747 SW Industrial Way, Bend, OR 97702
 
RELEVANT INTEREST ARBITRATION CRITERIA
 
(a) The interest and welfare of the public.
 
(b) The reasonable financial ability of the unit of government to meet the costs of the proposed contract giving due consideration and weight to the other services, provided by, and other priorities of, the unit of government as determined by the governing body. A reasonable operating reserve against future contingencies, which does not include funds in contemplation of settlement of the labor dispute, shall not be considered as available toward a settlement.
 
(c) The ability of the unit of government to attract and retain qualified personnel at the wage and benefit levels provided.
 
(d) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays and other paid excused time, pensions, insurance, benefits, and all other direct or indirect monetary benefits received.
 
(e) Comparison of the overall compensation of other employees performing similar services with the same or other employees in comparable communities. As used in this subsection, "comparable" is limited to communities of the same or nearest population range within Oregon. ...
 
(f) The CPI-All Cities Index, commonly known as the cost of living.
 
(g) The stipulations of the parties.
 
(h) Such other factors, consistent with subsections (a) to (g) of this section as are traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of employment. However, the arbitrator shall not use such other factors, if in the judgment of the arbitrator, the factors in subsections (a) to (g) of this section provide sufficient evidence for an award.
 
BACKGROUND
 
This is an initial contract between the parties, but in an unusual setting. Until May 2002, employees in this bargaining unit were represented by the Laborers Union. Thus, the status quo is the terms of a collective bargaining agreement between the County and the Laborers Union (the "Laborers Agreement").
 
ISSUES, ANALYSIS AND AWARD
 
Each party's Last Best Offer ("LBO") runs well over 20 pages. However, the parties are not as far apart as might appear from this fact. The parties are substantively apart on a handful of economic issues and a few non-economic terms. The bulk of the remaining differences between the LBO's are minor errors in conforming language (e.g., the Association LBO sometimes refers to "City" rather than "County," while the County LBO at one point refers to "Union" rather than "Association") or variations in terminology with little or no substantive impact (editing to break long lists into separate sub-paragraphs, consolidation or rearrangement of related provisions, or minor variations in phrasing of the same thought).
 
The LBO's are reproduced side by side in Appendix A and listed below. The Association LBO follows the sequence and adopts much of the language of the Laborers Agreement; in some instances it substantially modifies or expands its terms to add provision which it considers standard in law enforcement. The County LBO changes the sequence of provisions, carries over much of the language, and substantially modifies or eliminates some terms. Due to the differing organization of the two LBO's, portions of the County LBO are analogous to multiple parts of the Association LBO, and thus appear more than once in the following listing and Appendix A.

ASSOCIATION LBO

Article 2, Association Membership and Checkoff

 
Article 3, Management Rights





 
Article 6, Vacations

 
Article 7, Hours of Work

 
Article 8, Sick Leave

 
Article 9, Other Leaves of Absence





 
Article 10, Compensation

 
Article 11, Maintenance of Standards

 
Article 12, Discipline and Discharge

 
Article 13, Settlement of Disputes





 
Article 14, Probationary Period

 
Article 15, General Provisions







 
Article 16, Health and Welfare and Retirement



 
Article 17, Workmen's Compensation

 
Article 20, Termination and Reopening

 
Exhibit A, Salary Structure

 
New Article: Use of Alcohol and Drugs
 
COUNTY LBO


 
Article IV, Association Rights, Sections 1-3

 
Article II, Management Rights, and
 
Article V, Right to Contract, and
 
Article III, Scope of Agreement

 
Article VIII, Vacations

 
Article IX, Hours of Work

 
Article X, Sick Leave

 
Article XI, Other Leaves of Absence, and
 
Article XIII, Compensation, Section 6, and
 
Article XII, Reduction in Force

 
Article XIII, Compensation

 
Article III, Scope of Agreement

 
Article XIV, Discipline and Discharge

 
Article XV, Grievance Definition, and
 
Article XVI, Settlement of Disputes, and
 
Article IV, Association Rights, Section 5

 
Article XVII, Probationary Period

 
Article XVIII, General Provisions, and
 
Article IV, Association Rights, Section 3, and
 
Article III, Scope of Agreement, and
 
Article XII, Reduction in Force, Sections 1 and 2

 
Article XIX, Health and Welfare and Retirement
 
Article XXI, Liability Insurance

 
Article XX, Workmen's Compensation

 
Article XXIII, Termination and Reopening

 
Exhibit A, Salary Structure

 
Article XIV, Discipline and Discharge, Section 4
 
ECONOMIC ISSUES
 
Analysis of the economic issues begins with the unusual degree of disagreement between the parties regarding the cost of their proposals and the demonstrated need for corrections to their calculations. As illustrated by the examples discussed below, both parties have urged an unrealistic view of the likely cost of economic proposals. The manner in which the evidence on economic issues was presented left the Arbitrator with options ranging from, at the one extreme, using known inaccurate figures as rough estimates; or, at the other extreme, substantially lengthening the time required for preparation of this Award while the Arbitrator recalculates each piece of the economic package. If Oregon were an issue-by-issue jurisdiction, precise calculations would be necessary. However, in view of the requirement to accept a package as a whole, rough estimates can give a sufficiently reliable idea of the consequences of accepting one package rather than another. The Arbitrator therefore has taken the parties' calculations as a starting point, with some notations regarding correcting evidence in the "big ticket" items. Simply untangling the mathematical and other anomalies was remarkably time-consuming even with this limited approach.
 
The Association estimates the first-year cost of its insurance and wage proposals would total $40,983.52 over the status quo. On brief, it argues the total first-year cost difference between the two LBO's could be less than $12,000. The County estimates the first-year cost of its own wage and insurance proposals would be $49,316 and those of the Association would be $59,570. It estimates the cost of the Association's proposals as a whole would exceed the cost of the County's economic proposals by $107,630 in the first year and $562,000 over the proposed three-year life of the Agreement. Because the County provided detailed calculations for each employee, it is somewhat easier to evaluate the probability of its calculations and the underlying assumptions; the Association's costing approach was less clearly set out and, in some instances, rested on propositions of dubious validity.
 
The County's calculations of increased costs for the first year in the two LBO's may be summarized as follows:
 
INCREASED COST OVER STATUS QUO
 
County Proposal Association Proposal Difference
 
Wages 40,616 42,781 2,165
 
Medical Insurance 8,700 11,789 3,089
 
LTD Insurance 0 5,000 5,000
 
Vacation(2) 0 11,658 11,658
 
Rest Periods(3) 0 16,008 16,008
 
Shift Bidding(4) 0 3,000 3,000
 
Association Business(5) 0 4,305 4,305
 
Computer Use(6) 0 4,305 4,305
 
Overtime(7) 0 58,100 58,100
 
TOTAL 49,316 156,946 107,630
 
At hearing, the Association pointed out errors in the County's costing of the Association LBO; its brief takes issue with additional County calculations. The County included fixed premium amounts for longevity and higher certification in the base rates in calculating the cost of the Association's proposed wage increases, resulting in an inflated wage cost. The Association disputes whether there would be any cost to shift bidding and computer use for Association business (noting the former was used for nine months until January 2003 and the latter is the status quo in practice). It asserts that the cost of rest periods could be avoided by cross-training and locking down inmates; that changes in assigning overtime could reduce the cost of its overtime proposal; and that the cost of its vacation proposal could be reduced by scheduling vacations so that backfilling is unnecessary.
 
The Association estimates the difference in salary costs between the two LBO's at $2,100. It does not take issue with the County's estimate of the difference in cost in the insurance proposals, amounting to $8,089. It presented no evidence regarding the viability, in this small unit, of its suggestion that the County could avoid backfilling for vacationing employees. It argues the County overstates the cost of its overtime proposal, and that most overtime is worked in circumstances where its proposal would not affect the cost. Logically, one would expect that such a proposal would not be made unless it would benefit employees. It is therefore likely that overtime costs would be increased to some degree by this proposal; however, the record does not permit even a ballpark estimate of that cost.
 
The best that can be said is that, considering the established errors in the County's calculations and the uncertainties in both parties' costing, the likely first-year cost of the economic proposals in the Association LBO will exceed the cost of the County LBO by considerably more than the $12,000 figure estimated by the Association, but considerably less than the roughly $107,000 figure calculated by the County. Some of the "big ticket" items are discussed in more detail below.
 
WAGES
 
The Association LBO proposes to retain the prior salary structure, which consisted of a starting wage plus six steps for seven job classifications: Road Deputy ("Deputy"), Dispatcher, Corrections Officer ("COF"), Corrections Technician ("CT"), Chief Civil Deputy, Corrections Cook, and Lead Cook. It would provide a 2% wage increase for all bargaining unit members retroactive to July 1, 2002, and COLA's based on the US CPI-W effective July 1 of 2003 and 2004. It would further provide wage increases on January 1 of 2003, 2004, and 2005 of 3% for Dispatchers and CT's, 2% for Deputies, and 1% for COF's. It would carry over fixed premiums unchanged for Intermediate and Advanced Certification, for achieving 5 and 10 years' service, and for being called in to perform bookings. It proposes a new premium for Spanish language fluency.
 
The County LBO proposes a new salary structure. Deputies, COF's, and Dispatchers who do not have Basic Certification ("Non-Certified") would be hired on a 3-step salary progression. Once employees in these classifications achieved Basic Certification, they would move to an 8-step salary progression. With Intermediate Certification, they would move to a 10-step salary progression; with Advanced Certification, they would move to a 12-step salary progression. New employees in these classifications would be eligible for step increases at six months and one year after hire; thereafter, they would be eligible for step increases annually and grade increases upon acquiring higher certifications. CT's would be on a 5-step progression. The remaining classifications of Civil Deputy, Records Clerk, Lead Cook, and Cook would be on a 12-step progression. All step increases would require a satisfactory evaluation. Like the Association LBO, annual COLA's would be based on the CPI-W All Cities, but with a lower minimum COLA and a reopener if the CPI exceeds 6%.
 
INSURANCE
 
When employees in this bargaining unit were represented by the Laborers Union, they received health coverage through a Health & Welfare Fund open to employees represented by the Laborers or the Teamsters ("Laborers H&W"). The County contributed 90% of the premium, with a monthly cap of $575 by 2002. Premiums for the Laborers H&W were low enough to keep the County's contribution below the cap at all relevant times. After the change in representation, unit employees were no longer eligible for the Laborers H&W; the County secured health coverage for them through City County Insurance Services ("CCIS"). The Laborers H&W used a composite rate; CCIS applies a tiered rate, which the County converted internally into a composite rate for purposes of applying the cap. Non-represented County employees covered by CCIS pay 80% of their medical fees; the Laborers H&W coverage in this unit was for 90%, and the County arranged for 90% coverage through CCIS for this unit. Because CCIS premiums are considerably higher than those of the Laborers H&W, 90% of the premiums exceeded the County's $575 cap; employees thus have paid the excess in premiums since the change in representation. The Laborers H&W coverage included long-term disability ("LTD"); CCIS does not.
 
The County LBO proposes to continue coverage through CCIS, but at the same levels as other County employees (i.e., an 80/20 split), with a $200 deductible. It proposes to pay 90% of the premium up to a cap of $600 in the first year and $625 for the remainder of the Agreement. Although not explicitly set out in the County LBO, County Administrative Officer Mike Morgan testified the County intends to continue to use composite rates. The Association LBO proposes composite rates, with the County paying 90% of the premium; it deletes the cap on County premiums. The Association also proposes to restore long-term disability coverage.
 
REST PERIODS
 
The Association proposes a half hour of overtime for each rest period missed by Dispatchers and CT's, except if caused by an emergency. To understand the basis for this proposal, it is necessary to review the working conditions for these two classifications.
 
Dispatchers and CT's work at opposite ends of an enclosed work area at the center of the jail facility, separated from one another by a restroom. The work area has a refrigerator and microwave, and the County has meals brought in for them at County expense; drinking water is available only from the restroom sink, unless brought in. There is one CT on duty on any shift. Between 50 and 75% of the time, there is one Dispatcher on duty. The only other personnel regularly on duty at the jail are COF's, who work in the inmate area but occasionally enter the work area for the CT and Dispatcher.
 
CT's are required to monitor the inmate area continuously. They can take a break only if relieved or if inmates are locked down (confined to their cells). One CT testified the lieutenant in charge of the jail told CT's they do not get breaks, and that rather than ask for relief she waits until someone comes in on other business. The Sheriff testified he asked that CT to tell him who was not permitting her to have breaks when asked, but that she did not want to do so. Having heard the lieutenant in charge was denying breaks, he talked to that individual and let him know that was not the policy. He also told the entire jail staff they could lock down inmates to permit breaks. Until this hearing, he was unaware there continued to be any problem with breaks for CT's.
 
One Dispatcher testified she can call a COF to cover breaks, but has sometimes waited 1-2 hours for coverage. Dispatchers can announce over the radio that they will not be monitoring the radio while they go to the restroom, but cannot block incoming telephone calls and cannot hear the telephone in the restroom. If the telephone rings while a Dispatcher is in the restroom without coverage, the CT yells to let him/her know of the incoming call; the CT can not take the call because that would require discontinuing the inmate monitoring. One COF testified he covers the Dispatcher for restroom breaks, but has not been trained to do call-outs. If a call-out is necessary, he calls the Dispatcher out of the restroom to take care of it.
 
CALL-OUT PAY
 
Call-out pay compensates employees for work required during their off hours. The status quo was a minimum of three hours' call-out pay, at overtime rates; there was no requirement that the employee remain on duty past the end of the event requiring the call-out. The County proposes to require that employees called out perform work for at least three hours; it would also make call-out pay inapplicable in a number of instances not previously exempted from this provision. The Association LBO would clarify that employees need not remain at work beyond the end of the event causing the call-out; its remaining language changes would have little substantive effect.
 
OTHER NOTABLE ECONOMIC PROVISIONS
 
The Association proposes to count all paid time as "hours worked." The County proposes to carry over the prior language which excludes sick leave, vacation, and other forms of paid leave from "hours worked." It also proposes to delete prior language providing overtime pay for time worked on the sixth and seventh days in an employee's work week; it did not estimate a cost savings from this deletion.
 
The County LBO maintains the status quo on vacation; the Association would increase vacation benefits in the early years. The Association proposes to add a provision permitting employees to choose whether to earn compensatory time instead of overtime.
 
The County LBO would condition payment of a departing employee's final wages on the return of County uniforms and equipment, or payment of the County's original purchase price for the items. No evidence exists of the reason for this proposal; the Association posits that it is an attempt to waive statutory requirements regarding payment of final checks. The same provision appears in the Hood River County contract; none of the other comparators have language beyond, in some cases, a simple requirement to turn equipment in upon leaving employment.
 
NON-ECONOMIC ITEMS
 
Because the non-economic items are reproduced in full in Appendix A, they will not be set out in detail here. The Arbitrator will discuss a few items of particular concern. An overarching concern is that many of the proposals resemble rough drafts rather than fully-developed proposals.
 
The first language reflecting a lack of development is in the provisions for membership and dues-paying. Both LBO's carry over prior language for membership and "fair share," including a requirement that the Association inform the County of "the correct amount to take as a fair share, or in-lieu-of-dues payment." The County LBO deletes the prior dues check-off language. The record is silent regarding whether the County intends to eliminate the dues check-off option, or merely considers it unnecessary to set out the process for taking payments out of employees' paychecks. However, the latter interpretation is more likely, as otherwise the reference to "the correct amount to take" would be meaningless.
 
Meanwhile, the Association LBO deletes a phrase in the dues check-off provision that dues and fair share payments will be deducted from the paycheck from an employee "who has so authorized it." The record is silent regarding whether the Association proposes to require dues check-off regardless of whether an employee has authorized it, or merely considers the deleted language unnecessary in light of the remaining provisions describing the dues check-off process (including a provision for forms which "may be revoked by the employee upon request"). However, the latter interpretation is the more likely, as otherwise the reference to revocation of the forms would be meaningless.
 
While the differences described in this example are largely capable of being conformed by common rules of contract interpretation, other parts of both LBO's present concerns that cannot be resolved so easily. The item of greatest concern to the Arbitrator, in considering the interest and welfare of the public, is in the language of the Discipline and Discharge article (Article XIV of the County proposals; Article 12 of the Association's proposals). The County proposes to carry over language from the Laborers Agreement that "Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure." The Association proposes to eliminate this language. This language would preclude resort to administrative or court procedures for alleged violations of statutory rights. While a limited waiver of statutory rights can be agreed upon in negotiations, it is highly likely that an absolute waiver would be found to violate public policy, particularly if imposed through the interest arbitration process.
 
The grievance and arbitration procedure is another area of concern. The parties did agree on some points, in particular to the elimination of the Board of Adjustment that was part of the procedure under the Laborers Agreement. The remainder of the proposals demonstrate a simple failure to iron out obvious flaws in the language. While the Association's proposal is somewhat unclear because of the way it edited the prior language, on its face it would provide a 2-step process: submit a grievance to the Sheriff or his designee within 14 days, get a response within 14 days, and move to arbitration (with no stated time limit after receiving the Sheriff's response) if that response does not resolve the grievance. However, in a chart comparing the parties' proposals with those of comparators, the Association summarizes its proposal as providing two steps prior to arbitration, each with time limits of 14 days to move to the next step.
 
The County's proposed grievance and arbitration provision would involve a three-step process. It carries over language from the Laborers Agreement giving 72 hours to present grievances or move from one step to the next, and "three working days" for an answer at each step prior to arbitration. Like the Laborers Agreement, it does not define a "working day;" this is a rather ambiguous term in a 24/7 operation. Except for the Association's omission of a time limit to move to arbitration, there is no practical difference in the language of the parties' proposals as to the arbitration portion of the grievance procedure.
 
Another area of concern is in the new drug testing provisions. Except for errors in references to the "City" rather than the "County," the Association's proposal is virtually identical to the County's, until the final provisions. The Association would specifically permit employees to grieve if the results of a test are negative; the County would omit this provision, but would add a provision setting up a committee to "explore and recommend" changes and corrections to the drug testing provisions.
 
The County asserts that language permitting a grievance on this subject is unnecessary; however, elsewhere it proposes a substantial narrowing of the definition of a grievance that could preclude a grievance in this setting. The broader grievance definition the Association proposes to carry over from the Laborers Agreement would make it unnecessary to provide specifically for the right to grieve testing issues. It is thus unclear whether the Association's proposal to include a specific provision for grieving negative tests is intended to narrow grievances in this area.
 
On brief, the Association's expressed concern over the committee proposed by the County is that the committee will modify the drug testing provisions without bargaining. In the Arbitrator's view, this concern is unfounded. A committee whose charge is to "explore and recommend" has no mandate to amend.
 
The Sheriff's testimony regarding some of the other proposals also raised questions about the extent to which the issues in dispute have been fully joined. He was under the impression the County had withdrawn a proposal to terminate employees who did not achieve Basic Certification within 12 months, and testified his intention was merely to freeze their pay in that event. He objects to some agreed-upon aspects of the drug testing proposals proffered by both sides.
 
While other examples exist of problematic non-economic proposals, the above examples illustrate the types of impediments to each party's LBO.
 
