Based on the evidence on the record in this matter, including the sworn testimony of witnesses at the hearing, and pursuant to ARM 24.26.697, I make the following findings of fact. The union s bargaining unit comprises all employees of the Fergus County Sheriff s Department, including deputies, detention officers, cooks, janitors, communications officers, civil officers and clerical workers. The 80 percent amount stated in the 1995 agreement was less then the minimum amount set forth in the state law. It was subsequently changed to 85 percent when the mistake was discovered. The amount is not at issue here.
Deputies receive a one-percent longevity increase by statute.
Non-deputies, i.e., all other bargaining unit employees, have traditionally received wage adjustments based on the Sheriff s wage adjustment. Historically, all base wages of employees in the Sheriff s office have been tied to the percentage increase received by the Sheriff on his base wage, as determined by the commissioners. During the 1995 contract negotiations, the parties bargained deputies pay based on the formula in the extant agreement. In July of 1996, the employer made a proposal that, on a percentage formula, was less than what had been in the expired agreement. Bargaining unit employees became upset and refused to yield to the change.