The ruling, depending on how its language is interpreted, also directs the city to hire additional firefighters.
That's a move the city can't afford, according to Lebanon Mayor Bob Anspach, who has lawyers analyzing the contract's fine print to determine what options the city has, if any. This year, the city spent $1.2 million on salaries and benefits for its paid firefighters -- about 13 percent of its $9.27 million budget.
"The financial side of the package is entirely too sweet for us to take a bite of," Anspach said. "We are sitting down and looking at the legal issues and directions open to us. We haven't made a final decision yet on how we will address the financial issues."
The firefighter's union represents 19 employees who have been working without a contract since the beginning of the year. When contract talks stalled in January, both sides agreed to go to arbitration under the rules of Act 111, the Policemen and Firemen Collective Bargaining Act.
The deal, which is retroactive to the start of the year, gives the firefighters 4.5-percent salary increases this year and in 2005; a 5-percent increase in 2006; and a 5.5-percent increase in 2007. The starting salary during the length of the contract will increase from $30,426 this year to $35,221 in 2007.
The contract also throws out an agreement reached during the last contract negotiations in 1998 that called for a minimum of six paid firefighters per shift. The new agreement stipulates that each engine and ladder truck "in service that is regularly maintained or operated by the City of Lebanon Fire Department shall be staffed by no less than three bargaining unit members."
Here is where the language of the contract gets sticky, and the number of required firefighters could be open to dispute.
The Lebanon Bureau of Fire operates five engines and two ladder trucks, but typically only two engines and one ladder truck are in service, according to Fire Commissioner Barry Fisher. However, he said, all of the apparatus is available if needed.
That does not precisely fit the contract's language of "out-of-service" equipment, which is defined as apparatus that has been "drained of water and/or stripped of equipment."
Another possible bone of contention is the ownership of the apparatus. Of the seven pieces of apparatus, only an engine truck purchased in 2001 is owned by the city. The others are the property of the volunteer fire companies that purchased them, although only paid firefighters are permitted to drive them.
Career firefighter Adrian Borry, president of the Fire Fighters Local Union 1952, said having properly manned equipment is a safety issue for the paid and volunteer firefighters, as well as the public. The number of volunteers who can be counted on to respond has declined to just a handful, while the number of fire calls is steadily increasing, he said.
National standards call for at least four firefighters on a piece of equipment, Borry said. During the day, the city has a total of five paid firefighters manning the three pieces of equipment in service, and that number drops to four at night. When a fire alarm rings, he said, an average of five volunteers respond.
"What we are looking at is in the neighborhood of 10, maybe 11, firefighters on the scene. We think that number should be more like 15 or 16," he said.
But the city can't afford to hire more firefighters, and may have to let some go to meet budget constraints, according to Anspach.
"All options are on the table," he said.
Tim Sheffy, attorney for the firefighters' union, believes the contract is fair to both sides.
"This award recognizes the problem of the declining number of volunteers who are responding to calls and attempts to provide a safe working environment for the career firefighters," he said.
The salary increase brings Lebanon's firefighters closer to the level of pay others are making in cities of similar size, Borry said. The union is willing to discuss the staffing matter, but so far has been rebuffed by the Anspach administration, he claimed.
Other terms of the deal include the establishment of a managed health-care plan for all career firefighters and their eligible dependents. Employees will contribute $10 to the plan each pay period, with an additional $5 contribution coming from those with dependents.
In addition, firefighters will receive hospitalization insurance and a $400 medical-service allowance that will also cover family members for treatment not covered by the health plan, including dental and eye care.
The firefighters' contract is similar to one that was recently awarded by an arbitrator to the city's police union that increases salaries by 22 percent over the next five years. Anspach has also expressed concern about its financial impact, and lawyers for the city are reviewing it for a possible challenge.