COMPARATOR JURISDICTIONS
 
The parties disagree regarding the appropriate jurisdictions with which to compare the County ("comparators"). Both take as their starting point population figures released by Portland State University in 2002. The County would use the three counties just above the County in population (Curry, Hood River, and Crook) and the three counties just below the County in population (Baker, Morrow, and Grant). The Association would substitute one larger county (Wasco) for the smallest of the County's proposed comparators (Grant). For the 2002 population figures, the populations of the seven proposed comparators compare to the County's population as follows:
 
July2002 % of County
 
County Population Population
 
Wasco 23,750 119.65
 
Curry 21,250 107.05
 
Hood River 20,450 103.02
 
Crook 20,200 101.76
 
Jefferson 19,850 100
 
Baker 16,700 84.13
 
Morrow 11,250 56.68
 
Grant 7,750 39.04
 
Some of the comparators do not have all the classifications that correspond to those in the County. No comparator has Correction Technicians or Cooks. Dispatching for Crook County is done by the City of Prineville, a city of 8,150. Dispatching for Grant County is done by the City of John Day, a city of 1,840. Three comparators do not operate a jail, and therefore do not have COF's: Morrow County contracts with Umatilla County to have this work done, while Hood and Wasco Counties contract with the Northern Oregon Regional Correction Facility ("NORCOR") to send their inmates to that facility. Umatilla County has a population of 71,000. The NORCOR facility has roughly twice the number of inmates as the County jail, and about twice the number of jail staff; it houses inmates under contract with the federal government in addition to inmates from five counties. The Association proposes adding Prineville Dispatchers and NORCOR CT's and COF's to the list of comparators. Because it considers Grant County an inappropriate comparator, it does not propose considering the John Day Dispatchers; it also does not propose considering Umatilla County's jail personnel.
 
As many arbitrators have observed, the selection of comparators is not an exact science. The Arbitrator must use the data in evidence to develop a list of manageable size which consists of jurisdictions whose important attributes are more similar to those of the subject jurisdiction than are those of excluded jurisdictions. Bargaining, and by extension interest arbitration, is intended to establish wages and other terms and conditions of employment that permit retention and recruitment within the relevant labor market. The relevant labor market is those jurisdictions to which a prospective or existing employee is likely to look in considering either an alternative employer or an alternative career.
 
Most of the proposed comparators, and all of the agreed-upon comparators, show a considerable degree of demographic similarity to the County and a healthy mix of demographics. The County is in a tightly-grouped band of counties whose populations vary by only a few thousand, several of which are contiguous to the County and share some of the socio-economic and geographic attributes of the County. Even Wasco County, the largest of the proposed comparators, is less than 120% of the County's population. Two proposed comparators, Hood River County and Wasco County, while contiguous to the County, sit along the Columbia River and the I-84/Columbia River corridor. The different economic opportunities in that corridor skew the demographics upward for those counties. At the other end, the smaller population and more remote geographic location of Grant, Baker, and Morrow Counties skew the demographics downward. Grant County stands out as far and away the least likely comparator. Its population is little more than one-third that of the County, and it is in a particularly rural part of the state. If fewer close comparators existed, or if the comparators at the upper end of the demographics were more dissimilar to the County, it might be necessary to include Grant County as a counter-balance to much larger and more prosperous counties. However, Baker and Morrow Counties leaven the mix, and Grant County's demographics are simply too different. The mix of comparators without Grant County is sufficient to approximate the relevant labor market. It is therefore concluded that the Association's proposed comparator counties are more appropriate.
 
We now turn to the Association's suggestion to consider the City of Prineville Dispatchers and the NORCOR jail personnel. Without those entities the sample size for Dispatchers becomes 5 counties, while that for COF's becomes 3 counties and the remaining jail personnel have no comparators. Such a small sample size, particularly for jail personnel, reduces the reliability of conclusions drawn from the data. But inclusion of the additional entities suggested by the Association presents its own set of problems. Populations and tax bases for a city differ from those for a county, even where the city is the only city in a rural county. The impact of NORCOR is more predictable: a much larger jail facility, funded in part by federal contracts in addition to the resources of five counties, has more economic resources. On this record, there is no good solution to this dilemma, and no solution to the lack of data for CT's and Cooks. The Arbitrator will consider the information from these two employers, but only as a check on the comparator counties.
 
APPLICATION OF STATUTORY CRITERIA
 
A. INTERESTS AND WELFARE OF THE PUBLIC
 
Over the years, the Arbitrator has heard interest arbitration cases in a number of jurisdictions, each of which took a different approach to a universal problem in public safety bargaining units. That problem is devising an interest arbitration process which will induce parties to contracts covering strike-prohibited employees to engage in meaningful bargaining, and thus come as close as possible to reaching agreement themselves before going to interest arbitration. Each approach is imperfect in its own way.
 
The LBO approach opens the door to failure because it turns interest arbitration into something akin to the classic Prisoners Dilemma Game known to game theorists worldwide.(8) Knowing the Arbitrator must select one LBO as a package, a party seeking one or more hotly contested provisions has an incentive to submit a package which is attractive in the area(s) the party believes the arbitrator will find most compelling, but which includes provision(s) the party knows are unacceptable to the other party. In the short run, a party can thereby get contract terms that it could never have gotten in bargaining. The complicating aspect of LBO interest arbitration is that the party must gauge correctly which factors the arbitrator will find most compelling. A party who misjudges the arbitrator's views risks having to live with unacceptable provisions from the other party's package until it succeeds in eliminating them, either through negotiations or through a more accurate assessment of a later interest arbitrator's views. In this case, both parties' LBO's contain provisions which are predictably anathema to the other party; they also contain provisions which, to all appearances, have not been subjected to the refining influence of bargaining with the intent of reaching agreement.
 
As other interest arbitrators have observed, the primary criterion of "interests and welfare of the public" has meaning largely with regard to the secondary criteria. This case is slightly different because, as noted above, the County LBO includes a restriction on seeking judicial and administrative redress that is contrary to public policy. Almost by definition, that provision undermines the "interest and welfare of the public." If the Association LBO were less troublesome, this finding might have ended the analysis based on this criterion alone. However, because of serious concerns with the Association LBO, it remains necessary to consider the relative extent to which each party's LBO, as a whole, does damage to the interest and welfare of the public. The Arbitrator therefore will examine those secondary criteria.
 
B. ABILITY TO PAY(9)
 
The County bears the burden of establishing inability to pay. The test is relative rather than absolute inability to pay. That is, funds may well be available for a large economic settlement for a single bargaining unit, at the expense of all other employees. Also, as shown by the responses of some local governments to the failure of Measure 28, basic public operations can be reduced well below desirable levels to balance a budget. However, making an interest arbitration award with the expectation that the jurisdiction will follow either course of conduct would not give due deference to the interest and welfare of the public.
 
Most of the County's operating funds come from property taxes. Assessed values in the County have grown slowly in recent years; due to compression, revenues have grown more slowly. In recent years, trends in County property tax revenues were disrupted by reshuffling of revenues between property taxes and mitigating payments related to a transfer of ownership of the Pelton/Round Butte dam project. In fiscal year 1996-97, the County moved from a levy-based property tax to a rate-based one, while Measure 47 reduced its ability to increase revenues. The County cut operations in the next year, but found it necessary to borrow operating funds by November 1997. The County has continued to reduce operations and slowly build up its Beginning Fund Balance to avoid the need to borrow operating funds again. It has not yet built up its reserves to the level in existence before Measure 47 took effect, but has avoided borrowing operating funds.
 
The County Administrative Officer recommended that for FY 2002-2003 the County budget a Beginning Fund Balance of $1.3 million - just slightly more than the County's average actual balance of $1,274,809 for the three preceding fiscal years. Instead, the County budgeted a Beginning Fund Balance of $900,000.(10) It anticipates an actual Beginning Fund Balance of approximately $1.15 million for fiscal year 2003-2004. Out of a total general fund budget of just over $7 million, it has budgeted a contingency fund of $132,475. By law, it could have budgeted a contingency fund of up to 15% of the general fund. It is concluded that the budgeted contingency fund is reasonable.
 
Some of the Sheriff's Office operations are funded by non-general fund revenues. For example, several smaller jurisdictions help fund the dispatching function, along with funds from dedicated revenue sources, and the State partially funds some operations. In the last fiscal year, the County spent $106,000 less than the total appropriations for 911 and $283,000 less than the total appropriations for the jail.
 
On this record, the pot of funds available to the County is not large; however, the County has some funds available for increased wages and benefits. The Association correctly points out that many of the costs estimated by the County for the Association LBO are more hypothetical than real, and that parts of the County's calculations are plainly erroneous. While some of the Association's calculations also rest on dubious assumptions, the costs will be substantially less than the County's estimate. On this record, while it would be a stretch, the County has not shown that it is unable to pay the cost of the Association LBO.
 
C. RETENTION/RECRUITMENT
 
During the calendar years 1999-2001, the County had on its payroll, at one time or another, 22 Deputies, of whom 5 took jobs with other agencies, 3 failed probation or were terminated, and 1 retired by the end of 2001. In the same period, the County had on its payroll, at one time or another, 18 COF's, of whom 2 took other jobs (one to become a deputy in another jurisdiction), 1 failed probation, and 2 left for medical reasons. In the same period, the County had on its payroll, at one time or another, 14 Dispatchers, of whom 7 left - 1 for another position, 4 because they failed probation, 1 for medical reasons, and 1 was promoted to another position. There was no turnover of the Civil Deputy, Records Clerk, and Cook.
 
The exhibits in evidence show additional turnover since 2001. The County introduced a salary report to demonstrate the impact of its wage proposals on individual employees; it appears that salary report was prepared around August 2002. Of the 11 COF's shown on that salary report, 4 had left and been replaced by new hires by the time of this hearing; the County had one additional vacancy in this classification. Of the 12 Deputies shown on the salary report, 3 had left; the County had two vacancies and, apparently, eliminated one position, leaving 9 currently on the payroll. 2 of the 3 CT's had left, and 3 new CT's had been hired.(11) All 6 Dispatchers remained, as did the Civil Deputy, Records Clerk, and Lead Cook.
 
Between August 2001 and December 2002, the County recruited new employees in five classifications. The responses to its recruitment efforts in these positions were as follows:
 
Position Applicants Hired
 
Patrol Deputy 49 1
 
Corrections Officer 87 3
 
Dispatcher 52 2
 
Corrections Technician 88 6
 
Cook 23 2
 
Correspondence between County Administrator Mike Morgan and the firm of Jacobson, Betts & Company in analyzing compensation for unit employees included information that, as of July 2002, five COF's and one Dispatcher were Non-Certified. Two Non-Certified COF's had not yet attended the Academy and were at least 6-8 months away from getting their Basic Certification; the other three had completed the Academy and were in field training. By the time of the hearing in this matter, all 11 of the COF's then employed had at least Basic Certification; one Dispatcher was Non-Certified.(12)
 
The Association correctly asserts that the County's hires are likely to include a considerable number of Non-Certified personnel seeking to get a start in law enforcement, consistent with the number of Non-Certified personnel on the payroll historically. The County's status as a small rural county limits the number of Deputy or COF applicants, particularly those with long-term plans to remain in the County, while personnel in the remaining positions are more likely to have non-career reasons for staying in the area regardless of the competitiveness of wages in other jurisdictions. The County is also correct when it notes that it succeeds in drawing applicants for job openings. However, the speed of the revolving door for Deputies, COF's, and CT's is impressive, as is the limited success in hiring personnel who can pass probation. It would be desirable to structure compensation in a manner calculated to reduce turnover and improve the quality of new hires. In this regard, the fact that salaries for rookie personnel are lower than for more experienced personnel does not equate to a cost savings from high turnover. The record does not include specific information on the County's costs of recruitment and training, but such costs are usually considerable in the first year, particularly in law enforcement. New law enforcement personnel require lengthy field training, as well as training by the State Department of Public Safety, Standards and Training ("DPSST"), just to achieve Basic Certification. During field training, two persons often perform the work of one.
 
Part of the County's rationale for the proposed revamping of the salary structure is to reward employees for remaining with the County and improving their skills by seeking higher certification. Both are desirable goals, particularly in view of the investment in recruiting and training new personnel. However, the likely initial impact of the proposed new salary structure on these aims would be mixed, at best.
 
Looking first at incentives to remain with the County long-term, a significant factor to an employee contemplating a long-term career with the County is potential salary growth - i.e., the top step available. To determine how the County's proposed salary structure would affect such employees, one relevant comparison is between the status quo and the proposed new structure. After all, since the County is experiencing significant turnover under the status quo, the last thing it would want to do would be to make continued employment in this unit less attractive than the status quo for existing employees. Under the County's proposed salary structure, most current employees would "top out" below the top step in the Laborers Agreement, and several would be red-circled (frozen at their current salary) because their current salary already exceeds the top step of their new grade. The comparison in top step wages between the parties' proposals and the status quo, after adding the proposed retroactive wage increases(13) but before taking into account the January 2003 COLA or later wage increases, may be summarized as follows:
 
Certification Level Longevity Premium
 
Title Party Basic Intermed Advanced 5 years 10 years
 
Deputy
 
Laborers 2,931 3,006 3,056 25 50
 
County 2,872 3,137 3,427 0 0
 
Association 2,990 3,065 3,115 25 50
 
COF
 
Laborers 2,831 2,906 2,956 25 50
 
County 2,611 2,851 3,114 0 0
 
Association 2,888 2,963 3,013 25 50
 
CT
 
Laborers 2,084 N/A N/A 25 50
 
County 1,766 N/A N/A 0 0
 
Association 2,126 N/A N/A 25 50
 
Civil Deputy
 
Laborers 2,467 N/A N/A 25 50
 
County 2,398 N/A N/A 0 0
 
Association 2,516 N/A N/A 25 50
 
Cook
 
Laborers 1,965 N/A N/A 25 50
 
County 1,943 N/A N/A 0 0
 
Association 2,004 N/A N/A 0 0
 
Lead Cook
 
Laborers 2,183 N/A N/A 25 50
 
County 2,158 N/A N/A 0 0
 
Association 2,227 N/A N/A 25 50
 
Dispatcher
 
Laborers 2,303 2,378 2,428 25 50
 
County 2,494 2,725 2,977 0 0
 
Association 2,349 2,424 2,474 25 50
 
Thus, under the County's proposed salary structure, a Deputy or COF with Basic Certification would top out below the Laborers Agreement; a COF with Intermediate Certification would also top out below the Laborers Agreement after considering the Intermediate premium under that pay scale. CT's would also top out below the Laborers Agreement.(14) Personnel who have topped out would also lose the longevity premium in the Laborers Agreement. Dispatchers and Deputies with Advanced Certification stand out as the classifications with the most improved opportunity for long-term salary growth under the County LBO,(15) albeit at the cost, for some, of slower wage growth in the years between their current step and the top step.
 
In summary, the County's wage proposal for most of the unit distributes a depressed salary range among more steps, resulting in smaller yearly pay increases and mostly lower top salaries, compared with the status quo. This requires red-circling two employees who are already in the upper portion of the salary progression under the Laborers Agreement; the remaining employees have not been with the County long enough to approach the top step. The likely long-term impact of this proposed revision in the salary structure is to create an incentive for mid-career personnel to find positions with greater and faster salary growth potential. It also makes moving to another job less expensive, in terms of starting over at the bottom of a new salary structure, than if a mid-career employee had moved rapidly upward in income in early years and thus outstripped the likely starting salary at a new employer.
 
If one looks at recruitment, the foreseeable impact is no better. The County LBO does provide rapid first-year salary increases for newly-hired personnel in the three classifications requiring certification. However, since the starting salaries for Non-Certified personnel would be $204 per month lower for Deputies and $294 per month lower for COF's than under the status quo, and would not grow to meet the lowest rung of the status quo until the employee achieved Basic Certification, this is hardly a tool to draw or retain more highly-qualified applicants for those two high-turnover positions. The improved starting salary for Certified employees in these classifications would, however, assist recruitment (but, as noted above, not necessarily retention). The areas in which the County LBO would significantly improve starting salaries are the Dispatchers and those Deputies with Advanced Certification. Specifically, the parties' LBO's at the starting wage can be summarized as follows:
 
Certification Level
 
Title Party Non-Cert Basic Intermed Advanced
 
Deputy
 
Laborers 2,225 2,225 2,300 2,350
 
County 2,024 2,381 2,500 2,625
 
Association 2,270 2,270 2,345 2,395
 
COF
 
Laborers 2,143 2,143 2,218 2,268
 
County 1,849 2,175 2,283 2,397
 
Association 2,186 2,186 2,261 2,311
 
CT
 
Laborers N/A 1,555 N/A N/A
 
County N/A 1,577 N/A N/A
 
Association N/A 1,586 N/A N/A
 
Civil Deputy
 
Laborers N/A 1,838 N/A N/A
 
County N/A 1,837 N/A N/A
 
Association N/A 1,875 N/A N/A
 
Cook
 
Laborers N/A 1,467 N/A N/A
 
County N/A 1,488 N/A N/A
 
Association N/A 1,496 N/A N/A
 
Lead Cook
 
Laborers N/A 1,629 N/A N/A
 
County N/A 1,653 N/A N/A
 
Association N/A 1,662 N/A N/A
 
Dispatcher
 
Laborers 1,728 1,728 1,803 1,853
 
County 1,761 2,078 2,182 2,291
 
Association 1,763 1,763 1,848 1,898
 
Turning to the incentive for self-improvement, the County LBO encounters one major obstacle to creating that incentive. That is that the opportunity to pursue higher certification while working for the County is decidedly limited. Certification requires a combination of experience, DPSST training points, and college credits. While in-house training counts toward DPSST points and can be converted to college credits, the County does not offer many hours internally. The County's Lead Training Coordinator estimated that a Deputy who did not seek outside training would take more than seven years to accrue the necessary hours of in-house training for Intermediate Certification; a COF would take more than 14 years; and a Dispatcher would take more than 32 years. Employees must go outside the community or take correspondence courses if they wish to earn credits directly with a college. The immediate reward for taking these steps, for someone already close to qualifying, is a larger increase in salary than the fixed premiums the Association seeks to maintain from the status quo. On the other hand, for non-Dispatch employees with higher certification who are already on the payroll, the reward for having already pursued the necessary training and education would be considerably less.
 
According to the County's salary report, the only COF with Advanced Certification would receive a total of 2.9% in base wage increases in the first year under the County's proposal;(16) thus, the most highly qualified COF would receive among the smaller pay increases in this classification. Rewards for less qualified COF's would be mixed. One COF would receive no increase in the first two years. The first-year wage increases of the other 6 COF's on the payroll depends on whether one uses the figures in the County's salary report or those in its spreadsheet. Using the salary report, the range would be from 0.9% to 8.3%; using the spreadsheet, the range would be 0.4% to 7.8%.(17) Four newly-hired COF's, who do not appear on the salary report, would receive pay raises of 4.5% in the first year, according to the County's spreadsheet.
 
According to the County's salary report, of the 9 Deputies still on the payroll as of the hearing, the only one with Advanced Certification would receive base wage increases totaling 6.7% in the first year, while the base wage increases for the 4 with Intermediate Certification would range from 2.7% to 8.4%, and that for the 4 with Basic Certification would range from 0% to 9.5% (or 8.8%, according to the County's spreadsheet).
 
The County LBO would have only a slightly less ambiguous benefit for Dispatchers with higher qualifications. The sole Dispatcher with Advanced Certification would receive a base wage increase of 15.1% (or 14.6%, according to the County's spreadsheet) in the first year, while the 4 Dispatchers with Basic Certification would receive increases ranging from 8.6% (or 8.1%, according to the County's spreadsheet) to 22%; the Non-Certified Dispatcher would receive an increase of 3.7% in that year.
 
