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Title: Marion County and Marion County Law Enforcement Association
Date: September 16, 1999
Arbitrator: David M. Gaba
Citation: 1999 NAC 107

In the Matter of a Controversy Between Marion County and Marion County Law Enforcement Association. Re: Collective Bargaining Agreement. IA-08-99.

Pursuant to the stipulations of the parties; it is hereby ordered that the Collective Bargaining Agreement between Marion County (hereinafter County) and Marion County Law Enforcement Association (hereinafter MCLEA) is amended as follows:

NOTE: Bracketed text ([])=strikeout; text between asterisks (*)=new language


Section 1. The County agrees to continue its participation in PERS.

Effective the pay period commencing December 1, 1994, the County agrees to increase each step of the current 1994-95 salary schedule by six (6) percent.

From that time forward, MCLEA agrees the employee shall contribute six (6) percent of salary to PERS. The County shall withhold from salary the employee's PERS contribution, with other required withholdings and shall pay the amount withheld for PERS to PERS in lieu of payment to PERS by employee. The employee shall receive no option to receive the amount withheld and contribute directly instead of having it paid by the County to PERS. For the limited purposes of Internal Revenue Code Section 414(h)(2) and related tax statutes, the employee's contribution to PERS will be picked up by the County as a pre-tax contribution as the term "pick up" is used in the Internal Revenue Code.

It is the intention of the parties that these provisions should, in substance if not in absolute form, result in no substantial additional cost to the County and no substantial effect on the net pay of employees. If this agreement is determined to be unlawful, ineffective or unenforceable by a final order of a court or agency or competent jurisdiction and if such order requires any payment by the County, or payment to County by one or more members of the Board of Commissioners or any officer or employee of County as a result of such determination, MCLEA, its individual members and any successor organization shall hold harmless and indemnify those responsible for such payment or reimbursement, including any interest. Should this hold harmless obligation need to be implemented, the means and methods of doing so shall be as agreed by the parties, but shall require fulfillment of the obligation within one year from the expiration of any appeal period applicable to determination necessitating the implementation.

[Section 2. Effective July 1, 1997 the parties agree to a wage adjustment as follows: minimum(1) 2%(TCP) and a maximum of 5%(TCP), the cost of living adjustment (COLA) will not exceed the Portland CPI(W), the combined annualized cost shall not be less than 2%(TCP) not exceed 5%(TCP), in the even the total annualized cost is less than the 5% maximum TCP, the unallocated monies will not become compensation in any form, in the event the total annualized costs exceeds the 5% maximum TCP. The combined annualized cost includes COLA and roll up costs including merit (step) increases, insurance premiums and other related payroll costs.] *Effective July 1, 1999, employee shall receive an(2) 2% cost of living increase. Effective January 1, 2000, employees shall receive a 2% cost of living increase.*

Section 3. Effective July 1, [1998] 2000, the parties agree to a reopener on wages and insurance. The parties also agree to exchanging proposals no later than February 1, [1998] 2000; to use interim bargaining time frames, i.e. 90 days from February 1, [1998] 2000; there will be no mediation; and to use final offer interest arbitration if no agreement is reached in that period of time. Further:

1. Association's agreement to TPC in year one is not acquiescence to the concept in the future and will not be used against them.

2. If County comes into reopener with the TPC concept, it will not be used as a mechanism for negative numbers.

*3. The County's agreement not to use TPC in one year is not abandonment of the concept for the future and will not be used against the County.*

Section 4. Corrections Trainees upon completion of one (1) year of service, including probation and upon certification, will automatically be classified as a Corrections Officer and placed on the second step of the Correction Officer salary range.

Section 5. Effective July, 1990, the following longevity provision shall be implemented:

(a) A Deputy or Corrections Officer, commencing with his/her tenth (10th) year of service, who has an Advanced BPST Certificate and an Associate of Arts Degree (2-year degree or the equivalent,) shall receive a longevity pay step increase of two percent (2%) per month.

(b) A Deputy or Corrections Officer, commencing with his/her fifteenth (15th) year of service, who has an Advanced BPST Certificate and a Bachelor of Arts Degree (4-year degree or the equivalent,) shall receive a longevity pay step four percent (4%) per month (includes the 2% longevity step for a 10-year employee.)


Section 1. The normal payday for the issuance of the regular monthly paycheck shall be the first working day of the month following each monthly pay period. *The last monthly paycheck will be for the month of December 1999, and will be paid to employees early January 2000. Thereafter, the County may pay Association members on a bi-weekly basis using the same schedule as applicable for all other County employees.* This Section shall not apply where circumstances exist beyond the control of the Employer which cause a delay is the issuing of such checks.

*Section 2. As long as paychecks are issued on a monthly basis,* employees may request a payroll draw prior to the twenty-fourth (24th) day of the monthly pay period. Except for holidays, checks will be issued by 3:00 p.m. on each Friday if the request is received by Fiscal Services by 5:00 p.m. on the preceding Wednesday. Such draw will not exceed accrued earnings less voluntary and involuntary payroll deductions.

The above constituted the final offer of the MCLEA and is the to be incorporated as the final contract language for all unresolved issues. All other portions of the Collective Bargaining Agreement are to remain unchanged from the prior contract except for those portions amended by mutual agreement.

Dave Gaba, Arbitrator

September 16, 1999

Seattle, WA

Attorney for County: Donna M. Cameron, Esq.

Attorney for MCLEA: John Hoag, Esq.

1. Spelling of original

2. Grammar of original


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