In the Matter of the Arbitration
of a Dispute Between
CITY OF KENOSHA
LOCAL 414, KENOSHA FIRE FIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
Lawton & Cates, S.C., by Mr. Richard V. Graylow, 214 West Mifflin Street, Madison, Wisconsin 53703-2594, or the Union.
Davis & Kuelthau S.C., by Mr. Roger E. Walsh, 111 Fast Kilbourn, Suite 1400, Milwaukee, Wisconsin 53202-3101, for the City.
On December 21, 1990, I issued an Award concluding that the City of Kenosha had violated its collective bargaining agreement with Local 414 by utilizing Engine and Ladder companies as part of a First Responder/Rapid Zap Program prior to 4:30 p.m. on December 31, 1990.
I retained jurisdiction for the purpose of determining what remedy, if any, was appropriate.
Hearing as to remedy was conducted May 14, 1991, in Kenosha, Wisconsin. No transcript of the hearing was made. The parties thereafter filed written argument, the last of which was received July 2, 1991.
The City has been unilaterally compensating affected employes an additional $15 per month for First Responder/Rapid Zap responsibilities. The question before me is one of determining whether any additional compensation above the $15 is appropriate to remedy the contractual violation.
I am satisfied that the level of compensation for the responsibilities in question is best established through the collective bargaining process. The parties are presently engaged in that process for the purpose of determining appropriate compensation levels for First Responder/Rapid Zap responsibilities. Given the foregoing, to remedy the contractual violation for the period of May 1990 through December, 31, 1990, the City shall compensate affected employes at whatever wage rate the collective bargaining process produces.
Dated at Madison, Wisconsin, this 28th day of August, 1991.
Peter G. Davis /s/
Peter G. Davis, Arbitrator