In summary, the fact that several experienced employees would receive no pay increase or one of less than 1% in the first year of the contract does not warrant optimism that the County's proposal for a drastically revised salary structure will improve retention of existing non-Dispatch personnel. Beyond that handful of cases, the more serious concern is that, for most employees, the top step will remain unattainable because of the limited opportunity in this community to get higher certification. The depressed pay range for non-Dispatch positions also does not bode well for recruitment, particularly of personnel with long-term plans to remain with the County. Most of the comparators' salary structures more closely resemble the status quo. Thus, this factor does not support the County's proposed change from the status quo.
 
D. OVERALL COMPENSATION
 
Although the County argues on brief that the fringe benefit package for this unit "is the envy of every small business owner and employee in Jefferson County," the relevant market - both logically and by statute - is not small business owners or their employees. The relevant market is comparable governmental units. In assessing overall compensation, the Arbitrator must consider not only wages, but fringe benefits as well.
 
As with virtually every interest arbitration case of which the Arbitrator is aware in the past few years, insurance is the 800-pound gorilla at the table; it is also an area of compensation in which the LBO's differ widely. The County LBO slightly increases its insurance costs over the status quo, at the expense of expanding co-pays and deductibles - in some instances, effectuating a net decrease in take-home pay. The Association LBO maintains existing benefit levels for unit employees, at the cost of eliminating the cap on the County's contribution and thereby greatly increasing the County's cost exposure for this benefit. The divergence in proposals in this area was virtually unavoidable, not only because of cost increases in the insurance market in general, but also because coverage under the Laborers H&W gave employees the financial benefit of a large pool that this small unit cannot match in the market.
 
In comparable jurisdictions it is more common than not to have a cap on employer-paid premiums. The status quo cap was relatively generous vis-a-vis the comparators, and the County proposes a slight increase in the cap while sharing some of the increased costs with employees. The Association LBO does not merely raise the cap; it eliminates it completely, thus generating a substantial improvement in this benefit for employees. In the Arbitrator's experience, the trend toward capping previously uncapped plans and increasing deductibles and co-pays is not a new phenomenon; removal of an existing cap would have been a radical shift several years ago, and is considerably out of line now.
 
In general, the County LBO holds the line or retreats on the remaining economic items, while the Association LBO seeks improvements ranging from marginal to substantial. In a bargained agreement, one would expect improvements would be made on one or very few items, at most, with the net result that overall compensation might improve slightly because of such provisions. In lean economic times such as these, one would not expect improvements of the magnitude represented by the Association LBO as a whole; on the other hand, the County's economic situation is not so dire as to suggest the need for so many give-backs.
 
In summary, while the insurance part of the LBO's favors the County, the remaining aspects of overall compensation are mixed, at best. Of particular note, however, the concern with the County's proposed call-back provision goes beyond economics. Once the event requiring a call-out has ended, the value to the County of having an otherwise unscheduled employee complete the full three hours of "face time" is likely to be minimal. The impact on employees, however, will be considerable. In a high-stress occupation such as law enforcement, time off is particularly important for morale. The County's proposal increases the amount of time taken away from personal pursuits by call-outs, with no increase in compensation. Both the economic and the non-economic impact of this proposal are out of line with comparators.
 
On balance, the Arbitrator cannot conclude that overall compensation favors either party's LBO.
 
E. COMPARABILITY
 
Management Consultant Vance Betts testified his firm, Jacobson, Betts & Company, conducted a survey of base salaries in the counties selected by the County in this matter as comparators. His firm had no input on the selection of the comparators and performed no independent analysis of their appropriateness. If a jurisdiction had no comparable positions (e.g., Crook County, which has no Dispatchers), the firm did not include that jurisdiction in the calculations for that position; it did not look at persons employed by other jurisdictions who were performing the work for the omitted jurisdiction (e.g., Prineville Dispatchers). It also did not attempt to compare overall compensation. The Jacobson Betts survey showed that wages for employees in this bargaining unit ranged from 3% above to 20% below market, depending on job classification and placement in the salary progression, and averaged 7% below the market average overall:
 
* Dispatchers were below market by 20% at the starting salary and 8% at the top step.
 
* Deputies were below market by 9% at the starting salary and 3-4% at the top step.
 
* COF's were above market by 3% at both starting salary and top step.
 
* No evidence exists of any Jacobson Betts analysis of the remaining classifications.
 
The survey included Grant County in the sample. While the other jurisdictions vary fairly little in pay scales, Grant County is very much at the low end of pay scales for each classification in its employ. Indeed, it is mathematically likely that the disproportionately large increase recommended for Dispatchers was partly the result of the fact that Grant County does not employ Dispatchers. On the other hand, the sample size for COF's was so small that the inclusion of Grant County had a disproportionate effect in the other direction on that "market" average. In short, the sampling problems with this survey make the Jacobson Betts results of no use in comparing salaries or overall compensation with other jurisdictions.
 
Apart from salary, much of the comparability data has already been discussed above. The record contains insufficient data for classifications other than the three classifications that require certification - Dispatcher, Deputy, and COF. Those three are the most numerous classifications. The best that can be done is to apply the conclusions from these positions to the other unit positions.
 
Because the County historically has hired many Dispatchers, Deputies, and COF's without Basic Certification, the level at which to begin the comparison is at the starting salary at the Non-Certified level. The County LBO falls short by comparison not only with the comparators (for whom the sample size as to two classifications is small), but with the status quo. The County's proposed salaries for Non-Certified personnel are, in each instance, below the bottom of the comparators' starting salaries for these positions. For Deputies and COF's, all three steps of the proposed Non-Certified salaries are even below the bottom step at which the County itself has been hiring such Non-Certified personnel. Only if the County succeeds in recruiting more qualified personnel does its proposed salary scale for these positions put it where one would expect it to be demographically. The County would be alone in the lower starting salary for Non-Certified personnel. The Association LBO leaves newly-hired Dispatchers below the comparators but moves the others up; its later-year increases for Dispatchers would somewhat make up the difference for that classification.
 
As discussed above, the County's proposed top steps for these three classifications must be taken with a grain of salt because of the difficulty existing employees will have in securing higher levels of certification without leaving the County. That being said, at least hypothetically, the County's top steps for these classifications put it at or near the top of the group of comparable jurisdictions if an employee remains with the County long enough to achieve the top step. That comparison is somewhat offset by the give-backs on other economic items, and by the considerably greater number of years to reach that top step. The Association LBO leaves Dispatchers below most of the comparators and slightly improves the position of the other two classifications at the top step.
 
On balance, the County LBO is well below its relative place in the market for both existing employees and the kind of new employee that has historically made up the bulk of its work force; new employees at higher levels would fare better. The Association LBO makes some improvement in comparison with the group of comparable jurisdictions. In view of the County's established difficulties in retaining personnel, particularly personnel who can pass probation, this factor favors the Association.
 
F. COST OF LIVING
 
Both parties propose COLA's based on the CPI-W All Cities; the County LBO would result in lower COLA's if inflation were very low or very high. According to the County, Patrol personnel received wage adjustments totaling 11% during the four years ending June 30, 2002. During the same period, the CPI-W All Cities rose by 9.7%. The County did not submit total wage adjustment figures for the other unit positions. The lack of data for positions other than Deputies makes it difficult to determine whether either party's proposal is out of line with changes in the cost of living; thus, this factor drops out of the analysis.
 
G. STIPULATIONS and H. OTHER FACTORS
 
The parties have not stipulated to other factors relevant to most of the issues in dispute. No other factors have been raised beyond those discussed above.
 
THE CITY OF MADRAS INTEREST ARBITRATION
 
As noted, the County submitted a copy of an interest arbitration award involving the City of Madras, the largest city in the County, and its police officers, which issued after briefing in this matter. While acknowledging that the award is a public record, the Association objects to its consideration on three grounds. First, it objects to the County's suggestion that the conclusions have a bearing on this matter because the President of the Madras Police Association testified in this matter; the County has since withdrawn that argument. Second, it objects that the parties had no opportunity to address the wisdom of the award in their briefs. Third, it suggests the award may not be final because of pending motions related to unfair labor practice findings against the City of Madras.
 
In the Arbitrator's view, most arbitration awards are so fact-bound that their major utility lies in their analytical framework. Thus, if an arbitrator has suggested a particularly persuasive approach to a commonly raised issue, that approach may prove useful in other cases involving that issue. The fact that one or both parties may not have addressed the wisdom of that particular award in their briefs is of little moment. The Employment Relations Board's Web site contains numerous interest arbitration awards issued in recent years, most of which have not been addressed by the parties' briefs. Certainly, it would not be an effective use of time or resources for the Arbitrator to review each of those to see if they contained a nugget of wisdom that she might apply in this case. However, for the limited purpose for which she uses other awards, there is no impediment to considering the analysis applied in the City of Madras case, just as she could the analysis in any other interest arbitration case under this statute.
 
Anticipating that the Arbitrator might consider the City of Madras case, the Association proffers various arguments regarding the factual findings in that case and the specifics of the underlying LBO's. Those matters do not bear on the merits in this case and will not be considered. Further, because of the very different LBO's in that case, the Arbitrator concludes that it does not assist in deciding between the LBO's in this case.
 
SUMMARY AND FINDINGS
 
In the thick of an interest arbitration hearing, it is rarely possible for an arbitrator coming to the dispute for the first time to get more than a superficial idea of the specifics of the parties' proposals. A full understanding normally must come from later review of the language in the solitude of the office. While that was true here, the quick glance that was possible at the hearing, coupled with the nature of the evidence in support of the proposals, raised numerous red flags. The Arbitrator departed from her usual practice by suggesting at the hearing that the parties would be better served by returning to mediation rather than persist with these LBO's.
 
Having now had the chance to examine the LBO's in depth and consider the exhibits in evidence, the Arbitrator is convinced that neither the parties nor the public interest are well served by either LBO. If the Arbitrator had the authority, she would remand the matter to the parties with an order that they return to mediation, with the assistance of the State Conciliator, and bargain in good faith. Unfortunately, the statute does not give the Arbitrator the authority to issue such an order.
 
It is difficult to say where the Arbitrator would have come out in weighing these two LBO's, but for the concern raised near the outset of this Decision and Award. The County LBO contains a provision which would violate public policy by waiving disciplined employees' statutory rights to judicial and administrative redress. It is unnecessary to decide how bad the Association LBO would have to be to outweigh this concern. Flawed though the Association LBO is, it is counterbalanced by the flaws in the remainder of the County LBO. Thus, the Association LBO is far too generous overall for current economic conditions and trends in the insurance industry; the version of the grievance procedure in its LBO, on its face, differs from its own summary of that process; and the editing of the Laborers Agreement that formed its LBO will make applying some provisions difficult, to say the least. The County LBO is likely to worsen an already serious retention and recruitment problem through a counter-productive pay structure, inexplicable pay cuts in classifications with an existing turnover problem, and changes in working conditions that are likely to devastate morale; it also includes a provision that, according to the Sheriff himself, does not express his intentions with regard to retaining Non-Certified employees.
 
Since neither LBO can be selected on the merits, the Arbitrator concludes that, at a minimum, the interest and welfare of the public will not be served by imposing on the parties a provision that violates public policy. Therefore, with great reluctance, and only because she must treat the phrase as a term of art, the Arbitrator finds that the "interest and welfare of the public" will be relatively better served by the Association proposal.
 
AWARD
 
The Last Best Offer of the Association will constitute the parties' agreement.

 
LUELLA E. NELSON - Arbitrator
 
WITNESSES FOR THE COUNTY
 
VANCE JACOBSON, Partner in Jacobson Betts & Co.
 
MIKE MORGAN, County Administrative Officer
 
JACK JONES, County Sheriff
 
WITNESSES FOR THE ASSOCIATION
 
TANNER JOSHUA STANFILL, Madras Peace Officer, President of Madras Police Officers Association
 
DAVE BLANN, Resident Deputy in Camp Sherman
 
MITZI HRYCIU, Corrections Technician
 
CANDY CAMPBELL, Dispatcher
 
LAWRENCE ROBBINS, Corrections Deputy
 
DANIEL ALLISON Deputy Sheriff on Patrol, Lead Training Coordinator
 
SCOTT FARRELL, Patrol Deputy; President of the Association
 
EXHIBITS
 
COUNTY
 
VOLUME I - HEARING BRIEF
 
1 Background summary
 
2 Legislative History of Senate Bill 750
 
3 Summary of Issues
 
4 Statutory Criteria for selection of Last Best Offer
 
5 Criterion 4(a): Interest and Welfare of the Public
 
6 Criterion 4(b): Ability to Pay
 
7 Criterion 4(c): Ability to Recruit and Retain
 
8 Criterion 4(d): Overall Compensation of Employees
 
9 Criterion 4(e): Comparability with Similar Size Counties
 
10 Criterion 4(f): Cost of Living
 
11 Criterion 4(g): Other Factors Traditionally Considered
 
12 PERS Crisis
 
13 Insurance Crisis
 
14 Benefit Comparison with Similar Counties
 
15 Ending Fund Balance
 
16 Salary Cost Summary (3 years)
 
17 Total Cost differences Between Proposals
 
18 Salary Structure for County and Association Proposals (3 years)
 
19 Assessor's Projected Revenues
 
20 Local Budgeting Manual excerpt (p. 60)
 
VOLUME II - EXHIBITS
 
1 Collective Bargaining Agreement between County and Laborers 121
 
2 County's Last Best Offer
 
3 Association's Last Best Offer
 
4 Senate Bill 750 Committee Report
 
5 Jacobson Betts Compensation Study
 
6 County Budget 2002-2003
 
7 Laborers Contract for Public Works
 
8 Laborers Contract for Service Employees
 
9 Salary by Individual Employee
 
10 Computation of Health Care Costs
 
11 Grant County Contract
 
12 Morrow County Contract
 
13 Baker County Contract
 
14 Crook County Contract
 
15 Hood River County Contract
 
16 Curry County Contract
 
17 Excerpts from County's Certified Auditors for FY 2001-2002 regarding Accrued Compensation
 
18 10/15/01 letter to Mike Morgan from Jacobson Betts recommending salary levels for Cook, Lead Cook, and Corrections Tech
 
19 Jefferson County School District insurance provisions of collective bargaining agreement
 
ASSOCIATION
 
VOLUME I
 
Introduction
 
I-1 Collective Bargaining Agreement between County and Laborers 121
 
I-2 Tentative Agreements
 
I-3 Association's Last Best Offer
 
I-4 County's Last Best Offer
 
Economic
 
E-1 Wage Step Comparisons for Comparable Jurisdictions
 
E-2 Witness Statement of Tanner Stanfield
 
E-3 DPSST Certification Requirements
 
E-4 Portland State University Population Figure
 
E-5 Number of Employees in Comparable Jurisdictions
 
E-6 Comparability Chart for Association's Jurisdictions
 
E-7 Comparability Chart for Agreed-Upon Jurisdictions
 
E-8 Laborer's Insurance Plan and Costs
 
E-9 County's Cost Options for Insurance
 
E-10 Association of Oregon County's Insurance Trust Plans and Costs
 
E-11 Effects of County's Economic Proposal Over Three Years
 
E-12 Comparable Levels of Insurance Benefits
 
E-13 Comparability Chart for Long Term Disability
 
E-14 Comparability Chart for Residency Requirements
 
E-15 Overtime Calculation Comparability Chart
 
E-16 Comparability Chart for Compensatory Time
 
E-17 Call Out Pay Comparability Chart
 
E-18 Comparability Chart for Vacation Levels 0-10 Years
 
E-19 Comparability Chart for Step Increase Denials
 
E-20 Comparability Chart on Turning in Uniform and Equipment when Terminating
 
E-21 Selected Pages from County Audit for FY 2000-2001
 
E-22 Selected Pages from County Audit for FY 2001-2002
 
E-23 Selected Pages from County Budget for FY 2002-2003
 
E-24 Assessor's Report for 2002-2003 and 2001 and 2002
 
E-25 Agreement between County, PG&E, and the Confederated Tribes of Warm Springs Reservation of Oregon
 
E-26 Newspaper Article from Madras Pioneer, 11/22/02, regarding PG&E and Tribe's Payment
 
E-27 Newspaper Article from Madras Pioneer, 1/16/03, regarding County's Commissioners Pondering Condemning Dams
 
E-28 Costing of Parties' Last Best Offers in the First Year
 
E-29 Employee turnover
 
E-30 5/17/02 memo from Dan Allison re transferring training into college hours
 
E-31 Ad from Madras Pioneer, late January or early February 2003
 
VOLUME II
 
Working Conditions
 
W-1 Comparability Chart on Paid Meals
 
W-2 Provision from Lane County Contract on Failure to Receive Breaks
 
Relationships
 
R-1 Tentative Agreement, Madras Collective Bargaining Agreement, Discipline and Discharge and Prior Contract Provisions
 
R-2 Comparable Chart on Length of Time in Steps of Grievance Procedure
 
R-3 Tentative Agreement, Madras Collective Bargaining Agreement, Grievance Procedure and Prior Contract Provisions
 
R-4 Comparability Chart on Layoff, Recall and Bumping
 
R-5 Comparability Chart on Association Business on County time
 
R-6 Comparability Chart on Reopeners and an Evergreen Clause
 
R-7 Jefferson County Bills for Information
 
Association Research
 
AR-1 Baker County Contract
 
AR-2 Crook County Contract
 
AR-3 Curry County Contract
 
AR-4 Hood River County Contract
 
AR-5 Morrow County Contract
 
AR-6 City of Prineville Contract (dispatchers for Curry County)
 
AR-7 Collective Bargaining Agreement between NORCOR and NORCA
 
AR-8 Wasco County Contract
 
AR-9 Grant County Contract (2002 in negotiations)
 
AR-10 City of John Day Contract (dispatchers for Grant County)
 
APPENDIX A - LAST BEST OFFERS

ARTICLE 2
 
ASSOCIATION MEMBERSHIP AND CHECKOFF


 
Section 1. Membership or non-membership in the Association shall be the individual choice of employees covered by this Agreement. However, any employee who chooses not to belong shall make a "payment in lieu of dues" as permitted by Oregon law as a condition of employment. The Association shall inform the County of the correct amount to take as a fair share, or in-lieu-of-dues payment. Employees whose religious belief or teaching prevent them from belonging to a labor organization shall comply with the ORS 243.666 and make a payment in the amount of the fair share to an appropriate charitable body.
 
The Association shall hold the County harmless for the amount deducted from the employees' paychecks pursuant to dues authorization form a signed by employees or fair share amounts as directed by the Association.
 
Section 2. The County agrees to deduct from the paycheck of each employee who has so authorized it, the regular initiation fee and regular monthly dues or fair share payment uniformly required of members of the Union Association. The amounts deducted shall be transmitted monthly to the UnionAssociation on behalf of the employees involved. Authorization by the employee shall be on present formsfamished (sp) furnished by the County and may be revoked by the employee upon request. The performance of this service is at no cost to the Union Association.
ARTICLE IV

 
ASSOCIATION RIGHTS



 
Section 2. Membership/non-membership. Membership or non-membership in the Association shall be the individual choice of employees covered by this Agreement. However, any employee who chooses not to belong, shall make a payment in lieu of dues as permitted by Oregon law as a condition of employment. The Association shall inform the County of the correct amount to take as fair share, or in-lieu-of-dues payment. Employees whose religious belief or teaching prevent them from belonging to a labor organization shall comply with ORS 243.666 and make a payment in the amount of the fair share to an appropriate charitable body.
 
