Mary And Norm Versus The Mayor

Feb. 1, 2001

The 17th century Chinese philosopher Kai Lung once offered this sage advice: "What you perceive, is as the ripples of a stream." Translated, someone who says things one way may perform another way. Enter Philadelphia Mayor John Street. Street, who at one time was branded a civil rights activist, has thumbed his nose at firefighters and medics in Philadelphia who have contracted Hepatitis C.

At issue is a $25 million dispute between Street's administration and Philadelphia's fire union, International Association of Fire Fighters (IAFF) Local 22. On Nov. 1, 2000, independent arbitrators awarded a two-year labor contract, but Street's administration has yet to implement it. Included in the labor contract was a Hepatitis C fund set aside for firefighters and paramedics with the disease. The contract calls for the city to contribute $4.8 million to a health and welfare plan for firefighters and paramedics that includes paying for health care costs and testing for those with Hepatitis C. The arbitrators also ordered the city to reinstate or reimburse sick leave used in connection with Hepatitis C. Lawyers for Street's administration have asked Common Pleas Court Judge Allan Tereshko to throw out the award, saying that the city cannot afford the dollar amount and that the arbitrators exceeded their authority when they awarded the dollar amount.

The issue of Hepatitis C is serious and almost epidemic in the Philadelphia Fire Department. Several of my recent columns highlighted not only the Hepatitis C issue in Philadelphia, but other large clusters of fire professionals who contracted the disease. The Chicago Fire Department union recently said it will buy and distribute Hepatitis C test kits to its 7,800 active and retired members after the city said no to the union's request for publicly funded testing. Chicago has already reported three dozen cases of Hepatitis C and one death without widespread testing.

Many in the fire service who have acquired the disease do not live high-risk lifestyles and were in the fire service prior to the knowledge that universal precautions were necessary to prevent becoming infected. Most of their problems are proving that the infection occurred as a result of on-the-job exposure. Many of those infected in the Philadelphia Fire Department cannot prove their exposure and infection came from a source patient they came into contact with while performing their job. To date, about 200 firefighters and paramedics in the Philadelphia Fire Department have tested positive for Hepatitis C.

Enter Philadelphia Paramedic Lieutenant Mary Kohler, an 11-year veteran and a victim of Hepatitis C who believes she contracted the disease on the job. On Dec, 5, 2000, she went to City Hall to maintain a vigil outside Street's office until he implemented the arbitration award. Later in the day, Norm Stabinski, another member of the Philadelphia Fire Department who also has Hepatitis C, joined Mary to provide support. For the next 14 days and nights, Mary and Norm kept a watch outside the mayor's office, hoping for Street to reverse his decision to appeal the new firefighters' contract.

During their vigil, Mary and Norm slept on the cold floors of City Hall using folded blankets and sweatshirts as pillows. On their second day of the vigil, Street passed the two at least six times and did not even make eye contact. Mary and Norm stress that their efforts are not about them, but about all the members of the Philadelphia Fire Department. Mary and Norm were visited and encouraged by other firefighters, elected officials and ordinary citizens. Besides words of encouragement, they brought food, bedding, flowers, books, coffee, doughnuts, a Christmas tree, holiday cards, cash donations and a rosary, which Mary slept with under her pillow. Fire stations took turns bringing hot meals to Mary and Norm.

Some support came from the Philadelphia City Council, which passed a resolution to join the union in its fight against the mayor. One councilman went so far as to describe the mayor's behavior as "arrogant and rude."

During her protest, Mary gave herself regular shots of interferon while Norm had to leave City Hall several times to have blood drawn in preparation for his next set of interferon treatments. They used a public restroom to clean and wash up.

Mary and Norm's vigil went on for 15 days, including weekends. On Day 7, Mary was notified that the city was dropping her from the payroll since her sick leave had run out. In response, firefighters and police officers offered their sick leave and vacation time to Mary and Norm. However, the city disallowed it while the mayor still refused to meet with Mary. As the vigil wore on, Mary became weaker and weaker. Her husband, Bill, became concerned with her health and he could tell she was in a more weakened state than when she began her vigil. Mary vowed she would stay until Street withdrew his appeal on the arbitration award.

On Day 14, a Christmas Party took place in the mayor's office, just feet away from where Mary was lying on a makeshift bed. But the members of the Philadelphia Fire Department did not forget Mary. After dropping off hot meals and other items, they sang Christmas carols outside the second-floor window near her. But Mary continued to get weaker and weaker. Her joints ached from spending her nights sleeping on the City Hall floor.

On Day 15 of Mary and Norm's vigil, a hearing on the city's appeal on the arbitration award was scheduled in City Hall. Mary and Norm sat in on the hearing. Joining them were hundreds of other firefighters. Eventually, Mary had to leave the courtroom since she could no longer sit in a hard wooden chair.

It was at this point that Mary decided she was too weak to continue her vigil. She had lost weight and was emotionally and physically drained from her vigil. As she left City Hall, tears streaming down her face, hundreds of firefighters lined her path, chanting "Mary! Mary! Mary!"

The next day, the judge ruled on the hearing. The judge sided with the firefighters, ruling that the city must abide by most of an arbitrator's contract. However, the judge struck down several peripheral issues in the contract, including the Hepatitis C fund.

Chances are, but hopefully not, Street may have to call 911 someday for himself or a loved one. When the red ambulance pulls up carrying members of the Philadelphia Fire Department, Street will probably remember how he treated them. Fortunately, for him, they are professionals and they will do their job to the best of their ability.

Gary Ludwig, MS, EMT-P, a Firehouse® contributing editor, is the chief paramedic for the St. Louis Fire Department and is the vice chairman of the EMS Executive Board for the International Association of Fire Chiefs. He has lectured nationally and internationally on fire-based EMS topics and operates The Ludwig Group, a consulting firm specializing in EMS and fire issues. He can be reached at 314-752-1240 or via www.garyludwig.com.

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