CLEVELAND, Ohio – A spat between Cleveland and one of its labor unions over when firefighters should start work each day has escalated to a case before the Ohio Supreme Court over who should referee the fight.
The high court this week ordered Cuyahoga County Common Pleas Judge Nancy Margaret Russo to file a brief by Friday that explains why she should be allowed to have a part in the case.
The root of the court fight is a decision by fire Chief Angelo Calvillo to change the start time for firefighters working 24-hour shifts from 8:30 a.m. to 7 a.m.
The case arises at a time when tensions between the union and the chief are smoking hot. The union overwhelmingly voted last week in support of a resolution stating members have no confidence in the chief’s leadership.
City Council President Kevin Kelley has said he intends to hold a hearing to listen to the union’s concerns. Meanwhile, the city’s three-year collective bargaining agreement with the firefighters will expire March 31.
The trouble began in December, when Calvillo notified the Association of Cleveland Firefighters, Local 93 of the International Association of Firefighters, that he intended for the 7 a.m. start time to take effect on Feb. 11.
In court documents, the city contends Calvillo’s decision was based on improving efficiency.
Local 93, which represents about 750 employees, contested the action, arguing that under state law, work hours are a subject for labor negotiations.
The union filed an unfair labor practice complaint Jan. 31 with the State Employment Relations Board, the state agency that handles labor issues involving public employees.
SERB cases often take months to resolve. On Feb. 6 the union asked the common pleas court to order that the scheduling change not be implemented in the meantime.
The filing is an effort to preserve the status quo while the state sorts out the labor complaint and as new contract negotiations approach, said Thomas Hanculak, an attorney for the firefighters’ union.
In its court filing, the union stated that the current schedule has been in place for five decades and that the city has never sought to change it.
“There is no or little evidence that bargaining over the issue would at all impede the central mission of the city in providing fire suppression services to its residents,” the union said in its filing with Cuyahoga County. “Bargaining would only serve to improve the fire protection mission, since the city fire suppression personnel would not be faced with several Hobson choices regarding reporting at a unilaterally-set new start time while abandoning their children and other family members for who they are responsible caretakers.”
Such a change “would negatively impact the physical and mental state of Local 93 members who would not be able to adjust to the unilaterally-set schedule,” the union stated.
Russo issued a temporary restraining order Feb. 7 that prohibits the city from imposing the new start time through March 30.
The judge also has twice rejected a motion by the city that the case be dismissed because the Common Pleas Court lacked jurisdiction to hear it. The city argues only SERB may intervene.
Russo’s rulings prompted Cleveland to ask the Supreme Court to order her to step aside. Once Russo files her brief, the city will have three days to respond.
Even if the high court sides with Russo, that’s not the end of the labor fight. It only means that Russo will be allowed to decide if the city should be blocked from imposing the new start time while SERB handles the labor complaint.
Mayor Frank Jackson’s administration did not comment, saying the motion filed with the Supreme Court speaks for itself. Typically, the administration does not comment on pending litigation.
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