The Association shall hold the County harmless for the amount deducted from the employees' paycheck pursuant to dues authorization forms signed by employees or fair share amounts as directed by the Association.
Section 3. The County will introduce all new hires to the Union shop steward in the bargaining unit. The shop steward will give new employees a copy of the Agreement. It will be the responsibility of the steward Association Representative to explain the contents of the Agreement, wage rates, fringe benefits and all aspects to the new employee. Such activity can take place during work as long as it does not unreasonably disrupt the performance of duties. The County will hand a copy of the PERSONNEL RULES OF JEFFERSON COUNTY to each new employee and to the Association.Section 1. New Hires. The County agrees to provide each new hire a copy of this agreement upon their employment. The Association will provide sufficient copies of the Agreement for this purpose.
Section 4. The County shall provide the Association upon request with all information that is reasonably necessary for the Association to conduct its business. This will include periodically updated financial information, and names, addresses, and phone numbers of all new Association members and notification of the termination of any Association member.[no comparable proposal]
ARTICLE 3

 
MANAGEMENT RIGHTS


 
The County retains all the customary, usual and exclusive rights, decision-making, the prerogatives, functions, and authority connected with or in any way incident to its responsibility to manage the affairs of the County, or any part of it. The rights of employees in the bargaining unit and the Union are limited to those specifically set forth in this Agreement, and the County retains all prerogatives, functions, and rights not specifically limited by the terms of this Agreement. The County shall have no obligation to bargain with the Union with respect to any such subjects or the exercise of its discretion and decision-making with regard thereto, any subjects covered by the terms of this Agreement and closed to further bargaining for the term hereof, and any subject which was or might have been raised in the course of collective bargaining.
 
Without limitation, but by way of illustration, the exclusive prerogatives, functions, and rights of the County shall include the following:
 
1. To direct and supervise all operations, functions, and policies of the department Sheriff's Office in which the employees in the bargaining unit are employed and operations, functions and policies in the remainder of the County as they may effect [sic] employees in the bargaining unit.
 
2. To close or liquidate an office, branch operation or facility, or combination of facilities, or to relocate, re-organize or combine the work of divisions, offices, branches, operations or facilities for budgetary or other reasons.
ARTICLE II  
MANAGEMENT RIGHTS



 
Section 1. In order to operate its business, the County, in its sole discretion, retains and shall have the following exclusive rights: to determine the number, location and type of facilities; to determine the type and or quality of services rendered; to determine the methods, techniques and equipment utilized; to hire, supervise, evaluate, discipline, discharge, promote, demote, layoff, transfer and recall the workforce; to assign work and change, combine, create or abolish job classifications and job content; to establish and make known reasonable work rules and safety rules for all employees; to contract; and to determine the number of employees, including the number of employees assigned to any particular operation or shift. The decision to hire, schedule, transfer, assign, promote, and layoff employees shall be based on skill, ability, qualifications, experience, training, length of service and work records as determined by the Sheriff.
 
Section 2. Any of the rights, powers, authority and functions the County had prior to the negotiation of this Agreement are retained by the County and the express provisions of this Agreement constitute the only limitations on the County's right to manage its business. The County not exercising rights, powers, authority and functions reserved to it, or its exercising them in a particular way, shall not be deemed a waiver of said rights, powers, authority and functions or of its right to exercise them in some other way not in conflict with a specific provision of this Agreement.
 
Section 3. All other traditional rights are also expressly reserved to the County. The express provisions of this Agreement constitute the only limitations upon the County's right to manage its business.
6. To assign and distribute work.



 
7. To contract or subcontract work as determined by the County, provided that as to work covered by the bargaining unit the County agrees to afford an opportunity to negotiate with the Union Association as to the decision and the effect of such action on wages and conditions of employees in the bargaining unit before finalizing or implementing any decision concerning such subcontracting, utilizing the expedited bargaining process set out in ORS 243.698.

 
8. To assign shifts, workdays, hours of work, and work locations.

 
9. To designate and to assign all work duties.

 
10. To introduce new duties and to revise job classifications and duties within the unit.

 
11. To determine the need for the qualifications of new employees, transfers, and promotions.

 
12. To discipline, suspend, demote, or discharge an employee so long as such action is not arbitrary, in bad faith, or withoutjust cause.

 
13. To determine the need for additional educational courses, training programs, on-the-job training and cross training, and to assign employees to such duties for periods as to be determined by the County.

 
The exercise of any management prerogative,
ARTICLE V
 
RIGHT TO CONTRACT


 
Section 1. The County expressly reserves the right to contract bargaining unit work to non-County employees or personnel in the event of unforeseeable work loads or for other business reasons. The County agrees that it will follow applicable Employment Relations Board case law prior to contracting out bargaining unit work.




























 
ARTICLE III
 
SCOPE OF AGREEMENT
ARTICLE 6

 
VACATIONS



 
Section 1. Monthly Employee Full Time Employees
 
Full time employees shall be entitled to vacation with pay at the following rate:
 
Years of Service Months of Service Vacation Hours Accrual Rate
 
6 mo. thru 12 mo. 6 mo. thru 12 mo. 40 hr/5 days 6 2/3 hours per mo.
 
1 0-5 years 13 0 mo. thru 60 mo. 80 96 hr/10 12 days 6 2/3 8 hours per mo.
 
6-10 years 61 mo. thru 120 mo. 120 hr/15 days 10 hours per mo.
 
11 years plus 121 mo. plus 160 hr/20 days 13 1/3 hours per mo.
 
Section 2. Hourly Full-Time Employees:
 
2.1 Full-time employees who have served less than five (5) years are credited with 6-2/3 hours of vacation with pay for each full month of service during each year of employment. However, before granting any vacation leave twelve (12) full months must have been worked by the employee.
 
2.2 Full-time employees who have served continuously for five (5) or more years shall receive 10 hours vacation credit a month for each full month of service during each year of employment.
 
2.3 Full-time employees who have served continuously for ten (10) years or more shall
ARTICLE VIII

 
VACATIONS


 
Section 1. Full-time Employee.
 
Full time employees shall be entitled to vacation with pay at the following rate:
 
Years of Service Months of Service Vacation Hours Accrual Rate
 
6 mo. thru 12 mo. 6 mo. thru 12 mo. 40 hr/5 days 6 2/3 hours per mo.
 
1-5 years 13 mo. thru 60 mo. 80 hr/10 days 6 2/3 hours per mo.
 
6-10 years 61 mo. thru 120 mo. 120 hr/15 days 10 hours per mo.
 
11 years plus 121 mo. plus 160 hr/20 days 13 1/3 hours per mo.


 
1.1 Full-time employees who have served less than five (5) years are credited with 6-2/3 hours of vacation with pay for each full month of service during each year of employment. However, before granting any vacation leave twelve (12) full months must have been worked by the employee.
 
1.2 Full-time employees who have served continuously for five (5) or more years shall receive 10 hours vacation credit a month for each full month of service during each year of employment.
 
1.3 Full-time employees who have served continuously for ten (10) years or more shall receive 13.33 hours of vacation per month for each full month of service during each year of
Section 4. Except where staffing needs of the department dictate otherwise, any employee may carry only one year's accumulated vacation credit past their anniversary date of employment, with a maximum of 160 hours of vacation time. An employee who is about to loose [sic] vacation credit because of accrual limitations may, by notifying his supervisor five days in advance, absent himself to prevent loss of this vacation time. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. Vacation leave shall not accrue during a leave of absence without pay or an educational leave with pay in excess of 15 calendar days. It is understood that any employee attending BPSST school will be entitled to all pay and benefits as if here working for the County within the County.

 
Section 5. Employees shall be permitted to request vacation on either a split or an entire basis, or to request vacation on a one day at a time basis. Vacation time shall be scheduled by the Sheriff based on his judgment as to the needs of efficient operations and the availability of vacation relief. Subject to the foregoing employees shall have the right to determine vacation times. Vacation time shall be selected on the basis of seniority; provided, however, that each employee will be permitted to exercise that employees right of seniority only once annually. Scheduling of vacation periods, to the extent consistent with operating requirements of the County and vacation credits of the employee shall be weekly units. After employees bid once annually by seniority for time off, employees may put in requests for time off on a first come, first served basis, which shall be granted or denied depending upon the reasonable operating requirements of the County.

 
Section 6. Termination. It shall be the choice of the employee to use unused vacation or to take pay upon termination. In the event of death, the employee's beneficiary shall receive all benefits that the employee has accrued. (Earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee).
Section 3. Except where staffing needs of the department [sic] dictate otherwise, any employee may carry only one year's accumulated vacation credit past their anniversary date of employment, up to a maximum of 160 hours of vacation time. An employee who is about to lose vacation credit because of accrual limitations may, by notifying his supervisor five days in advance, absent himself to prevent loss of this vacation time. Such action taken by the employee shall not constitute a basis for disciplinary action or loss of pay. Vacation leave shall not accrue during a leave of absence without pay or an educational leave with pay in excess of 15 calendar days. It is understood that any employee attending DPSST school will be entitled to all pay and benefits as if here working for the County within the County.

 
Section 4. Except as otherwise herein limited, employees shall be permitted to use vacation in increments of 8 hours (entire workday), up to the maximum accrued. Vacation time shall be scheduled by the Sheriff based on his judgment as to the needs of efficient operations and the availability of vacation relief. Subject to the foregoing employees shall have the right to determine vacation times. Vacation time shall be selected on the basis of seniority; provided, however, that each employee will be permitted to exercise that employee's right of seniority only once during each calendar year.









 
Section 5. Termination. It shall be the choice of the employee to use unused vacation or to take pay upon termination. In the event of death, the employee's beneficiary shall receive all benefits that the employee has accrued. (Earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee).
ARTICLE 7
 
HOURS OF WORK


 
Section 1. Workweek. The workweek, to the extent consistent with operating requirements of the Sheriffs' Office, and recognizing the necessity for continuous service to the County throughout the week, shall consist of five (5) consecutive days as scheduled by the Division supervisor. In the event the County elects to schedule four (4) consecutive days of ten (10) hours work per day the regular workweek, regular hours of work shall be scheduled by the Sheriff consistent with such weekly schedule.
ARTICLE IX

 
HOURS OF WORK



 
Section 3. Hours. The regular hours of work each workweek, to the extent consistent with operating requirements of the Sheriff's Department and the need for continuous service to the County throughout the week, shall be five (5) consecutive days of (8) consecutive hours of work per day, including meal and rest periods. At the option of the County the regular hours of work each week may be scheduled on the basis of four (4) consecutive days of ten (10) consecutive hours of work per day, including meal and rest periods, or other similar hybrid of the regular workweek. The workweek and hours of work shall be scheduled by the Sheriff.
Section 2. Hours. The regular hours of work each day shall be consecutive, except for interruptions, for rest and meal periods, to the extent consistent with operating requirements of the Sheriffs' Office and the need for continuous service to the County through the week. In the event the County elects to schedule four (4) consecutive days of ten (10) hours work per day as the regular workweek, regular hours shall be scheduled by the Sheriff consistent with such weekly schedule.



 
Section 3. Work Schedules. Subject to Sections 1 and 2 of this Article VII, the work shifts shall consist of those prevailing on the effective date of this Agreement. All employees shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. Work schedules showing the employee's shifts, workdays and hours shall be posted on department Sheriff's Office bulletin boards. Except for emergency situations and for the duration of emergency, changes in work schedules shall be posted seven (7) days prior to the effective date of change.

 
Section 4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled in accordance with the operating requirements of each employee's duties. Dispatchers and Corrections Technicians shall notify their supervisors if it appears that a rest period cannot be scheduled during each half of the shift. If a Dispatcher or a Corrections Technician is not allowed this break, or other reasonable breaks necessitated by personal needs, a Dispatcher or Corrections Technician shall be paid one half hour overtime for each break that is missed, unless emergency response dictates an employee cannot take a break.

 
Section 5. Meal Periods. All employees shall be granted apaid meal period during each shift which shall normally be no less than thirty (30) minutes in duration. To the extent consistent
Section 1. All hours of work and work schedules shall be determined solely by the County.

 
Section 2. Workweek. A 'workweek' shall be defined as seven (7) consecutive calendar days commencing on the first day of the employee's work schedule. No provision of this Agreement shall be construed as establishing or inferring a guarantee of any hours of work per day or per week.

 
Section 4. Work Schedules. Subject to Sections 1 and 2 of this Article X, the work shifts shall consist of those prevailing on the effective date of this Agreement. All employees shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. Work schedules showing the employee's shifts, workdays and hours shall be posted on department bulletin boards. Except for emergency situations and for the duration of emergency, changes in work schedules shall be posted seven (7) days prior to the effective date of change.

 
Section 5. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled or taken as approved by the employee's supervisor in accordance with the operating requirements of each employee's duties. Unless otherwise scheduled by the employee's supervisor, the rest period shall not be taken during the first or last 90 minutes of the shift or within 60 minutes of the employee's meal period.





 
Section 6. Meal Periods. All employees shall be granted a meal period during each shift. To the extent consistent with operating requirements of the Sheriff's Office, meal periods shall be scheduled in the middle of the work shift.
Section 6. Shift Bidding. All employees whose classifications utilize shift work shall bid their shifts every three (3) months, commencing with the month of January of each year, with a rotational system for each employee in a classification gets to bid first. This will start with the most senior employee bidding first. After the employee has bid first for the shift, the employee will go to the bottom of the list for bidding for consecutive shifts. Employees will begin their bidding in the month before each quarter the shift change is to take place.[no comparable proposal]
ARTICLE 8
 
SICK LEAVE


 
Section 1. Accumulation. All employees will earn one day sick leave with pay for each calendar month of employmentduring which their employment has been eleven (11) or more workdays in that month. Sick leave must be taken for the purposes specified in this Article Section 2 hereof as a condition precedent to any sick leave payment. A total of 120 days may be accrued by an employee.
 
Section 2. Utilization for Illness or Injury. Employees may utilize their allowance for sick leave when unable to perform their work duties for reason of illness or injury. In such event, the employee shall notify the Sheriff or Supervisor of an absence due to illness or injury, the nature and expected length thereof, as soon as possible and in no event later than the first half of their first regular work shift unless unable to do so because of serious illness or injury. A physician's statement of the nature and identity of the illness, the need for the employee's absence, and the estimated duration of the absence may be required at the option of the Sheriff or Supervisor for absences of over three days prior to payment of any sick leave benefits that exceed three (3) days, or if the County has reasonable basis to believe that there is a pattern of sick leave abuse.
 
Section 3. Integration with Workman's Compensation. When an injury occurs in the course of employment, the County's obligation is to pay the difference between any pay received under Workman's Compensation laws and the employee's regular take home salary. It is further understood the County will provide this benefit for all employees hurt in the line of duty in the bargaining unit as long as they can prove they are under a doctor's care or until such time they are rehabilitated and working at
ARTICLE X

 
SICK LEAVE



 
Section 1. Accumulation. All employees will earn one day sick leave with pay for each calendar month during which their employment has been eleven (11) or more work days in that month. Sick leave must be taken for the purposes specified in section 2 hereof as a condition precedent to any sick leave payment. A maximum of 120 days may be accrued by an employee.
 
Section 2. Utilization for Illness or Injury. Employees may utilize their allowance for sick leave when unable to perform their work duties for reason of illness or injury. In such event, the employee shall notify the Sheriff or Supervisor of an absence due to illness or injury and the nature and expected length thereof, as soon as possible and in no event later than the first half of their first regular work shift unless unable to do so as a result of the serious illness or injury. A physician's statement of the nature and identity of the illness, the need for the employee's absence, and the estimated duration of the absence may be required at the option of the Sheriff or Supervisor for absences of over three days or if it reasonably appears that the employee may be exhibiting a pattern of sick leave abuse prior to payment of any sick leave benefits.
 
Section 3. Integration with Workman's Compensation. All Association [sic] employees will be insured under the provisions of the Oregon State Workmen's Compensation Act for injuries received while at work for the County. Sick leave may be incorporated with Workmen's Compensation as set forth in Article XX herein.
Section 4. Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the County for the remaining period of disability after accrued sick leave has been exhausted. The County may require that the employee submit a certificate from a physician periodically during the period of such disability.Section 4. Sick Leave Without Pay. Upon application by the employee, sick leave without pay may be granted by the County, in its sole discretion, for the remaining period of disability after accrued sick leave and federal and state leave benefits have been exhausted. The County may require that the employee submit a certificate from a physician periodically during the period of such disability.
Section 5. Funeral Leave. In addition to regular sick leave, an employee shall be granted not more than three (3) days funeral leave unless out of state, then not more than five (5) days funeral leave with regular salary in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law or father-in-law, grandparents and step children or any other person residing in the employee's immediate household.

 
Section 6. Termination. Sick leave is provided by the County in the nature of insurance against loss of income due to illness or injury. No compensation or accrued sick leave shall be provided for any employee upon his death or termination of employment, for whatever reason. Sick leave shall not accrue during any period of leave of absence without pay. In the event of an employee's death in the line of duty, one-half of an employee's accumulated but unused sick leave shall be payable to the employee's estate or designated beneficiary, as the case may be.

 
Section 7. PERS Contribution. The employer [sic] agrees to comply with the provisions of ORS 238.350, or any subsequent future amendment or deletion, to specifically credit retiring employees with one half (1/2) of their accumulated sick leave toward PERS retirement benefits.
Section 5. Funeral Leave. In addition to regular sick leave, an employee shall be granted not more than three (3) days funeral leave, unless out of state, then not more than five (5) days funeral leave with regular salary in the event of the death of a member of the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law or father-in-law or, if more generous, as defined in the Jefferson County Personnel Manual or the Oregon Family Leave Act.

 
Section 6. Termination. Sick leave is provided by the County in the nature of insurance against loss of income due to illness or injury. No compensation for accrued sick leave shall be provided for any employee upon his death or termination of employment, for whatever reason. Sick leave shall not accrue during any period of leave of absence without pay. In the event of an employee's death in the line of duty, one-half of an employee's accumulated but unused sick leave shall be payable to the employee's estate or designated beneficiary, as the case may be.

 
Section 7. PERS Contribution. The Employer [sic] agrees to comply with the provisions of ORS 238.350, or any subsequent future amendment or deletion, to specifically credit retiring employees with one half (1/2) of their accumulated sick leave toward PERS retirement benefits.
ARTICLE 9
 
OTHER LEAVES OF ABSENCE


 
Section 1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification therefore in instances where the work of the department Sheriff's Office will not be seriously handicapped by the temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for any employee for the purpose of accepting employment outside the service of the County.
 
Section 2. Jury. Employees shall be granted leave with pay for service upon a jury; provided, however, that the salary paid to such an employee for the period of absence shall be reduced by the amount of money received by the employee for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the Sheriff for assignment for the remainder of his or her the employee'sregular workday.
ARTICLE XI
 
OTHER LEAVES OF ABSENCE


 
Section 1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification therefore in instances where the work of the Sheriff's Office will not be seriously handicapped by the temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for any employee for the purpose of accepting employment outside the service of the County.
 
Section 2. Jury. Employees shall be granted leave with pay for service upon a jury; provided, however, that the salary paid to such an employee for the period of absence shall be reduced by the amount of money received by the employee for such jury service. Upon being excused from jury service for any day an employee shall immediately contact their shift supervisor for assignment for the remainder of the employee's regularly scheduled workday.
Section 3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority, provided, however, that the salary paid to such employee shall be reduced by an amount equal to any compensation he may receive as witness fees paid to the employee, shall be paid to the County upon receipt.[see ARTICLE XIII, COMPENSATION, Section 6, reproduced below in conjunction with Association proposal for Article 10, Compensation]
Section 4. Election Day. Employees shall be granted two hours to vote on any election day if, due to scheduling of work, they would not otherwise be able to vote.

