BEFORE THE ARBITRATOR
In the Matter of the Arbitration of a Dispute Between
MARSHFIELD CITY EMPLOYEES
LOCAL LOCAL 929, AFL-CIO
CITY OF MARSHFIELD
(Jeffrey J. Becker Grievance)
Mr. Jeffrey J. Wickland, Staff Representative, Wisconsin
Council 40, AFSCME, AFL-CIO, on behalf of the Union.
Ruder, Ware & Michler, S.C., by Mr. Dean R. Dietrich, on
behalf of the City.
The above-captioned parties, herein "Union" and "City", are signatories to a
bargaining agreement providing for final and binding arbitration. Pursuant thereto, hearing
in Marshfield, Wisconsin, on July 20, 1999. The hearing was not transcribed and the parties
waived the filing of post-hearing briefs.
Based upon the entire record and the arguments of the parties, I issue the following
What disposition should be made of grievant Jeffrey J.
grievance which claimed that
the City violated Article 3 of the contract when it
failed to award him the posted Equipment
Operator III Zookeeper position at the City's
Wildwood Zoo and when it, instead, awarded that position to an outside applicant.
The following constitutes the terms of my arbitration award:
The City and the Union both acknowledge
that the Union has the right to negotiate over the
pay rate for the Zookeeper position.
The City will not pursue the removal of
the Zookeeper position from the bargaining unit as
a professional employee and for a period of at least two (2) years will not pursue the
exclusion of this
position from the bargaining unit on any other basis.
The grievant, Jeff Becker, shall have the
right to request reimbursement for educational
expenses and such request for educational reimbursement shall be governed by the following
1. An employee
with at least one (1) year of service shall receive reimbursement for the
cost of books and tuition for continuing education courses. The employee may take only
courses and decisions on job relatedness shall not be subject to the Grievance Procedure. All
must be taken on the employee's own personal time unless otherwise agreed to by
courses for study shall require advance approval from the City to be eligible for
City may deny the course due to budgetary restraints.
2. An employee shall be reimbursed for tuition and books upon proof of
completion of the course. Successful completion is defined as a "C" grade or better.
3. If an employee terminates employment within twenty-four (24) months of
education benefits, he/she shall repay the City a prorated amount that the City paid toward
books on their behalf.
In the event of the absence of the Zookeeper (such as for
vacation, sick leave, holidays,
weekend rotation), the City agrees to assign the substitute work for the Zookeeper position to
most senior employee of the Parks and Recreation Department before assigning that work to
employees of the Department. The employee assigned to perform the Zookeeper work in the
of the Zookeeper shall receive the Zookeeper pay rate when performing such work.
In the event the City determines a need to
assign a full-time Park and Recreation Department
employee to assist the Zookeeper, the City will assign the work to the most senior
employee provided the assignment is known in advance and can be planned for by the
and the assignment does not unreasonably interfere with the operations of the Park and
Department. If the need for assistance arises after the start of the employee work shift, the
agrees to consider the assignment of the most senior Department employee to assist the
provided the assignment does not unreasonably interfere with the operations of the Park and
Recreation Department. If a Department employee is assigned to assist the Zookeeper in the
performance of duties, the employee will receive his/her regular rate of pay when performing
The weekend zookeeper duties shall be
assigned to and rotated equally among the full-time
Park and Recreation Department employees.
In the event the City changes the wording
of a job description for any position in the
bargaining unit, the City agrees to provide a copy of the revised job description to the Union
President and agrees to negotiate with the Union over the changes in job description to the
required by law.
This arbitration award shall be
nonprecedential and, except to the extent that the award itself
may have been violated, neither the City nor the Union may cite or use this award in any
proceeding or dispute between the parties.
Dated at Madison, Wisconsin this 3rd day of August, 1999.
Amedeo Greco, Arbitrator