WATERTOWN, NY -- The city’s firefighters union has won a significant court decision that will allow an arbitrator to determine if a “minimum manning” clause can continue in the firefighters’ labor contract.
On Friday, the state Appellate Division, Fourth Department, in Rochester, unanimously reversed a ruling by state Supreme Court Judge James P. McClusky, who determined in January 2018 that the city can block arbitration in the contract dispute.
After hearing about the city losing, Councilwoman Lisa A. Ruggiero said she opposes appealing the decision to the state’s highest court, the Court of Appeals.
The councilwoman also said she expected this outcome.
“At this point, accept it and move on,” she said. “I just don’t see where the city can go with this from here.”
Councilman Ryan Henry-Wilkinson agreed, saying it was time for the city to rebuild its relationship with the firefighters’ union and stop the legal proceedings.
“The union wants it to stop,” he said. “We want it to stop and our constituents want an end to the whole thing.”
They had not had a chance to talk to Mayor Joseph M. Butler Jr. or to their colleagues about the news, so they didn’t know what the others think about it. Other council members could not be reached for comment.
The minimum manning clause has been the main sticking point during the city’s more than four-year contract stalemate with the firefighters’ union.
Last January, Judge McClusky ruled in the city’s favor to block arbitration over the “minimum manning” clause, which requires that 15 firefighters must be on duty at all times.
In October, the Appellate Division heard oral arguments from attorneys representing both sides about the matter.
The city argued that the minimum manning issue resulted in “no layoff clauses” and job security. The firefighters’ union contended it was a safety issue for 15 firefighters to be on duty at all times.
But the five-judge appellate panel concluded that the lower court “erred in determining that the staffing provisions are job security provisions that are not subject to arbitration.”
The judges seemed to get to heart of the union’s position.
“Contrary to the city’s contention, the staffing provisions do not operate to mandate a total number of firefighters that must be employed; rather, they relate solely to the minimum number of firefighters required to be present during shifts and regular operations,” the panels of judges wrote.
Daniel Daugherty, president of the Watertown Professional Fire Fighters Association Local 191, said it’s a decision that the union has been fighting for during the past 18 months.
“This is a massive win,” he said. “We’ve been saying from day one that it’s a safety clause.”
If the union wins in arbitration, the city would be made to pay an estimated $100,000 to $200,000 in back pay, Mr. Daugherty said.
He expects that the city will appeal Friday’s court decision, a lengthy process that will cost a lot more money in attorney fees for both sides. It would be a tough haul, he said, since it was a unanimous decision by the appellate court.
After hearing the decision, City Manager Rick Finn said he had no comment because he hasn’t had a chance to talk to attorney Terry O’Neil, who represents the city in the matter.
Mr. Finn, however, said he plans for the City Council to discuss the court’s decision in executive session on Monday.
A few months ago, Mr. O’Neil said the city would appeal if the city lost the decision. Mr. Finn would not say what will happen with an appeal.
“That would be a decision of the City Council,” Mr. Finn said.
In 2015, the city demoted eight fire department captains, leaving firefighters to cover those duties. The move caused the dispute to become more contentious.
In October, however, an arbitrator concluded that the city had the right to abolish eight fire captains back in July 2016.
The two sides will be back in court on Thursday regarding back pay for firefighters who worked out-of-title as captains.
They will go before Judge McClusky to litigate the city’s decision not to abide by an arbitrator’s ruling to compensate firefighters who responded to calls while assuming the responsibilities of captains from April 2017 to the present.
To cut down on escalating overtime expenses, the city decided in November 2017 to prohibit firefighters being called into work when their colleagues called in sick.
Under the sick pay directive, the daily staffing level cannot fall below 13 firefighters. Firefighters are called into work if it falls below that number.
The 68-member union has been without a contract since July 2014. The city believes the fire department is overstaffed, while the union contends the minimum manning clause is a safety issue.
The contract dispute played a major role in the 2017 city council election when council members Ruggiero and Henry-Wilkinson defeated two incumbents, who were critics of the fire department.
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