 
Section 5. Family Leave. Employees shall be entitled tounpaid leave pursuant to the Family Medical Leave Act and the Oregon Family Medical Leave Act.

 
Section 6. Union Business. Employees elected to any union office or selected by the Union to do work which takes them from their employment with the County shall upon request of the Union and the Employee, be recommended by the Sheriff for a leave of absence without pay. Members of the Union selected to participate in other Union activity shall, to the extent consistent with the operating requirements of the department, be granted a leave of absence without pay at the request of the Union and the employee. Any employee who has been granted such a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned his position with the County unless the employee, prior to expiration of his leave of absence, has made application for and has been granted an extension of said leave of absence or has furnished evidence that the employee is unable to return to work by reason of sickness or injury.

 
Association Business. Association representatives shall be given time off, with pay, for the negotiation and re-negotiation of the collective bargaining agreement and any mid-contract bargaining that may be necessary. The County shall have to pay for no more than two (2) employees to be off with pay for these negotiations. In addition, Association representatives shall be allowed reasonable time off with pay to conduct necessary Association business. Such business shall be conducted as to not to [sic] unreasonably disrupt the performance of their duties for the County. The employee will obtain permission from the employee's supervisor before
ARTICLE XI
 
OTHER LEAVES OF ABSENCE


 
Section 3. Family Leave. Employees shall be entitled to paid or unpaid leave pursuant to the Family Medical Leave Act and the Oregon Family Medical Leave Act.
 
Section 4. Association Business. Employees elected to any Association office or selected by the Association to do work which takes them from their employment with the County shall upon request of the Association and the Employee, be recommended by the Sheriff for a leave of absence without pay. Members of the Association selected to participate in other Association activities shall, to the extent consistent with the operating requirements of the department, be granted a leave of absence without pay at the request of the Association and the employee. Any employee who has been granted such a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned his position with the County unless the employee, prior to expiration of his leave of absence, has made application for and has been granted an extension of said leave of absence or has furnished evidence that the employee is unable to return to work by reason of sickness or injury.
 
ARTICLE IV
 
ASSOCIATION RIGHTS


 
Section 4. Association Visitation. A duly authorized representative of the Association,






Section 7. Educational Leave.

 
7.1 After completing one year of continuous service, a Full-Time employee, upon written request, may be granted a leave of absence without pay by the Sheriff for the purpose of upgrading his professional ability through enrollment in educational courses related to the employee's employment, at an accredited school. The period of such leave of absence shall not exceed one year, but may be renewed or extended upon request of the employee and approval by the Sheriff. One-year leave of absence, with requested extensions, for educational purposes may not be provided more than once in a three-year period.

 
7.2 Employees may also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs, and other programs of similar nature that are intended to improve or upgrade the employee's skiff [sic] and professional ability when approved by the Sheriff.

 
Section 8. Military Leave With Pay. A Full-Time employee who has served with the County for six months or more immediately preceding an application for military leave and who is a member of the National Guard or of any reserve component of the Armed Forces of the United States, is entitled to a leave of absence from his duties for a period not exceeding 15 calendar days in any calendar year. Such leave shall be granted without loss of pay and without impairment of other benefits to which he is entitled. Military leave with pay may be granted only when an employee receives bona fide orders to active duty for a temporary period and shall not be paid unless the employee returns to his position with the County immediately following
ARTICLE XI
 
OTHER LEAVES OF ABSENCE


 
Section 5. Educational Leave.
 
5.1 After completing one year of continuous service, a full-time employee, upon written request, may be granted a leave of absence without pay by the Sheriff for the purpose of upgrading his professional ability through enrollment in educational courses related to the employee's employment, at an accredited school. The period of such leave of absence shall not exceed one year, but may be renewed or extended upon request of the employee and approval by the Sheriff. One-year leave of absence, with requested extensions, for educational purposes may not be provided more than once in a three-year period.
 
5.2 Employees may also be granted time off with pay for educational purposes, for reasonable lengths of time, to attend conferences, seminars, briefing sessions, training programs, and other programs of similar nature that are intended to improve or upgrade the employee's skills and professional abilities when approved by the Sheriff.
 
Section 6. Military leave with Pay. A full-time employee who has served with the County for six months or more immediately preceding an application for military leave and who is a member of the National Guard or of any reserve component of the Armed Forces of the United States, is entitled to a leave of absence from his duties for a period not exceeding 15 calendar days in any calendar year. Such leave shall be granted without loss of pay and without impairment of other benefits to which he is entitled. Military leave with pay may be granted only when an
Section 9. Military Leave Without Pay. A permanent employee shall be entitled to a military leave of absence without pay during a period of extended service with the Armed Forces of the United States. The employee shall, upon honorable separation from such service, be returned to a position in the same grade as their last-held position, at the salary rate prevailing for such grade, without loss of seniority or employment rights. If it is established that the employee is not physically qualified to perform the duties of their position by reason of such service, the employee shall be reinstated in other work, if available, that the employee is able to perform at the nearest appropriate level of pay to that of the employee's former grade. Such employee shall make application for reinstatement within ninety (90) days and shall report for duty within six months following separation from active duty with the Armed Forces. Failure to comply shall terminate military leave. An employee who voluntarily re-enlists or extends their period of military service shall be deemed to have canceled their military leave, and terminates that employees employment by the County. Permanent, Full-Time employees who are ordered to active duty for disciplinary reasons related to their service in the National Guard or Reserve Components of the United States Armed Forces shall be granted military leave without pay under the provisions of this section and shall qualify for leave with pay under the provisions of the preceding section.Section 7. Military Leave Without Pay. A permanent employee shall be entitled to a military leave of absence without pay during a period of extended service with the Armed Forces of the United States. The employee shall, upon honorable separation from such service, be returned to a position in the same grade as their last-held position, at the salary rate prevailing for such grade, without loss of seniority or employment rights. If it is established that the employee is not physically qualified to perform the duties of their position by reason of such service, the employee shall be reinstated in other work, if available, that the employee is able to perform at the nearest appropriate level of pay to that of the employee's former grade. Such employee shall make application for reinstatement within ninety (90) days and shall report for duty within six months following separation from active duty with the Armed Forces. Failure to comply shall terminate military leave. An employee who voluntarily re-enlists or extends their period of military service shall be deemed to have canceled their military leave, and terminated that employee's employment by the County. Permanent, full-time employees who are ordered to active duty for disciplinary reasons related to their service in the National Guard or Reserve component of the United States Armed Forces shall be granted military leave without pay under the provisions of this section and shall qualify for leave with pay under the provisions of the preceding section.






Section 10. Reinstatement. A full time employee who is laid off shall be offered recall to the position within three (3) years of the date of layoff, from which the employee was laid off, or any other position that becomes vacant for which the employee is qualified. Should the employee be reinstated to the employee's position, may be reinstated in an identical position if such a position is available within one year of the layoff. Reinstatement would preclude use of the open competitive process. Tthe employee shall be reinstated at the status (range, step and seniority) which he or she held at the time of layoff. A new anniversary date will be calculated based upon total time spent in the position held at the time of layoff but shall not include layoff time.
ARTICLE XII
 
REDUCTION IN FORCE


 
Section 3. A full-time employee who is laid off may be reinstated in an identical position if such a position is available within one year of the layoff. Reinstatement would preclude use of the open competitive process. The employee shall be reinstated at the status (grade, step and seniority) which the employee held at the time of layoff. A new anniversary date will be calculated based upon the total time spent in the position held at the time of layoff but shall not include layoff time.
ARTICLE 10

 
COMPENSATION



 
Section 1. Salary Schedule. Employees shall be compensated in accordance with the salary schedule attached to this agreement and marked Exhibit F [sic], which is hereby incorporated into and made a part of this Agreement. Step increases will be given to each employee on the anniversary date of their employment. When any position not listed on the salary schedule is established, the County shall designate a job classification and pay rate for the position. The UnionAssociation will be notified and that pay rate established by the County shall be considered tentative until mid-contract bargaining has been completed. the Union has been afforded an opportunity to meet and discuss the matter. If the Union does not agree that the classification or rate is proper, the Union may submit the issue as a grievance according to the grievance procedure.












 
Section 2. The County shall be a participant in the Public Employee's Retirement System (PERS). Effective July 1, 1988 and after the employee has worked 6 months, fulltime, tThe County shall make employee contributions to the Public Employee's Retirement System.


 
Section 3. Pay Periods. Salaries of employees
ARTICLE XIII

 
COMPENSATION


 
Section 1. Salary Schedule. Employees shall be compensated in accordance with the salary schedule attached to this Agreement and marked Exhibit A, which is hereby incorporated into and made a part of this Agreement. All new hired employees shall start a [sic] Step 1 of their job classification. There are no automatic step increases. Step increases will be granted on the basis of a satisfactory performance evaluation in all essential areas of work, as determined by the annual performance evaluation and related to the employee's job description. In the event that a step increase is to be denied, the employee will receive written notice 90 days prior to their anniversary date. This notice shall consist of the reason(s) why the increase is being denied and the action necessary, if any, to earn the increase. The employee will be re-evaluated at the end of the 90 day period. If the denial is claimed to have been made for unsatisfactory job performance, that issue may be submitted for grievance. Step increases will be given to each eligible employee on the anniversary date of their employment. When any position not listed on the salary schedule is established, the County shall designate a job classification and pay rate for the position. The Association will be notified and the pay rate established by the County shall be considered tentative until the Association has been afforded a lawful opportunity to meet and bargain the matter.
 
Section 2. The County shall be a participant in the Public Employee's Retirement System (PERS). After an employee has worked 6 months in a fulltime position, the County shall make employee contributions to the Public Employee's Retirement System unless otherwise required by law to make contributions earlier.
(b) All assigned work in excess of 40 hours in any workweek. A workweek is defined as either five (5) eight (8) hour days followed by two (2) consecutive days off, or four (4) ten (10) hour days followed by three (3) consecutive days off. Any time worked outside of those consecutive days off do [sic] to scheduled adjustments will be considered overtime. For an instance if an employee works five (5) eight (8) hour days and has one (1) day off and then starts a new "workweek" all said the time shall be overtime until the employee receives employee's two (2) consecutive days off that should have been scheduled.

 
(c) All assigned work performed on Saturday or Sunday except when such days are included in the regularly scheduled work week for the individual employee. Such employees shall be compensated for all work performed in the sixth and seventh days of their regular workweek.

 
(d) All paid time shall count as hours worked.
(b) All assigned work in excess of 40 hours in any workweek.













 
(c) All assigned work performed on Saturday or Sunday except when such days are included in the regularly scheduled work week for the individual employee.



 
(d) In computing overtime, sick leave, vacation leave or any other paid or unpaid leave shall not be counted as hours worked.
Section 5. Emergency Call Out and Court Appearance. If anofficer employee covered by this Agreement is called out or attends court for emergency back up on his or her day off, orduring off-duty hours, the officer employee shall be entitled to pay at time and one half his or her the employee's regular ratefor a. A minimum of three hours shall be attributed to the officer. The County recognizes that this premium pay is for the disruption of the employee's off duty time and shall not create any make work for the employee beyond the work or court appearance that is necessary.Section 5. Emergency Call Out.

 
A. Any employee called to report to work outside his or her regularly scheduled shift shall be compensated for a minimum of three (3) hours of work at the rate of time and one/half.

 
B. The three (3) hour call-in and pay minimum of subsection 1 above shall not apply in the situation where:
 
a. The employee is called to report for witness duty (see Court Appearances)
 
b. The employee is called to report for work and such work continues into his/her regularly scheduled shift, in which case, the employee shall be paid overtime at the rate of time and one/half for the number of hours worked prior to the beginning of this regularly scheduled shift and his or her regular pay for working his or her regularly scheduled shift; or
 
c. The employee is required to continue working beyond his or her regularly scheduled shift; or
 
d. The employee is provided 24 hours notice of the change of shift.

 
Subject to the conditions and limitations aforementioned, If an officer covered by the Agreement, is called out for emergency back-up on his or her day off, or during off duty hours, the officer shall be entitled to pay at time and one half his or her regular rate. A minimum of three hours shall be attributed to the officer, however, the officer shall be required to work the entire three hour period and shall report to his regularly assigned duties if the emergency call out concludes in less than two hours.
Section 6. Court Appearances. Employees that are required to appear in Court, during off duty hours, for reasons related to their employment shall receive a minimum of 3 hours of overtime pay, and must attach subpoena with overtime authorization request.Section 6. Court Appearances.

 
A. An employee required to report for a court appearance arising out of the performance of his or her duties as a peace officer shall be allowed leave of absence with pay, including the time required to travel to the court and return to the employee's regular place for reporting to work, when such attendance and travel is within the employee's scheduled shift.

 
B. An employee required to report for a court appearance arising out of the performance of his or her duties at a point in time that is more than three (3) hours before the beginning or more than three (3) hours after the end of his or her regular shift, shall be compensated for a minimum of three (3) hours at the rate of one and one/half. In the event the employee is required to appear as a witness within the provisions of this paragraph and is required to remain longer than three (3) hours, he or she shall be paid at the rate of time and one/half for the number of hours he or she is required to attend, rather than the minimum three (3) hours.

 
C. An employee required to report for a court appearance arising out of the performance of his or her duties, at a point in time three (3) hours or less before the beginning or at a point in time three (3) hours or less after the end of his or her regular shift, shall be compensated at the rate of time and one/half for the time elapsed between (a) the reporting time and the beginning of the regular shift, or (b) the end of the regular shift and the time the employee is released from the court appearance, whichever is applicable.

 
D. Any and all witness fees will be remitted to the County as a condition of receipt of payment from the County.
Section 7. Form of Compensation Compensatory Time. Compensation for work performed as prescribed in Section 5 and 6 above shall be paid for at time and one-half the employee's regular straight-time hourly rate. All such time must be approved in advance by the Sheriff or designated supervisor, except in the case of emergency which must be subsequently submitted to the Sheriff for approval, and shall be recorded and reported to the Sheriff or designated supervisor within twenty-four (24) hours of time worked. Such Employees may choose whether overtime shall be compensated in the form of compensatory time off or pay as may be mutually agreed upon, it shall be scheduled by agreement between the Sheriff or designated supervisor and the employee involved at such time as is mutually convenientand when an employee accrues compensatory time, the employee can schedule that time off in a manner consistent with the requirements of the FLSA. Compensatory time off which accumulates in an amount in excess of forty (40) hours will be paid for if not scheduled by mutual agreement prior to the beginning of the next calendar quarter.Section 7. Form of Compensation. Compensation for work performed as prescribed in Section 5 and 6 above, unless otherwise specified herein, shall be paid for at time and one-half the employee's regular straight-time hourly rate. All such time must be approved in advance by the Sheriff or designated supervisor, except in the case of emergency which must be subsequently submitted to the Sheriff for approval, and shall be recorded and reported to the Sheriff or designated supervisor within twenty-four (24) hours of time worked.
Section 8. Mileage. An employee required to report for special duty or assignment at any location other than the employee's permanent reporting location and who is required to use the employee's personal automobile for transportation to such location shall, upon prior approval by the Sheriff, be compensated at the IRS rate applicable by County standards per mile for the use of such automobile directly in the line of duty. It is also agreed that the employee will only be compensated for attending the Police Academy, to attend the Basic Academy for patrol, corrections or dispatch certified courses, if the employee uses the employee's personal automobile because a department vehicle (of good working condition) was not available.

 
Section 9. Other Expenses. An employee who is required to report for special duty or assignment at any location other than the employee's permanent reporting location, shall be reimbursed either in accord with the IRS rate for all expenses in conjunction with meals and overnight arrangements that the employee must make, or the employee can accept this on a per diem basis, or the employee will be issued a County credit card where the employee can charge the employee's actual expenses.
Section 8. Mileage. The designated primary workstation for all Sheriff's Office employees is the Sheriff's Office, jail and dispatch center in Madras. The Sheriff, at his discretion, may assign employees to other primary workstations than those listed above. Employees required by the Sheriff to report to a workstation other than their assigned primary workstation or the Madras Sheriff's Office facility and who are required to use their personal automobile for transportation to and from such location shall, upon prior approval by the Sheriff, be compensated at the County rate per mile for the job related use of such automobile.
ARTICLE 11
 
MAINTENANCE OF STANDARDS


 
The Employer [sic] agrees that all conditions of employment in its individual operations, relating to wages, course of work, overtime differentials and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvements are made elsewhere in this Agreement. It is agreed that the provisions of this section shall not apply to inadvertent bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement, if such error is corrected within ninety (90) days from the date of error. Any disagreement between the Local Union and the Employer with respect to this matter shall be subject to the grievance procedure.
ARTICLE III

 
SCOPE OF AGREEMENT



 
Section 1. The Agreement expressed herein in writing constitutes the entire agreement between the parties. It is understood that the specific provisions of this Agreement shall be the sole source of rights of the Association and the rights of any employees covered by this Agreement, and shall supersede all previous oral and written agreements between the County and the employees. The County is under no obligation to maintain past practices, existing conditions or historical prior benefits, oral or written.
 
Section 2. The County agrees to notify the Association prior to changing a past practice not addressed in this Agreement which the Employment Relations Board has specifically identified as a mandatory subject of bargaining. Should the Association so desire, the County will utilize the expedited bargaining process set out in ORS 243.698.
 
[Article III also reproduced below in conjunction with Association proposal for Article 15, Sections 4 and 5]
ARTICLE 12

 
DISCIPLINE AND DISCHARGE


 
Section 1. Discipline. Disciplinary action shall include the following:
 
(a) Oral reprimand by immediate supervisor and/or Sheriff
 
(b) Meeting with Sheriff or his designated representative
 
(c) Written reprimand
 
(d) Demotion
 
(e) Suspension
 
(f) Discharge
ARTICLE XIV

 
DISCIPLINE AND DISCHARGE


 
Section 1. Discipline. Disciplinary action may include the following sanctions:
 
(a) Oral reprimand;
 
(b) Written reprimand
 
(c) Suspension
 
(d) Demotion
 
(e) Discharge
 
These sanctions are independent of each other. Depending on the severity of the disciplinary offense, the County may commence disciplinary action at any level set out above.
Disciplinary action may be imposed for just cause, which shall include, but not be limited to the following:

 
a. Uupon any employee for failing to fulfill the employee's responsibilities as an employee.
 
b. Conduct reflecting discredit upon the Sheriff's Office, or which is a direct hindrance to the effective performance of County function, shall be considered good cause for disciplinary action.

 
c. Such cause may also include Mmisconduct,
 
d. Iinefficiency,
 
e. Iincompetency,
 
f. Iinsubordination,
 
g. Mmisfeasance,
 
h. Mmalfeasance,
 
i. Tthe willful giving of false information, or
 
j. Tthe withholding of information with intent to deceive when making application for employment,
 
h.[sic] Wwillful violation of departmental rules.
1. Disciplinary action may be imposed upon any employee for just cause, which shall include, but not be limited to, the following:

 
a. Failing to discharge responsibility as an employee;
 
b. Conduct reflecting discredit on the County or the Jefferson County Sheriff's Department;
 
c. Conduct which is a direct hindrance to the effective performance of County functions;
 
d. Misconduct;
 
e. Inefficiency;
 
f. Incompetence;
 
g. Insubordination;
 
h. Misfeasance;
 
i. Malfeasance;
 
j. Willful giving of false information;
 
k. Withholding of information with intent to deceive when making application for employment;
 
l. Willful violation of departmental rules;
 
m. Willful violation of County policy.
Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure. If the Sheriff or his appointed representative has reason to discipline an employee, he shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public.Any disciplinary action imposed upon an employee shall be protested only as a grievance through the regular grievance procedure. Any action taken under this paragraph will be done in such a manner as to impose the discipline or reprimand with as little embarrassment or humiliation to the employee as possible.
Section 2. Association Representation.

