Judge: NY Union Can Go to Arbitration for 'Minimum Manning' Clause
By Craig Fox
Source Watertown Daily Times, N.Y.
WATERTOWN — After three years of legal battles, the city’s firefighters’ union has won the right to go to arbitration over the “minimum manning” clause in its labor contract with the city, which requires 15 firefighters must be on duty at all times.
An administrative law judge with the state’s Public Employees Relation Board ruled last week that the minimum manning issue can be presented during arbitration, said Daniel Daugherty, president of the Watertown Professional Fire Fighters Association Local 191.
“It’s a big win,” Mr. Daugherty said. “It decided with the union, not the city. We’re very happy with the decision.”
The 68-member union has been without a contract since July 2014. The main sticking point remains the “minimum manning” stipulation.
The union is appealing a decision in January by Judge James P. McClusky to block an arbitration case involving the “minimum manning” clause. Mr. Daugherty believes it will be in the fall before that issue is settled.
On May 16, PERB ruled on aspects of language in the contract and what can be presented during upcoming arbitration hearings regarding the nearly four-year contract dispute with the city.
Administrative Judge Nancy L. Burritt ruled that an issue can come up during arbitration over hazard pay for when fewer than 15 firefighters are called to a fire.
The administrative judge also dismissed “in its entirety” the city’s improper practice involving requiring firefighters to remain in their homes when they call in sick.
On Wednesday night, Councilman Cody J. Horbacz brought up the PERB ruling, asking for an explanation of what it meant.
Councilwoman Lisa A. Ruggiero said she hoped to avoid spending more legal expenses of having the city’s labor attorney, Terry O’Neil, provide his take on the ruling.
But Mayor Joseph M. Butler Jr. cautioned that what happens with the appeal regarding minimum manning is what’s important, not the PERB ruling.
As of January, the city has spent $634,000 in legal bills associated with the dispute with the union.
Once all the arbitration cases and a series of grievances and improper-labor disputes are resolved, the two sides still must settle on the overall contract.
And then they go right back to the bargaining table to negotiate another new contract.
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