BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
NON-SWORN PERSONNEL OF THE
SHERIFF'S DEPARTMENT, WISCONSIN
POLICE ASSOCIATION/LAW ENFORCEMENT
(Grievance of Ann M. Fischer and Warren Wruck)
Mr. David White, Staff Representative, Wisconsin Council 40,
AFSCME, AFL-CIO, on behalf of the Union.
Mr. David A. McLean, Personnel Director, on behalf of the
The above-captioned parties, herein "Union" and "County", are signatories to a
bargaining agreement providing for final and binding arbitration. Pursuant thereto, hearing
in Portage, Wisconsin, on June 8, 1999. The hearing was not transcribed and the Union
presented oral argument in lieu of filing a brief. The County filed a brief that was received
24, 1999. Based upon the entire record and the arguments of the parties, I issue the
Since the parties were unable to jointly agree on the issue, I have framed it as
Did the County violate the contract when it failed to pay a 25 cent
an hour differential to
grievants Ann M. Fischer and Warren Wruck and, if so, what is the appropriate remedy?
Grievants Fischer and Wruck are certified as Jailers and Dispatchers. In 1997, they
a floating shift which enabled the Sheriff to schedule them on open shifts whenever they
Hence, they had no fixed schedule. Throughout that time, they received a 25 cent
differential for all
hours worked pursuant to Appendix A of the contract which provides: "Anyone designated
Jailer/Dispatcher will receive an additional 25 cents per hour effective January 1, 1997."
provision was first made part of the contract in 1997.
Grievants Fischer and Wruck in January, 1998, chose not to bid for their prior swing
and to, instead, bid for fixed shifts which they subsequently received. Once they started
those fixed shifts, the County stopped paying them the 25 cent an hour differential they
received even though both Fischer and Wruck are sometimes required to use their dual
as a Jailer and Dispatcher to fill in for other employes on their fixed shifts.
The Union asserts that they are still entitled to the 25 cent an hour differential
Appendix A states that "Anyone designated as relief Jailer/Dispatcher. . . is entitled to such
whenever they fill in for others", which is what Fischer and Wruck have continued to do on
The problem with this claim, as correctly pointed out by the County, is that the
parties in prior
contract negotiations never agreed to the Union's interpretation and that the "Grievants are
attempting to obtain through the grievance process additional compensation they were not
obtain at the bargaining table".
Dispatcher Randall Fischer, who is the Union president, thus acknowledged that he
recall whether the Union in contract negotiations ever told the County that the 25 cents an
would be paid to employes with a dual certification on fixed shifts.
Sheriff Steven Rowe testified without contradiction that "the 25 cents was for having
life disrupted", i.e., for being assigned to any open shifts irrespective of when they occurred.
added that the word "relief" in Appendix A refers to "someone who is not assigned to a
and who can be moved around "at the whim of the Sheriff."
Chief Deputy Michael E. Babcock testified that the Sheriff in negotiations never
agreed to pay
the 25 cents an hour for merely having a dual qualification and that: "I don't remember it
brought to the bargaining table."
County Supervisor Debra Wopat, who also sat in on those contract negotiations,
Rowe and Babcock's testimony by testifying that the 25 cents an hour only came up for
who did not have a fixed shift. She added that the Union sought the 25 cents for employes
moved around", which is why the word "relief" in Appendix A only refers to employes who
have any fixed shifts.
Given all this testimony, I find that: (1), the Union in those negotiations never
25 cents an hour differential for employes on fixed shifts and (2), the County then never
Accordingly, and because it is clear that the 25 cents an hour differential is only to
those employes who hold a dual classification and who are on a rotating shift, it
That the County did not violate the contract when it failed to pay a 25 cent an hour
to grievants Ann M. Fischer and Warren Wruck. Their grievance is therefore denied.
Dated at Madison, Wisconsin this 13th day of July, 1999.
Amedeo Greco, Arbitrator