Staffing

Court Upholds $1.6 Million Award Against East Cleveland For Staffing Violation

The Ohio Court of Appeals has upheld a $1,631,290.04 award against the City of East Cleveland for violating the minimum staffing requirement in the collective bargaining agreement with East Cleveland Firefighters, IAFF Local 500. The case dates back to 2016 when the city began refusing to honor the ten-person minimum on-duty requirement.

Cobb County Prevails in First Amendment and Whistleblower Suit

A Georgia firefighter who was disciplined after contacting a county commissioner to voice concerns about apparatus being place out of service, has lost a lawsuit contesting the discipline on First Amendment and whistleblower grounds. Cobb County firefighter Scott Millspaugh filed suit last year claiming his “demotion” from Firefighter III to Firefighter II was retaliation

Fire Law Roundup: January 17, 2022

In this edition of Fire Law VLOG, Brad and Curt discuss last week's headlines, including the LA County warehouse fire hazmat cleanup suit, a staffing decision out of New York state, an Oregon suit over a sexual assault, a wrongful termination suit out of Ohio, and a health care benefit case involving a disabled Florida firefighter.

NY Appeals Court Upholds Staffing as Bargainable for Firefighters

The Appellate Division of the New York Supreme Court has ruled that minimum staffing is a bargainable subject that relates to the safety of firefighting personnel, not an illegal job-security clause. The case involves an effort by the City of Ogdensburg to block the grievance arbitration of the city’s unilateral reduction in shift staffing for the Ogdensburg FD.

Washington State Supreme Court Allows Staffing Decision to Stand

The Supreme Court of Washington ruled last week that a decision by the Court of Appeals holding that staffing is a bargainable subject for firefighters, will not be overturned. The case was brought by the City of Everett in an effort to overturn a decision by the state’s PERC.

Washington Appeals Court Rules Staffing Is Bargainable Subject

The Washington Court of Appeals has upheld a ruling by the Public Employment Relations Commission that staffing is a mandatory subject for bargaining when it has “a demonstratedly direct relationship” to firefighter workload and safety. The case involved an interest arbitration between IAFF Local 46 and the City of Everett.

2020 Edition of NFPA 1710 Released

The 2020 Edition of NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, has been released by the NFPA Standards Council. The 2020 Edition contains several noteworthy changes. To address concerns about when NFPA 1710 applies compared to NFPA 1720, a definition of a career fire department was added

Burning Question: Wilmington LODD Suit, Civil Rights Violation, and Deliberate Indifference

Today’s burning question: I saw your article on the Wilmington LODD lawsuit and do not understand why the families of the deceased firefighters would bother suing the city for a civil rights violation. Answer: Civil rights suits are viewed by some attorneys as a strategic “end around” the tort defenses that fire departments would typically raise in cases like this. Whether the strategy will actually work is another story.

Wilmington Brownout LODD Suit Filed

The long-awaited suit brought by three seriously injured Wilmington, Delaware firefighters along with the families of three firefighters who died in a building fire in 2016 was filed today in US District Court for the District of Delaware. The fire on September 24, 2016 claimed the lives of Lieutenant Christopher Leach, FF Ardythe Hope, and FF Jerry Fickes.

Illinois Firefighters Sue To Block Staffing Cuts

Elgin Association of Firefighters, IAFF Local 439, filed suit last week seeking an injunction to block the city’s plan to cut two positions from minimum shift staffing. The city council voted to eliminate the positions when the collective bargaining agreement ends on December 31, 2017.

Illinois Court Rules Against Backpay Award

The Illinois Court of Appeals has upheld a ruling of the IL Labor Relations Board that overturned a $3 million back pay award to a firefighter’s union. In 2008, IAFF Local 3405, Oak Lawn Professional Firefighters Association, filed an unfair labor practice charge against the Village of Oak Lawn for refusing to bargain over minimum staffing.

Tucson Sued Over Breast Milk Accommodation

A paramedic with the Tucson Fire Department has filed suit claiming the department has wrongfully refused her requests to be assigned to a fire station that could accommodate her need to express breast milk. The case raises a little known ...

Public Safety Chess Game Continues in Lockport NY

The city of Lockport, New York filed suit against the Lockport Professional Fire Fighters Association yesterday in an attempt to block the union’s attempt to seek binding state arbitration to block the city’s attempt to reduce minimum shift staffing from ...

Reno Firefighters Sue to Block Layoffs

Reno Firefighters IAFF Local 731 have filed suit against the city of Reno in an effort to block layoffs planned for July 1. At issue is whether the city’s move to eliminate 33 positions violates the collective bargaining agreement. The ...

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