 
At the beginning of an interview, which the employee reasonably believes will result in discipline, the employee shall be informed of the nature of the complaint or charges before the employee is required to respond to questions concerning the same, and be given a reasonable amount of time to obtain representation. The interview will be conducted without coercion. The employee will be given reasonable breaks for personal purposes. The Association or the County may tape record the interview. The affected employee(s) shall be advised in writing of the disposition of the investigation no less than three (3) days following its completion.
[no comparable proposal]
Section 3. Due Process for Discipline

 
If discipline is to be imposed of an economic nature, the County shall give the employee notice of the proposed discipline, copies of all investigative reports that relate in any way to the discipline, and the employee shall have ten (10) days from the receipt of the investigative reports to respond either in writing or in person as to why the proposed discipline would be inappropriate.

 
Should the County believe that the disciplinary offense for which the employee is being charged is covered by the provisions of ORS 243.706 the County will so notify the employee with specificity as to which sections of the statute the County is relying upon for what acts the employee is alleged to have done. Failure to raise this statutory remedy by the County at the pre-discipline or pre-termination stage shall be a waiver of the County's right to rely on it thereafter.
[no comparable proposal]
Section 4. Discharge. An employee having less than twelve (12) months of continuous employment shall serve at the pleasure of the Sheriff and may be dismissed at any time without appeal. An employee having continuous service in excess of twelve (12) months shall be discharged only for justcause. If the Sheriff determines that there is cause for discharge, he shall suspend the employee without pay for five (5) days and shall deliver to the employee and the Union a written notice of such suspension and pending dismissal. Such notice shall specify the principle [sic] grounds for such action. Unless otherwise resolved, the dismissal shall become effective at the end of the five-day suspension. Protest of the discharge of any employee shall be made only through the grievance procedure set forth in Article XIII. The Union may process a grievance concerning suspension or discharge or both, at Step III of the grievance procedure. At no time shall a probationary period exceed twelve (12) months or such longer period as may be prescribed by the Oregon Board on Public Safety Standards and Training as a probationary period unless agreed by the Sheriff, employee and the Union in writing.Section 2. Discharge.

 
A. Probationary employees. Probationary employees possessing requisite certifications having less than twelve (12) months of continuous employment, shall serve at the pleasure of the County. Non-certified employees in a certified position having less than eighteen months of continuous employment shall serve at the pleasure of the County.
 
B. Regular employees. If the Sheriff determines that there is just cause for discharge of a regular employee, he shall suspend the employee with pay and shall deliver to the employee and the Association a written notice of such suspension and proposed dismissal. Such notice shall specify the principle [sic] grounds for such action. Protest of the discharge of any non-probationary employee shall be made through the grievance procedure. The Association may process a grievance concerning suspension or discharge, or both, at Step III of the grievance procedure.
[no comparable proposal]Section 3. Certification. Should an employee fail to obtain a Basic certification from the Oregon Department of Public Safety Standards and Training within the time limits specified in the employee's job description, and where such failure has not been caused by the County, such failure by the employee shall constitute just cause for discharge. Should an employee fail to obtain Intermediate or Advanced certificates within the time limits specified in their job description, they will not be entitled to receive grade and step advancements beyond the highest grade and step set forth for their current level of certification




















 


ARTICLE 13
 
SETTLEMENT OF DISPUTES


 
Section 1. Grievance and Mediation Procedure. Any grievance or dispute which may arise between the parties concerning the application, meaning, or interpretation of this Agreement shall be settled in the following manner:
ARTICLE XV

 
GRIEVANCE DEFINITION



 
Section 1. A grievance is a claim or allegation by an employee that the County is violating a specific contract provision of this Agreement. The grievant shall identify the specific Article and subsection including the exact language alleged to have been violated.
 
ARTICLE XVI
 
SETTLEMENT OF DISPUTES


 
Section 1. Grievance Procedure. This Article shall set forth the grievance procedures to be used in resolving disputes arising out of this Agreement. Failure to serve timely notice at any step of the grievance procedure shall constitute waiver of the grievance. Any grievance or dispute which may arise between the parties concerning the application, meaning, or interpretation of this Agreement shall be settled in the following manner:
Step I1. The affected employee or the Association shall take up the grievance or dispute with the Sheriff or the Sheriff's designee employee's supervisor within 72 hours fourteen (14) days of its occurrence, excluding Saturday and Sunday. The Sheriff of Jefferson County shall then attempt to adjust the matter within three (3) working days.

 
Step II2. The County shall issue its response within fourteen (14) days of the meeting. Should the grievance not be resolved, the Association. [sic] If the grievance has not been settled between the affected employee and the Sheriff, it may be presented in writing by the Union representative to the Sheriff within 72 hours, excluding Saturday and Sunday, after the Sheriff's response is due. The Sheriff shall respond to the Union representative in writing within three (3) working days after receipt thereof.
Step I. The affected employee shall take up the grievance or dispute with the employee's immediate supervisor within 72 hours of its occurrence, excluding Saturday and Sunday. The employee's immediate supervisor shall then attempt to adjust the matter within three (3) working days.

 
Step II. If the grievance has not been settled between the affected employee and the immediate supervisor, it may be presented in writing by the Association to the Sheriff within 72 hours, excluding Saturday and Sunday, after the immediate supervisor's response is due. The Sheriff shall respond to the Association representative in writing within three (3) working days after receipt thereof.
Step III. Board of Adjustment. If the grievance is not resolved at Step II, it shall be referred to a Board of Adjustment by written notice which is served on the County within five (5) working days after the failure to resolve the grievance at Step I or with [sic] five (5) working days after expiration of the time limit applicable to that step. Failure to serve timely notice or referral to the Board of Adjustment shall constitute waiver of the grievance. The Board of Adjustment shall consist of two (2) representatives appointed by the Union, and two (2) representatives appointed by the County, The Board shall hear the matter at a mutually convenient time and place within ten (10) working days following written referral to the Board of Adjustment. Upon hearing the matter, the Board shall issue a written decision signed by the members within twenty-four (24) hours, The majority of the Board of Adjustment shall determine the matter, and such decisions shall be final and binding on all parties, the County, the Union and the grievant or grievants. Each member of the Board of Adjustment shall be entitled to one vote. In the event the Board of Adjustment is deadlocked, such result will be noted in writing. The grievance may then be referred to arbitration as provided herein by written notice to the County, served within five (5) working days following such action by the Board of Adjustment. Failure to serve timely notice of referral to arbitration shall constitute waiver of the grievance. The parties may, by mutual agreement, waive submission of a grievance to the Board of Adjustment.

 
Step IV. If the grievance is still unsettled, either party may, within ten (10) days after the reply of the Sheriff of Jefferson County is due, provide written notice to the other party and request Arbitration of the dispute under Step V. hereof.
Step V3. If the grievance is still unsettled, either party may, within ten (10) days of the decision of the Sheriff or his designee(s) under Step IV, have has the right to have the matter submitted to final and binding arbitration by a third party jointly agreed upon by the Sheriff County and the UnionAssociation. If the parties are unable to agree upon an arbitrator, the Oregon State Mediation and Conciliation Service shall be requested to submit a list of seven (7) names. Both the County and the Union Association shall have the right to strike three (3) names from the fist list. The party requesting arbitration shall strike the first name and the other party shall then strike one name. The parties will flip a coin to determine who strikes first. The looser [sic] shall strike first. The process shall be repeated and the remaining person shall be the arbitrator. The designated arbitrator shall hear both parties and take testimony and evidence in a hearing on the disputed matter and shall issue a decision which shall be final and binding on the parties if within the scope of this Agreement. Expenses for the arbitrator shall be borne by the losing party; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. The time limits prescribed in this Article XIII shall be binding on all parties and shall be jurisdictional in nature unless extended by mutual consent.Step III. If the grievance is still unsettled, either party may, within ten (10) days after the reply of the Sheriff of Jefferson County is due, provide written notice to the other party and request final and binding arbitration by an Oregon arbitrator jointly agreed upon by the Sheriff and the Association. If the parties are unable to agree upon an arbitrator, the Oregon State Mediation and Conciliation Service shall be requested to submit a list of seven (7) Oregon arbitrators. Both the County and the Association shall have the right to strike three (3) names from the list. The parties shall flip a coin to determine which party shall strike the first name and the other party shall subsequently strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The designated arbitrator shall hear both parties and take testimony and evidence in a hearing on the disputed matter and shall issue a decision which shall be final and binding on the parties if within the scope of this Agreement. Expenses for the arbitrator shall be borne by the losing party; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. The time limits prescribed in this Article shall be binding on all parties and shall be jurisdictional in nature unless extended by mutual consent.






Section 2. Employees selected by the Union to act as Union representatives, shall be known as "stewards". The name of the employees selected as stewards, and the name of Local Union representatives, state council or international representatives who may represent employees shall be certified in writing to the Sheriff of Jefferson County by the Union. Duties required by the Union of stewards, excepting attendance at meetings with the Sheriff, supervisor personnel and aggrieved employees arising out of a grievance already initiated by an employee under Section I hereof, shall not interfere with their, or other employees regular work assignments as employees of the County. Contracts [sic] between stewards and employees or the Union, except the aforementioned meetings, shall be made outside of working hours.

 
Section 3. The Sheriff of Jefferson County or his designee(s) shall meet at mutually convenient times with the Union grievance committee. All grievance committee meetings with the Sheriff of Jefferson County shall be held, if practicable during working hours, on County premises, and without loss of pay to authorized participating employees. The Union grievance committee shaft [sic] consist of two members selected by the Union.

 
The purpose of the grievance committee meeting will be to adjust pending grievances and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Sheriff of Jefferson County other issues which would improve relationships between the parties. Prior notice of topics for discussion at such meetings shall be furnished by each party to the other.
ARTICLE IV
 
ASSOCIATION RIGHTS


 
Section 5. Stewards. Employees selected by the Union [sic] to act as Association representatives, shall be known as "stewards". The name of the employees selected as stewards and any additional Association representatives who may represent employees shall be certified in writing to the Sheriff of Jefferson County by the Association. Duties required by the Association stewards, excepting attendance at meetings with the Sheriff, supervisory personnel and aggrieved employees arising out of a grievance already initiated by an employee under Article XVI hereof, shall not interfere with their regular work assignments or other employee's regular work assignments as employees of the Sheriff's Office. Association business between stewards and employees of the Association, except the aforementioned meetings, shall be conducted outside of working hours.
ARTICLE 14

 
PROBATIONARY PERIOD



 
Section 1. Purpose. The probationary period is an integral part of the employee selection process and provides the County with the opportunity to upgrade and improve thedepartment Sheriff's Office by observing a new employee's work, training and aiding new employees in adjusting to their positions, and by providing an opportunity to reject any employee whose performance fails to meet required work standards.
 
Section 2. Duration of Probationary Period. Every new employee hired into the bargaining unit shall serve a probationary period of twelve (12) full months.






 
Section 3. The Union Association recognizes the right of the County to terminate probationary employees for any reason and to exercise all rights not specifically modified by this agreement with respect to such employees, including, but not limited to the shifting of work schedules and job classifications, and assignment of on-the-job-training, cross training in other classifications., and the requirement that such employees attend [sic] will be compensated on a straight-time basis by the granting of compensatory time off.
ARTICLE XVII

 
PROBATIONARY PERIOD


 
Section 1. Purpose. The probationary period is an integral part of the employee selection process and provides the County with the opportunity to upgrade and improve the department by observing a new employee's work, training and aiding new employees in adjusting to their positions, and by providing an opportunity to reject any employee whose performance fails to meet required work standards.
 
Section 2. Duration of Probationary Period. Whenever a new employee is hired, promoted or transferred into a bargaining unit position, he/she shall serve a probationary period of twelve (12) months of employment, unless the position requires certification by the Oregon DPSST and he/she does not possess the certification required for the position, in which event the probationary period shall be eighteen (18) full months of employment.
 
Section 3. The Association recognizes the right of the County to terminate probationary employees for any reason and to exercise all rights not specifically modified by this agreement with respect to such employees, including, but not limited to the shifting of work schedules and job classifications, and assignment of on-the-job-training, crosstraining in other classifications.
Section 4. Promotional Probation. Any employee who accepts a higher paying position within the Association in the Sheriff's Office will be on promotional probation. Should the employee, in the County's determination, unsuccessfully complete the probation, the employee shall be allowed to return to the employee's previous classification with no loss of seniority or benefits.Section 4. In instances where a current employee who has successfully completed their probationary employment, assumes a different position in the bargaining unit, the employee will be subject to reclassification to his/her former position for unsatisfactory performance in the new position or he/she may voluntarily return to his/her last job position, for a period of up to sixty (60) calendar days from the date the employee assumes the different position. After the sixty (60) calendar days, the employee will only be entitled to return to the next available opening in the employee's previous classification for up to six (6) months from the date the employee assumed the new position within the Sheriff's Department. Employee's in the bargaining unit who accept employment in any other County position not covered by this agreement forfeit the right to return to their prior classification for failure to complete probation in the new position, voluntarily terminating their probation in the new position, or for any future dismissal from the new position.
ARTICLE 15  
GENERAL PROVISIONS


 
Section 1. No Discrimination. The provisions of this agreement shall be applied equally to all employees in this bargaining unit without discrimination as to marital status, race, color, creed, national origin, or political affiliations. Criteria established by the Oregon Board on Public Safety Standards and Training with respect to the age of duty officers shall be applied with respect to factors involving age. The Union shall share equally with the County the responsibility for applying this provision of the Agreement.
 
All reference to employees in this-agreement designated both sexes, and wherever the male gender is used, it shall be construed to include the male and female employees.
 
Employees shall have the right to form, join and participate in the activities of the Union Association or any other labor organization, or to refrain from any or all such activities, and there shall be no discrimination by either the County or theUnion Association by reason of the exercise of such right except as specifically provided herein.
 
Nothing in this Agreement shall be construed as precluding or limiting the right of an individual employee to represent himself in individual personal matters.
ARTICLE XVIII

 
GENERAL PROVISIONS



 
Section 1. No Discrimination. The provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, disability, national origin, Association or political affiliation. The Association shall share equally with the Employer the responsibility for applying this provision of the Agreement. The Employer and the Association agree not to interfere with the rights of employees to become or not become members of the Association, and there shall be no discrimination, interference, restraint, or coercion by the Employer or the Association, or any Employer representative, or any Association representative against any employee because of Association membership, non-Association membership, or for any other cause.






Section 2. Bulletin Boards. The County agrees to furnish and maintain suitable bulletin boards in convenient places in each work area to be used by the Union Association. The UnionAssociation shall limit its posting of notices and bulletins to such bulletin boards.
ARTICLE IV  
ASSOCIATION RIGHTS


 
Section 3. Bulletin Boards. The County agrees to provide suitable space on County bulletin board(s) for Association use. No material shall be posted except notices of meetings and elections, results of elections, changes in Association by-laws, newsletters, notices of employee social occasions and similar Association business. All material shall be signed by an officer or steward of the Association and dated. Postings shall be limited to the official bulletin board space.
Section 3. Visits by Union Representatives. The County agrees that accredited representatives of the District Council of Laborers and laborers Union, Local 121, upon reasonable and proper introduction, shall have reasonable access to the premises of the County at any time during working hours for the purpose of assisting in the administration of thisSection 4. Association Visitation. A duly authorized representative of the Association, upon reasonable notice, may be permitted at reasonable times to enter the facilities operated by the County for the purpose of transacting Association business. However, the Association's representative shall, upon arrival at the County's facilities, request permission from the Sheriff or his designee to transact Association business. Transaction of any business shall be conducted at an appropriate location, shall not take place during work time, shall not interfere with the work of other employees and shall not take place in any secure areas of the County facilities.






Section 4. Existing Conditions. Only such existing and future work rules and benefits as are specifically covered by the terms of this Agreement shall be affected by recognition of the Union and the execution of this Agreement. The County agrees that no one covered by this Agreement shall suffer a loss of compensation by reason thereof. It is further agreed that iIf modification of work rules or benefits covered by a specific provision of this Agreement is proposed any such modifications shall be negotiated between the parties hereto. Whenever any conditions are changes [sic] or new conditions are established, they shall be posted prominently on all bulletin boards for a period of ten (10) consecutive workdays. The Union and the Sheriff of Jefferson County will jointly participate in making recommendations concerning all new classifications.



 
Section 5. Rules. The parties jointly recognize that as elected officials the County Commissioners and the Sheriff of Jefferson County are directly responsible to the citizens of the County and the public for performance of the functions and services performed by the County and the Sheriffs Office in particular. These responsibilities cannot be delegated. For this reason, it is jointly recognized that the County Commissioners and the Sheriff must retain broad authority to fulfill and implement their responsibilities and may do so by work rule, oral or written, existing or future. It is agreed, however, that no work rule will be promulgated or implemented which is inconsistent with a specific provision of this Agreement, provided that the requirements of Oregon Law will always be paramount. All work rules which have been or shall be reduced to writing will be furnished to the UnionAssociation and to affected employees.
ARTICLE III
 
SCOPE OF AGREEMENT


 
Section 1. The Agreement expressed herein in writing constitutes the entire agreement between the parties. It is understood that the specific provisions of this Agreement shall be the sole source of rights of the Association and the rights of any employees covered by this Agreement, and shall supersede all previous oral and written agreements between the County and the employees. The County is under no obligation to maintain past practices, existing conditions or historical prior benefits, oral or written.
 
Section 2. The County agrees to notify the Association prior to changing a past practice not addressed in this Agreement which the Employment Relations Board has specifically identified as a mandatory subject of bargaining. Should the Association so desire, the County will utilize the expedited bargaining process set out in ORS 243.698.






