Mar. 16—A legal battle between Frederick County government and the union representing its firefighters regarding collective bargaining and a ballot question from 2018 is expected to continue for at least several more months even after a judge granted a motion to dismiss the case Friday.
The International Association of Firefighters (IAFF) Local 3666's case against the county stems from Question D, a ballot issue approved by more than 70 percent of voters in 2018. The referendum set up a process for collective bargaining and binding arbitration between IAFF Local 3666 and county government, particularly when looking at the overall budget process.
County Councilwoman Jessica Fitzwater (D) helped lead a workgroup and draft legislation to satisfy the requirements of Question D, and the council passed a bill in early 2020. But union members argued the bill did not satisfy both the will of the voters and the amended county charter because County Council members can still cut funding from any decision a third-party arbitrator would make should an impasse between IAFF Local 3666 and the county occur.
The union sued the county in October. Since then, its leadership and the county have sparred in court filings. A Zoom hearing was held Friday in front of Circuit Court Judge Bibi Berry, who ruled in favor of county government by allowing a motion to dismiss the case.
It was unclear why Berry granted the motion, according to court documents. But Stephen Jones, president of IAFF Local 3666, said union leaders suspected a long legal battle when the county hired outside counsel from Washington, D.C.
" Frederick County continues to shock us with their shenanigans to avoid addressing public safety issues," Jones said in a prepared statement. "First, Council member Jessica Fitzwater does the unthinkable and introduces anti-labor legislation. Then, they hire an expensive D.C. law firm to fight against the county's own first responders. When will they stop?"
But County Executive Jan Gardner said in an email Friday that Judge Berry's action proves the county is on firm legal ground.
"The county has negotiated a three-year contract in good faith that provides generous pay and benefit increases to our firefighters because we value and appreciate the work they do. We have fully honored the contract and there are no disputes to be settled and certainly no harm, just benefit to our firefighters," Gardner (D) wrote.
"There is no need for further legal action or expensive lawyers," she added. "My administration is fully committed to treating all our employees fairly and with dignity and respect."
According to court filings, the county filed a motion to dismiss the case late last year, arguing a memorandum of understanding between IAFF Local 3666 and the county, the legislation by Fitzwater and other factors satisfied what the voters approved in November 2018.
"Plaintiffs want the court to rewrite Frederick County's Ordinance by enumerating all bargainable management rights, all arbitrable labor disputes, and the process by which such disputes will be adjudicated. Such advisory opinions are improper," the county argued in one filing.
But IAFF Local 3666 argued there is relevant case law in Atkinson v. Anne Arundel County — a case decided in the state's Court of Appeals in 2016. That case involved Anne Arundel public sector union employees, and the state's highest court determined neutral arbitrators' awards must be funded in the county budget.
"A motion to dismiss cannot be granted where, as here, the claim is justiciable and ripe for judicial intervention and there remains material issues to be decided by the court," IAFF Local 3666 argued in a filing against the county's motion to dismiss the case.
It is unclear when an appeal or if additional lawsuits will be filed in the case.
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