The city of Lynnwood and the union representing some 85 clerical and technical workers — nearly a third of the city’s work force — have asked the state to provide mediation to resolve a contract dispute.
In a Jan. 26 request, Bill Keenan, the union’s chief negotiator, and Tony Menke, the city’s labor attorney, asked the Washington State Public Employment Relations Commission to provide mediation after the two sides failed to reach an agreement on terms of a new contract.
Pay and benefits are the main sticking points. The union wants to base any pay increases on 100 percent of the Puget Sound area’s consumer price index, while the city has offered to base increases on 90 percent of the CPI, according to a document filed with the commission.
Additionally, the two sides have disagreed on a laundry list of benefit-related issues, including on-call compensation, longevity pay, promotions and how positions are classified.
Both sides hoped to agree on terms that would extend a new contract through 2009, perhaps into 2010 and 2011 as well, Menke said.
“As sometimes happens, we resolved a very substantial number of issues, primarily on language changes and now we have a number of issues remaining that relate primarily to economic proposals…” he said.
In mediation, an independent representative shuttles back and forth between the two negotiating teams, offering proposals and counter proposals in an effort to break an impasse.
“It’s a process that works,” said commission spokesman Kenneth Latsch. “We settle 97 percent of cases.”
The latest collective bargaining between the city and Local 3035 of the American Federation of State County and Municipal Employees (AFSCME) is over a 3-year contract that has been extended for a year twice but not resolved.
The parties participated in something called Interest Based Bargaining, a method that seeks a win-win outcome. In traditional collective bargaining, one side usually gives an ultimatum to the other side and a compromise is reached that isn’t necessarily in the best interests of both sides. Interest-based bargaining, sometimes called “integrative bargaining,” is a way to ensure that both sides’ positions are being heard.
In 2007, the union filed an unfair labor practices complaint against the city. The parties reached an agreement on the complaint under the condition that the two sides would make another effort at Interest Based Bargaining with help from the commission.
Both sides participated in a training session at union offices in Everett last May, said union local president Frank Navage, and “we were pretty hopeful.”
Negotiations resumed last June.
“Things started off pretty well,” Navage said. “We made more progress in June and July than we did in any other time in our history.”
Then negotiations went sour, he said.
“As negotiations proceeded, it became apparent to the AFSCME team we weren’t really bargaining with the city’s bargaining team,” Navage said, “we were bargaining with the city’s outside attorney, Tony Menke.”
In November, Navage said, the city basically gave the union a “take it or leave it” ultimatum.
“We rejected it because there was stuff in that package that was missing and would negatively affect our members,” he said. “We presented a counter-proposal the next day.”
At a December meeting, the city “didn’t really respond to our proposals,” Navage said.
“At that point, we came to the realization that nothing was really going to get done, so we requested Interest-Based Bargaining through PERC,” he added.
Under state law, public employees aren’t allowed to strike. The existing contract expires Dec. 31.
“Although we have differences of opinion about the economics because we’re so far apart, I do feel that the union and Mr. Keenan have been very fair and open about achieving solutions to the language issues,” Menke said. “It’s been very productive to have PERC facilitate the (bargaining) process.”
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