Section 6. Side Arms and Ammunition for Training Practice Purposes. At a side arm meeting, the Sheriff's specifications shall be furnished to each road deputy. The Sheriff shall provide such a semi-automatic side arm for the use of employees who do not wish to purchase their own weapon. In the event an employee uses a County provided side arm and subsequently purchases their own, such weapon issued shall be returned promptly to the Sheriff. Each employee shall be responsible for the care and maintenance of their sidearm and if a County weapon is used, shall return it in serviceable condition upon termination of their employment. The County will provide 500 rounds of ammunition to each officer who participates in a program of organized training and practice, including organized competition between police departments. In addition, the County will provide, as available, up to 500 rounds to each officer per year for personal practice. The County will furnish not less than eighteen (18) rounds of new service ammunition (factory loads) meeting current FBI-recommended standards every ninety (90) days. Such ammunition is for the purpose of maintaining fresh service ammunition to be carried on the person of officers covered.
ARTICLE XVIII
 
GENERAL PROVISIONS


 
Section 2. Side Arms and Ammunition for Training Practice Purposes. A side arm, which shall meet the Sheriff's specifications, shall be furnished to each road deputy. The Sheriff shall provide such a side arm for the use of employees who do not wish to purchase their own weapon. In the event an employee uses a County provided side arm and subsequently purchases their own, such weapon issued shall be returned promptly to the Sheriff. Each employee shall be responsible for the care and maintenance of their sidearm and if a County weapon is used, shall return it in serviceable condition upon termination of their employment. The County will furnish new service ammunition (factory loads) meeting current standards annually. Such ammunition is for the purpose of maintaining fresh service ammunition to be carried on the person of officers covered.
Section 7. Uniforms and Protective Clothing. The County will furnish three (3) uniforms (one grade) protective clothing or any type of protective device which an employee is required to wear. The County will make arrangements for the dry cleaning of such clothing or items which County requires employees to wear. Included is a bullet proof protective vest to be made available to road deputies and detectives for use while on duty, such vests to be of the standard manufactured by Morgan, Armor of America, or equivalent. All such equipment shall remain department Sheriff's Office property, shall be available for inspection as required by the Sheriff, and shall be returned upon termination of employment.Section 3. Uniforms and Protective Clothing. The County will furnish three (3) uniforms (one grade) protective clothing or any type of protective device which an employee is required by the Sheriff to wear. The County will make arrangements for the cleaning of such clothing or items that the County requires employees to wear. Included is a bullet proof protective vest to be made available to road deputies and detectives for use while on duty. All such equipment shall remain Sheriff's Office property, shall be available for inspection as required by the Sheriff, and shall be returned upon termination of employment. It is expressly recognized and understood that title for all items issued remains with the County and that upon termination of employment for any reason whatsoever, all items will be returned to the County or purchased from the County at the original purchase price paid by the County. Final payment of wages to the employee shall be contingent upon satisfaction of this section. The loss of any assigned items by an employee as a result of negligence or wrongful and willful misconduct while in the execution of his or her duties or any loss of County property not arising out of the employee's conduct of his or her duties shall require replacement of such equipment with all costs attendant thereto borne by the employee.
Section 8. Seniority. This shall be defined as continuous service as defined in Article 6 Section 2. the total length of unbroken service within the Sheriffs Office of Jefferson County. In the event that the Sheriff determines that a reduction in force is required in any Division within the Department classification, the employee with the leastclassification seniority within the affected Divisionclassification shall be laid off first.

 
Employees shall be permitted to bump down to classifications which they have previously held. At that time, the employee will utilize the employee's continuous service as the seniority for comparison with other employees in the lower paid classifications for purposes of bumping.
Section 4. Seniority. This shall be defined as the total length of unbroken service within the Sheriffs Office of Jefferson County.

 
ARTICLE XII
 
REDUCTION IN FORCE


 
Section 1. A reduction in force (RIF) may occur at any time within a department or program for reasons such as efficiency, reorganization, actual or projected lack or limitation of funds or work, or for other administrative readjustments. The County shall have the right to determine the programs or classifications to be affected by the RIF. Nothing in this Article or the following procedures shall limit the Sheriff's authority to set and alter work schedules for the Department as a whole or for any sub-department, sub-unit, or classification within the Department.
 
Section 2. When more than one position is affected by a RIF, the County may establish the order in which the positions are affected based upon the importance that each position has to the continued operations of the Department and the circumstances that have necessitated the RIF. Where more than one employee is affected in a specified program or classification, seniority shall be the determining factor in deciding which employees are laid off providing that the skill, competency, abilities and past performance of the employees being considered are substantially the same in the opinion of the County. Seniority shall be defined as the total length of unbroken service with the Jefferson County Sheriff's Department.






Section 9. Other Employment. Outside employment as an officer or in uniform shall be permitted only with the express prior approval of the Sheriff which shall not be unreasonably withheld
ARTICLE XVIII
 
GENERAL PROVISIONS


 
Section 5. Other Employment. Outside employment as an officer or in uniform shall be permitted only with the express prior approval of the Sheriff.
Section 10. Reserve Officers. The parties jointly recognize the existing practice of supplementing law enforcement service to the citizens of the County by means of reserve officers. It is agreed that this practice is beneficial to the quality of law enforcement provided to the public and shall continue or be augmented as scheduled at the option of the County. It is further agreed that no officers covered by this Agreement may work as reserve officers during off-duty hours. No officer shall be required to serve in the capacity of a reserve officer for such purposes. Employees working as reserve officers shall not be included in the bargaining unit nor covered by the terms of this Agreement. It is further understood that full-time officers will not be laid off nor kept on layoff status as a result of the employment of a reserve officer or combination of reserve officers.Section 6. Reserve Officers. The parties jointly recognize the existing practice of supplementing law enforcement service to the citizens of the County by means of reserve officers. It is agreed that this practice is beneficial to the quality of law enforcement provided to the public and shall continue or be augmented as scheduled at the option of the County. It is further agreed that no officers covered by this Agreement may work as reserve officers for Jefferson County during off-duty hours. No officer shall be required to serve in the capacity of a reserve officer for such purposes. Reserve officers shall not be included in the bargaining unit nor covered by the terms of this Agreement. It is further understood that full-time officers will not be laid off nor kept on layoff status as a result of the employment of a reserve officer or combination of reserve officers.
Section 11. Personnel Files. The County will notify an employee whenever any new material or information is placed in the employee's personnel file. The affected employee may note or attach any comments and/or objections the employee may have to the new information or material and such notes or attachments shall be placed in the employee's personnel file. Any material which reflects discredit on an employee may only be placed in the employee's file with the employee's signature on it, indicating receipt of the document only, not agreement with its content. If an employee refuses to sign the document, the County may nevertheless place the document in the employee's file with a written note indicating the date and in the presence of which management representative the employee refused to sign.Section 7. Personnel Files. The County will notify an employee whenever any new material or information is placed in the employee's personnel file. The affected employee may note or attach any comments and/or objections the employee may have to the new information or material and such notes or attachments shall be placed in the employee's personnel file. Any material which reflects discredit on an employee may only be placed in the employee's file with the employee's signature on it, indicating receipt of the document only, not agreement with its content. If an employee refuses to sign the document, the County may nevertheless place the document in the employee's personnel file with a written note indicating the date and in the presence of which management representative the employee refused to sign.
Section 12. Residency. There shall be no residency requirement.Section 8. Residency. It is the express requirement of the County that all employees of the Jefferson County Sheriff's Department, with the exception of contract services personnel, shall be residents of Jefferson County. Any person hired and living outside of Jefferson County shall be given a reasonable period of time, which shall not exceed the duration of the employee's probationary period plus six additional months, to move into Jefferson County. The County governing body, at its sole discretion, may waive the residency requirement if it is shown that the position cannot be filled by a qualified Jefferson County resident.
ARTICLE 16

 
HEALTH AND WELFARE AND RETIREMENT



 
Section 1. Health and Welfare. Jefferson County agrees to provide Active and Associate coverage for the employees and their dependents in the bargaining Unit which [sic] work 80 hours or more per month. The insurance coverage shall be reasonably comparable to the insurance plan that is currently in existence when taken as a whole.
 
The County shall provide LTD coverage, at least sixty six percent (66%) of the employee's salary. The County shall contribute 90% of the premium and the employee shall contribute 10% of the premium which will be withdrawn from their paycheck retroactive to July 1, 2002. A composite insurance rate shall be used for this provision. If necessary, this will be internally generated. The County contribution for all employee health benefits shall not exceed a combined total of $550 per employee per month in year one and $575 per employee per month for the remainder of the contract. The employee shall be required to pay any combined premium differentials in excess of the above stated monthly cap. Should premium costs exceed the above stated cap in year four or five of this agreement, the county and the union will renegotiate the amount of county and employee contributions paid for health benefit premiums. Current rate of this plan is $461.00 per month. The County shall submit payments each month on behalf of eligible employees for the preceding month to: Associated Administrators, 2929 N.W. 31st St., Portland, Oregon 97210, the administrators, of the Fund. The purpose of the foregoing is to provide family protection for eligible employees and their dependents. In the event two employees covered by this Agreement are the same immediate family so as to be in the relationship of primary insured and dependentunder the Health & Welfare Fund
ARTICLE XIX

 
HEALTH AND WELFARE AND RETIREMENT


 
Section 1. Health and Welfare. The Jefferson County agrees to provide City County Insurance Services Traditional or Preferred Provider Plan I (80/20 with a $200.00 deductible) coverage for the employees and their dependents in the bargaining unit which work 80 hours or more per month. The County shall contribute 90% of the premium and the employee shall contribute 10% of the premium which will be withdrawn from their paycheck. The County contribution for all employee health benefits (medical, dental and optical) shall not exceed a combined total of $600 per employee per month in year one and $625 per employee per month for the remainder of this Agreement. The employee shall be required to pay any combined premium differentials in excess of the above stated monthly cap. The County shall submit payments each month on behalf of eligible employees for the preceding month to: City County Insurance Services, the administrators, of the plan. The purpose of the foregoing is to provide family protection for eligible employees and their dependents. In the event two employees covered by this Agreement are of the same immediate family so as to be in the relationship of primary insured and dependent under the plan, the County shall not be obligated to duplicate either contributions or benefits for the same family unit.




[no comparable proposal]
ARTICLE XXI
 
LIABILITY INSURANCE


 
Section 1. The County shall purchase liability insurance in such amounts and containing such terms and conditions as are necessary for the protection of all employees and all other persons covered by this Agreement against claims against them incurred in or arising out of the performance of their official duties. The premium for such insurance shall be paid by the County.






Section 2. Retirement. The County agrees to pick up the employee's share of PERS.
ARTICLE XIX  
HEALTH AND WELFARE AND RETIREMENT



 
Section 2. Retirement. The County agrees to pick up the employee's share of PERS.
ARTICLE 17

 
WORKMEN'S COMPENSATION


 
Section 1. Workmen's Compensation. All County Employees will be insured under the provisions of the Oregon State Workmen's Act for injuries received while at work for the County.
 
Section 2. Supplementary Payment. Salary paid for a period of sick leave, for a period not to exceed one year from the initial date of time lost due to compensable injury, which is also covered by Workmen's Compensation, shall be equal to the difference between the Workmen's Compensation for lost time and the employee's regular take home salary. In such instances, prorated charges will be made against accrued sick leave.
ARTICLE XX

 
WORKMEN'S COMPENSATION


 
Section 1. Workmen's Compensation. All County Employees will be insured under the provisions of the Oregon State Workmen's Act for injuries received while at work for the County.
 
Section 2. Integration of Sick Leave with Worker's Compensation. An employee who has sufficient sick leave accumulated and who is eligible for worker's compensation payments for an injury sustained while in the service of the Jefferson County Sheriff's Office shall receive, at the employee's option, prorated sick leave payments equal to the difference between the employee's worker's compensation payment and their regular net salary.
ARTICLE 20

 
TERMINATION AND REOPENING


 
This agreement is to be for five (5) years three (3) effective upon issuance of the interest arbitration award through June 30, 2005. July 1, 1999 to June 30, 2004. Written notice to reopen the Agreement shall be served by either party or [sic] the other on or about November 1, 2004. Negotiations shall commence within 15 days of said notice, unless otherwise agreed. During the period of negotiations, this agreement will remain in full force and effect.
ARTICLE XXIII

 
TERMINATION AND REOPENING


 
This Agreement is to be for Three (3) years July 1, 2002 to June 30, 2005.
EXHIBIT "A"


 
Retroactive to July 1, 2002 the wages for all members of the bargaining unit shall be increased by two percent (2%).

 
Effective January 1, 2003, again on January 1, 2004, and on January 1, 2005, the wages for Dispatchers and Corrections Technicians shall be increased by three percent (3%). The wages for Patrol Deputies shall be increased by two percent (2). The wages for Corrections Officers shall be increased by one percent (1%).

 
Effective July 1, 2003 and July 1, 2004 the wages of all employees shall be increased in an amount equal to the annual increase in US CPI-W all cities, May to May, with minimum of two percent (2%) and a maximum of six percent (6%).

 
[table omitted; it provides for salary levels for "Starting" and yearly Year 1 through Year 6 for each classification, but specific wages are not set out in the table. Association asserts in its exhibits that steps are 5% apart, except for the last step, which is 4% above the prior step.]

 
The above schedule reflects an increase of 3.4% over the FY 00-01 Schedule, based on the CPI-W for All Cities, for the period January 1, 1999 through December 31, 2000.
EXHIBIT A
 
SALARY STRUCTURE


 
Cost-of-Living
 
Employees [sic] of the Jefferson County Law Enforcement Association agree to use the All U.S. Cities Consumer Price Index (CPI-W) based on the January through December report of the calendar year immediately preceding the new fiscal year as follows:
 
1. Actual, but not less than 1.5 percent, up to five percent (5.0%).
 
2. Five percent to six percent (5.0% to 6.0%), pay five percent (5.0%).
 
3. Over six percent (6.0%), renegotiate wages only, with five percent (5%) being minimum received.
 
[Table omitted; provides for three steps for non-certified Deputies, Correction Officers, and Dispatchers; 8-12 steps for certified Deputies, Correction Officers, and Dispatchers; 5 steps for Corrections Techs; and 12 steps for the remaining unit personnel. Deputies, Corrections Officers, and Dispatchers without Intermediate or Advanced certification are at Grade I; Intermediate certification leads to Grade II; and Advanced certification leads to Grade III. Salary levels at the equivalent step are 5% higher for each higher grade; steps vary in degree, with higher steps more closely-spaced in amount. Table as a whole does not indicate the change in salary levels from the Laborers Agreement for any classification.]
 
Step Increases
1) Certificates:  
A. Intermediate Certificate $75.00
 
B. Advanced Certificate $50.00
Certificates

 
Intermediate: Upon successfully attaining the appropriate Intermediate Certificate from DPSST, a Deputy I or Correction Officer I, will be promoted to the Grade of Deputy II or Correction Officer II and receive a 5% salary increase within that Grade. The increase will be effective for the entire month in which it is received. If an employee/applicant already holds the appropriate Intermediate Certificate from DPSST, he/she will be started as a PD-II or CO-II.

 
Advanced: Upon successfully attaining the appropriate Advanced Certificate from DPSST, a Deputy or Correction Officer will be promoted to the Grade of Deputy-III or Correction Officer-III and receive a 5% salary increase within that Grade. The increase will be effective for the entire month in which it is received. If an employee/applicant already holds the appropriate Advanced Certificate from DPSST, he/she will be started as a PD-III or CO-III.

 
Dispatchers will be promoted to the Grade of Dispatcher II based on satisfying the following criteria: be fully qualified to perform all functions and possess all certifications required for a Dispatcher I, and successfully complete a Certified Field Training Employee Program (FTEP) responsible for training dispatchers, and have at least two years experience in dispatch, OR have at least two years of experience in dispatch and demonstrate proficiency in reading, writing and speaking Spanish as a second language as demonstrated by successful completion of a proficiency exam approved and administered by the Sheriff.

 
Dispatchers who receive a DPSST Intermediate Certificate will be promoted to the Grade of Dispatcher III and receive a 5% salary increase within that Grade. The increase will be effective for the entire month in which it is received. If an employee/applicant already
2) Incentives shall be: for five (5) years - $25 per month, and for ten (10) years - $50 per month.

 
3) Any employee not in the classification of Correction Officer, or Deputy Sheriff Matrons shall continue to receive $30.00 for each booking performed when called in, plus mileage at the regular county rate.
[no comparable provision]



 
[no comparable provision]




4) Those employees accruing three or four weeks of vacation per year will have the option on June 1 of each fiscal year to sell back to the county one week of vacation.
Vacation Sell Back

 
Those employees accruing at least three weeks of vacation per year will have the option of June 1 of each fiscal year to sell back to the county one week of vacation.




FISCAL YEAR 2000-02, 2001-02, 2002-03, 2003-04:  
Union employees of the Sheriff Department agree to use All US Cities Consumer Price Index (CPI-W) based on the January through December report of the calendar year immediately preceding the new fiscal year as follows:
 
1.5% - 5% Pay Actual
 
5% - 6% Pay 5%
 
Over 6% Renegotiate wages only with 6% being minimum to be received
Cost-of-Living

 
Employees [sic] of the Jefferson County Law Enforcement Association agree to use the All U.S. Cities Consumer Price Index (CPI-W) based on the January through December report of the calendar year immediately preceding the new fiscal year as follows:

 
1. Actual, but not less than 1.5 percent, up to five percent (5.0%).
 
2. Five percent to six percent (5.0% to 6.0%), pay five percent (5.0%).
 
3. Over six percent (6.0%), renegotiate wages only, with five percent (5%) being minimum received.

 
[this provision is also reproduced above, adjacent to Association COLA proposal]
Employees who are fluent in Spanish to street level fluency, shall receive an additional 5 percent premium pay.[no comparable provision, except for promotion to Dispatcher II, as reflected above.]
NEW ARTICLE
 
USE OF ALCOHOL AND DRUGS






 
A. Statement of Principle: the County and the Association jointly recognize that the use of drugs and alcohol which adversely affects job performance, may constitute serious threat to the health and safety of the public, to the safety of fellow employees and to efficient operation of the Department.
 
B. Definitions:
 
1. "Drugs and Alcohol": For the purposes of this Agreement drugs and alcohol will be defined as all intoxicants and controlled substances as defined by law, excluding any substance lawfully prescribed for the employee's use.
 
2. "Drug and Alcohol Test": The compulsory production and submission of urine, breath or blood by an employee in accordance with procedures contained herein for chemical analysis to detect prohibited drug and/or alcohol use.
 
3. "Reasonable suspicion": Reasonable suspicion shall be as defined by Oregon law.
 
4. "Under the Influence": An individual is considered to be "under the influence of intoxicants" when the individual's blood alcohol content exceeds .02%. An individual
ARTICLE XIV


 
DISCIPLINE AND DISCHARGE
 
Section 4. Use of Alcohol and Drugs.
 
A. Statement of Principle: the County and the Association jointly recognize that the use of drugs and alcohol which adversely affects job performance, may constitute serious threat to the health and safety of the public, to the safety of fellow employees and to efficient operation of the Sheriff's Office.
 
B. Definitions:
 
1. "Drugs and Alcohol": For the purposes of this Agreement drugs and alcohol will be defined as all intoxicants and controlled substances as defined by law, excluding any substance lawfully prescribed for the employee's use.
 
2. "Drug and Alcohol Test": The compulsory production and submission of urine, breath or blood by an employee in accordance with procedures contained herein for chemical analysis to detect prohibited drug and/or alcohol use.
 
3. "Reasonable suspicion": Reasonable suspicion shall be as defined by Oregon law.
 
4. "Under the Influence": An individual is considered to be "under the influence of intoxicants" when the individual's blood alcohol content exceeds .02%. An individual
C. Prohibited Conduct: Except as authorized by Department policy for job-related reasons the following conduct is strictly prohibited and may subject an employee to immediate discipline:

 
1. The unlawful buying, selling, transportation, possession, providing, or use of intoxicants or any controlled substances.

 
2. Reporting for normally assigned work with a detectible odor of alcohol on the breath any detectible amount of alcohol in the body which results from the consumption of intoxicants, or when an employee has a detectible amount of any controlled substance found in the employee's body which may impair the employee's ability to safely and effectively perform assigned work, (but excluding any substance lawfully prescribed for the employee's use).

 
3. In the event that the City [sic] wishes to call out an employee to perform additional duties and the employee has consumed intoxicants, the employee will notify the employee's supervisor as to the amount of intoxicants the employee has consumed, and the City [sic] will decide whether the employee will be called out to perform additional duties.

 
4. Failure to report use of prescribed medication, controlled substance, and over-the-counter drugs as described in Sections J and K of this Article.
C. Prohibited Conduct: Except as authorized by the Sheriff's Office policy for job-related reasons the following conduct is strictly prohibited and may subject an employee to immediate discipline;

 
1. The unlawful buying, selling, transportation, possession, providing, or use of intoxicants or any controlled substances.

 
2. Reporting for normally assigned work with a detectible odor of alcohol on the breath or any detectible amount of alcohol in the body which results from the consumption of intoxicants, or when an employee has a detectible amount of any controlled substance found in the employee's body which may impair the employee's ability to safely and effectively perform assigned work, (but excluding any substance lawfully prescribed for the employee's use).

