Spokane County used wrong procedure, arbitrator rules

An arbitrator has ruled Spokane County adopted the wrong procedure when it transferred employees between road crew districts.

James A. Lundberg said that the procedure should have been consistent with the collective bargaining history between the parties and an interpretation of the contract when read in its entirety.

He directed the county to return three employees who had been transferred between crew districts in October 1998 to their original districts and to follow the established procedure in moving them.

The problem arose when Ray Moss was moved from one road crew district to another. A 15-year employee with the county, Moss is considered to be highly skilled in the operation of a six-wheel drive road grader.

He was moved because a greater demand for snow plowing was experienced in another district and his talents were required there.

But after he was moved his relative seniority in the new district was lower than it had been in the previous district.

Other members of the crew also lost seniority as a result of similar moves. In addition, it eliminated promotion opportunities that would have been made available by posting an open position instead of ordering a transfer.

At the time Moss was transferred he was in the process of buying a home in the district. He was forced to cancel his purchase as a result of the transfer.

Council 2 argued the transfer of Moss and two other employees undermined the seniority system in the collective bargaining agreement. Almost 100 of the approximate 130 members of the unit signed the grievance, the arbitrator was told.

The union suggested that the county could have eliminated a position in one district and opened a position in the other. The normal bidding procedure would then have been followed and the seniority system would have been retained.

The county argued that Council 2 had failed to demonstrate that Moss’s transfer had violated the collective bargaining agreement.

Lundberg found in favor of Council 2 and upheld the grievance.

He ruled that the county should create vacant positions in the road crew districts where it sees a need for more staff. It should then fill those positions following the contractually agreed-upon bidding procedure. The county should then eliminate positions in districts where it determines a need for fewer employees.

Audrey Eide represented Council 2 in the hearing.