 
3. In the event that the County wishes to call out an employee to perform additional duties and the employee has consumed intoxicants, the employee will notify the employee's supervisor as to the amount of intoxicants the employee has consumed, and the County will decide whether the employee will be called out to perform additional duties.

 
4. Failure to report use of prescribed medication, controlled substance, and over-the-counter drugs as described in Sections J and K of this Article.
D. Preconditions to Drug and Alcohol Testing: Before any employee may be tested for drugs or alcohol, the City [sic] shall select a NIDA certified laboratory or laboratories that can demonstrate experience and capability of quality control, documentation, chain of custody, technical expertise, and demonstrated proficiency in urine and blood analysis.D. Preconditions to Drug and Alcohol Testing: Before any employee may be tested for drugs or alcohol, the County shall select a NIDA certified laboratory or laboratories that can demonstrate experience and capability of quality control, documentation, chain of custody, technical expertise, and demonstrated proficiency in urine and blood analysis.
E. Grounds for Testing:

 
1. Random testing of any kind is prohibited.

 
2. Employees may be required to submit to drug or alcohol testing if reasonable suspicion exists that there is a violation of this Article.

 
3. The City [sic] may test for those drugs for which it has reasonable suspicion that an employee may have consumed.
E. Grounds for Testing:

 
1. Random testing of any kind is prohibited.

 
2. Employees may be required to submit to drug or alcohol testing if reasonable suspicion exists that there is a violation of this Article.

 
3. The County may test for those drugs for which it has reasonable suspicion that an employee may have consumed.
F. Testing Mechanisms: The following testing mechanisms shall be used for any test for intoxicants or controlled substances performed on members of the Association:

 
1. Standard urine drug screening.

 
2. Confirmatory tests will be by use of Gas Chromatography/Mass Spectrometry (GC/MS). If at any time there exists a test with a higher rate of reliability than the GC/MS test, such test shall be used in place of the GC/MS test if agreed to by the Association and the City [sic].

 
3. Alcohol testing may include standard field impairment tests, breath test and/or standard laboratory blood alcohol analysis tests.
F. Testing Mechanisms: The following testing mechanisms shall be used for any test for intoxicants or controlled substances performed on members of the Association:

 
1. Standard urine drug screening.

 
2. Confirmatory tests will be by use of Gas Chromatography/Mass Spectrometry (GC/MS). If at any time there exists a test with a higher rate of reliability than the GC/MS test, such test shall be used in place of the GC/MS test if agreed to by the Association and the County.

 
3. Alcohol testing may include standard field impairment tests, breath test and/or standard laboratory blood alcohol analysis tests.
G. Procedures to be Used When the Urine Sample is Given: The following procedure shall be used whenever an employee is requested to give a urine sample:

 
1. Prior to testing, the employee will be required to list all prescribed medications, controlled substances, and/or over the counter medication currently being used. A form for this purpose will be supplied by the City [sic]. Prescribed medications or controlled substances listed must be substantiated by written communication from the attending physician.

 
2. The test shall be administered in such a manner as to protect the authenticity and reliability of the sample and privacy of the individual.

 
3. Immediately after the sample is given, it will be divided into two (2) equal parts. Each of the two (2) portions of the sample will be separately sealed, labeled, and stored in a secure and refrigerated atmosphere. One (1) of the samples will then be sent or delivered to the City's [sic] designated testing laboratory. The other sample will be held for the employee until the employee either instructs that it be sent to their designated lab or destroyed.

 
4. The sample will first be tested using the screening procedure set forth in Section (F)(1) of this Article.

 
5. If the test is positive for the presence of any intoxicants or controlled substances, the employee will be notified of the positive results within 24 hours after the City [sic] learns of the results, and will be provided with copies of all documents pertinent to the test sent to or from the City [sic] by the laboratory. The employee will then have the option at the employee's own expense, of having the untested sample submitted to a laboratory, of the employee's own choosing which meets the standards specified in Section (D) of this
G. Procedures to be Used When the Urine Sample is Given: The following procedure shall be used whenever an employee is requested to give a urine sample:

 
1. Prior to testing, the employee will be required to list all prescribed medications, controlled substances, and/or over the counter medication currently being used. Prescribed medications or controlled substances listed must be substantiated by written communication from the attending physician.

 
2. The test shall be administered in such a manner as to protect the authenticity and reliability of the sample and privacy of the individual.

 
3. Immediately after the sample is given, it will be divided into two (2) equal parts. Each of the two (2) portions of the sample will be separately sealed, labeled, and stored in a secure and refrigerated atmosphere. One (1) of the samples will then be sent or delivered to the County's designated testing laboratory. The other sample will be held for the employee until the employee either instructs that it be sent to their designated lab or destroyed.

 
4. The sample will first be tested using the screening procedures set forth in Section (F)(1) of this Article.

 
5. If the test is positive for the presence of any intoxicants or controlled substances, the employee will be notified of the positive results within 24 hours after the County learns of the results, and will be provided with copies of all documents pertinent to the test sent to or from the County by the laboratory. The employee will then have the option at the employee's own expense, of having the untested sample submitted to a laboratory, of the employee's own choosing which meets the standards specified in Section (D) of this Article.
6. Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and a chain of custody.6. Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and a chain of custody.
H. Procedures Used When the Blood Sample is Given: The following procedure shall be used whenever an employee is requested to give a blood sample:

 
1. The employee will be transported as soon as possible to the City [sic] physician's office during normal business hours or to a local hospital during non-business hours to have the blood drawn. The test shall be given in such a manner as to protect the authenticity and reliability of the sample and the privacy of the individual.

 
2. Immediately after the sample has been drawn, it will be divided into two (2) equal parts. Each of the two (2) portions of the sample will be separately sealed, labeled, and stored in a secure and refrigerated atmosphere. One (1) of the samples will then be sent or delivered to the City's [sic] designated testing laboratory. The other portion will be held for the employee until the employee either instructs that it be sent to their designated lab or destroyed.

 
3. If the test is positive for the presence of alcohol, the employee will be notified of the positive results within 24 hours after the City [sic] learns of the results and will be provided with copies of all documents pertinent to the test sent to or from the City [sic] by the laboratory. The employee will then have the option at the employee's own expense of having the untested sample submitted to a laboratory of the employee's own choosing which meets the standards specified in Section (D) of this Article.

 
4. Each step in the collecting and processing of the blood specimens shall be documented to establish procedural integrity and chain of custody.
H. Procedures Used When the Blood Sample is Given: The following procedure shall be used whenever an employee is requested to give a blood sample:

 
1. The employee will be transported as soon as possible to the County physician's office during normal business hours or to a local hospital during non-business hours to have the blood drawn. The test shall be given in such a manner as to protect the authenticity and reliability of the sample and the privacy of the individual.

 
2. Immediately after the sample has been drawn, it will be divided into two (2) equal parts. Each of the two (2) portions of the sample will be separately sealed, labeled, and stored in a secure and refrigerated atmosphere. One (1) of the samples will then be sent or delivered to the County's designated testing laboratory. The other sample will be held for the employee until the employee either instructs that it be sent to their designated lab or destroyed.

 
3. If the test is positive for the presence of alcohol, the employee will be notified of the positive results within 24 hours after the County learns of the results and will be provided with copies of all documents pertinent to the test sent to or from the County by the laboratory. The employee will then have the option at the employee's own expense of having the untested sample submitted to a laboratory of the employee's own choosing which meets the standards specified in Section (D) of this Article.

 
4. Each step in the collecting and processing of the blood specimens shall be documented to establish procedural integrity and chain of custody.
I. Consequences of Positive Test Results:

 
1. An employee who has tested positive for the presence of intoxicants or controlled substances pursuant to this Article may be referred to the Employee Assistance Program or drug and alcohol counseling. An employee's participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.

 
2. An employee who tests positive may be subject to unannounced testing for a one (1) year period following the positive test. If the employee violates the terms of agreed to treatment or again tests positive during such a period, the employee shall be subject to subsequent discipline.
I. Consequences of Positive Test Results:

 
1. An employee who has tested positive for the presence of intoxicants or controlled substances pursuant to this Article may be referred to the Employee Assistance Program or drug and alcohol counseling. An employee's participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.

 
2. An employee who tests positive may be subject to unannounced testing for a one (1) year period following the positive test. If the employee violates the terms of agreed to treatment or again tests positive during such a period, the employee shall be subject to subsequent discipline.
J. Prescribed Medications: An employee utilizing any prescribed medications or controlled substances that may affect the employee's ability to safely perform assigned duties must immediately report this treatment to the employee's supervisor. The use of medications or controlled substances as part of a prescribed medical treatment program is not grounds for disciplinary action. Failure to report the use of a prescribed medication which the employee has been informed may affect the employee's abilities to safely perform assigned duties, or a controlled substance may subject an employee to disciplinary action. In the event there is a question regarding an employee's ability to safely perform assigned duties, the employee's supervisor may temporarily suspend the employee with pay and clearance from the employee's physician will be required. Such suspension shall not be construed as disciplinary in nature.J. Prescribed Medications: An employee utilizing any prescribed medications or controlled substances that may affect the employee's ability to safely perform assigned duties must immediately report this treatment to the employee's supervisor. The use of medications or controlled substances as part of a prescribed medical treatment program is not grounds for disciplinary action. Failure to report the use of, a prescribed medication which the employee has been informed may affect the employee's abilities to safely perform assigned duties, or a controlled substance may subject an employee to disciplinary action. In the event there is a question regarding an employee's ability to safely perform assigned duties, clearance from the employee's physician will be required.
K. Use of Over-the-Counter Medications: The use of over-the-counter medications are [sic] in no way prohibited. An employee who ingests an over-the-counter medication in doses that may affect the employee's ability to safely perform assigned duties must report the use of the over-the-counter medication to the employee's supervisor. The decision, once informed by the employee as to whether or not the employee works the employee's assigned duties shall be the responsibility of the employee's supervisor. There will be no discipline to an employee who reports to the employee's supervisor the use of an over-the-counter medication which the employee feels may affect the employee's assigned duties. Failure to report the use of an over-the-counter medication which the employee feels may affect the employee's ability to safely perform the employee's duties, may subject the employee to disciplinary action. Ingestion of over-the-counter medication which repeatedly renders an employee unfit for duty may subject the employee to disciplinary action.K. Use of Over-the-Counter Medications: The use of over-the-counter medications are [sic] in no way prohibited. An employee who ingests an over-the-counter medication in doses that may affect the employee's ability to safely perform assigned duties must report the use of the over-the-counter medication to the employee's supervisor. The decision, once informed by the employee as to whether or not the employee works the employee's assigned duties shall be the responsibility of the employee's supervisor. There will be no discipline to an employee who reports to the employee's supervisor the use of an over-the-counter medication which may affect the employee's assigned duties. Failure to report the use of an over-the-counter medication which may affect the employee's ability to safely perform the employee's duties, may subject the employee to disciplinary action.
L. Searches: For administration of this Article, the City [sic] may upon reasonable suspicion conduct searches on City [sic] property of employees, and/or assigned City [sic] property and/or their personal property, excluding personal vehicles parked on City [sic] property. An employee has the right to request an Association representative be present during the search as long as the search is not unreasonably delayed by accommodating this provision. A refusal to submit to a search may result in disciplinary action. This provision is not intended to restrict the City's [sic] right to conduct administrative searches of assigned City [sic] property for other purposes or searches related to any criminal investigation.L. Searches: For administration of this Article, the County may upon reasonable suspicion conduct searches on County property of employees, and/or assigned County property and/or their personal property, excluding personal vehicles parked on County property. An employee has the right to request an Association representative be present during the search as long as the search is not unreasonably delayed by accommodating this provision. A refusal to submit to a search may result in disciplinary action. This provision is not intended to restrict the County's right to conduct administrative searches of assigned County property for other purposes or searches related to any criminal investigation.
M. Interference With Policy: Any activity which purposely interferes with this Substance Abuse Policy will be grounds for disciplinary action which may include discharge. Examples include but are not limited to the following: tainting, tampering, or substitution of blood or urine samples, falsifying information regarding the use of prescribed medications or controlled substances, failure to cooperate with any tests outlined in this policy to determine the presence of intoxicants or controlled substances, and failure to cooperate with any searches.M. Interference With Policy: Any activity which purposely interferes with this Substance Abuse Policy will be grounds for disciplinary action which may include discharge. Examples include but are not limited to the following: tainting, tampering, or substitution of blood or urine samples, falsifying information regarding the use of prescribed medications or controlled substances, failure to cooperate with any tests outlined in this policy to determine the presence of intoxicants or controlled substances, and failure to cooperate with any searches.
N. Employee Rights:

 
1. The employee shall have the right to an Association representative up to and including the time the sample is given. However, this provision shall not cause an unreasonable delay in testing. Nothing herein shall restrict the employee's right to representation under general law.



 
2. If at any point the results of the laboratory testing procedures specified in this Article are negative, all further testing shall be discontinued. The employee will be provided with a copy of the results and all documentation on the testing will be sealed and maintained in a secure place. All test results will be kept confidential by the City [sic].

 
3. Any employee who tests positive shall be given access to all written documentation available from the testing laboratory which verifies the accuracy of the testing equipment used in the testing process, the chain of custody of the specimen, and the accuracy rate of the laboratory.
N. Employee Rights:

 
1. The employee, upon request, shall have the right to an Association representative up to and including the time the sample is given. However, this provision shall not cause an unreasonable delay in testing. Nothing herein shall restrict the employee's right to representation under general law.

 
2. If at any point the results of the laboratory testing procedures specified in this Article are negative, all further testing shall be discontinued. The employee will be provided with a copy of the results and all documentation on the testing will be sealed and maintained in a secure place. All test results will be kept confidential by the County.

 
3. Any employee who tests positive shall be given access to all written documentation available from the testing laboratory which verifies the accuracy of the testing equipment used in the testing process, the chain of custody of the specimen, and the accuracy rate of the laboratory.
4. If the results of the test are negative, the employee shall have the right to grieve in accordance with Article 13.[no comparable proposal
[no comparable proposal]O. Modifications Committee:

 
1. The Association and the County agree to form a committee comprised of the Sheriff or his designated representative and at least three (3) Association members to explore and recommend any additional changes or corrections to this Section.
1. These facts have been mentioned in prior hearings with counsel for both parties over the years.
 
2. This figure is the estimated increase in total vacation pay to be received by all unit employees; the County offered no evidence of the extent to which it historically has backfilled for vacations.
 
3. This figure is calculated on the assumption that the County would pay one hour of overtime per shift, three shifts per day, every day of the year, for missed breaks for Dispatchers and CT's.
 
4. This figure is based on alleged increased administrative work load for the Sheriff.
 
5. Elsewhere in its calculations, the County estimates the average daily payroll cost per employee at $138.79; this figure would equate the County's total estimate to over 31 days of Association business time. However, Sheriff Jack Jones testified there have been few grievances, none of which went past the step of discussion between himself and the affected employee. On this record, it seems unlikely the County would often incur costs backfilling for such discussions.
 
6 . This figure is based on unspecified "costs and management issues"in having employees use the County's computers and e-mail system for Association-related communications.
 
7 . The County did not use daily overtime data to calculate this figure; it is simply 50% of last year's overtime costs. On brief, the County asserts it recalculated the cost by applying the Association LBO to the overtime worked by two unnamed employees over the prior six months, and came up with a larger figure. The Association moved to strike that portion of the County's brief. The data and calculations are not in the record. The County Administrator testified overtime in this period was affected by vacancies. The revised figure will not be considered.
 
8. In the Prisoners Dilemma Game, the two players cannot communicate with one another. In each round, each player must choose whether to cooperate or defect. If both cooperate, each wins 5 points. If both defect, each loses 5 points. If one player cooperates and the other defects, the player who cooperates loses 10 points, while the player who defects wins 10 points. The optimal strategy to maximize players' mutual gains is to make modest gains by mutually cooperating in each round. However, from a single player's standpoint, points can be maximized in a single round by defecting, hoping the other player will cooperate in that round and thereby sacrifice points. Once one party begins defecting, the other can minimize or try to recoup losses only by opting to defect in subsequent rounds. Thereafter, neither can afford to abandon the strategy of defection, and both slowly lose points through the end of the game.
 
9. On brief, the County referenced recent local economic events and economic data from an unspecified report of the Oregon Progress Board. The Association objects to consideration of these matters because they are not part of the record. The Arbitrator is unavoidably aware of some of the matters - the widely-reported delay in building a proposed state prison in the County and the well-publicized melt-down of PERS. The remaining matters have no factual basis in the record, nor did the County lay the foundation for taking arbitral notice. They will not be considered.
 
10. There is some incentive to understate the Beginning Fund Balance. By law, a supplemental budget cannot authorize spending an unappropriated ending fund balance, except if necessitated by a civil disturbance or natural disaster.
 
11 . Turnover in the CT classification is even higher than this figure would suggest. The classification was created in November 2001, and initially hired at the same rate of pay as Dispatchers. The County later established a lower salary structure for this classification, but red-circled the existing CT's. Of the first 5 CT's hired (at the higher salary) in late 2001, 1 remains in that position, 1 has become a COF, and the remaining 3 are no longer with the County. Thus, of the 4 CT's now on the payroll, only one pre-dates the reduction in salary.
 
12. One of the post-hearing matters raised was the question of a post-hearing hire. The Association objected to consideration of this hire, and has since supplemented that objection with information that the person in question resigned soon thereafter. That brief hire will be disregarded as an indicator of the County's ability to recruit new personnel.
 
13. Since the Association LBO did not include the specific proposed wage figures resulting from its proposed 2% retroactive increase, the Arbitrator has calculated 102% of the figures shown as Exhibit F to the Laborers Agreement, and shown the results in the table that follows. While she has not calculated the specific figures for the second and third years of the Association LBO, the Arbitrator notes that the wage increases proposed by the Association would amount to quite an impressive overall percentage increase, particularly for Dispatchers and CT's, by the third year.
 
14. The testimony in support of the CT portion of the County's proposed pay scale was puzzling. The County Administrator initially testified the County's aim in setting the proposed salary for this classification was to "move to more qualified individuals and away from less qualified individuals." [Tr. 207:1-9]. He later testified the proposed diminished top step for this position was "an arbitrary cap picked as the maximum we want to pay for that position." [Tr. 207:18-25 and 208:1-4]
 
15. This discussion omits a detailed analysis of later increases. After the initial changes proposed by the County, its only proposal for later wage increases is a COLA at lower levels than the Association LBO. Thus, each step of the County LBO would lose ground vis-a-vis both the Laborers Agreement and the Association LBO over time.
 
16. The actual wage increase the County LBO would generate for this COF may be lower than the County's calculations. The monthly salary shown for him in the County's salary report, $3,008, does not match any of the steps on the County's proposed salary structure; the "right step" at which the County's salary report would place him would be paid $2,993 under that salary structure. The County prepared a spreadsheet contrasting the costs of its proposals and those of the Association. The salary at which that spreadsheet would place him mid-year in the first year, $3,053, corresponds to the next highest step; the County calculates a total of 2.4% in raises in the first year. No explanation appears on the record for the discrepancy in salary figures.
 
17. If the Non-Certified COF shown on the County's salary report had remained with the County, her first-year increase would have totaled 7.9%. The County's spreadsheet comparing the costs of its proposal with that of the Association and the status quo indicates all four of the new hires in this classification had Basic Certification, which would put them in line for a total of 4.5% increases in the first year.