Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
An Ohio court has upheld an arbitrator’s ruling that a city must pay over $100,000 to nine fire officers who were wrongfully denied overtime.
International Association of Firefighters Local 698, Xenia Firefighters filed a grievance in 2010 when the city of Xenia began having firefighters serve as officers to save money rather than calling in lieutenants and captains . The collective bargaining agreement specified: “There is a 2-officer minimum. In the event that there are 2 officers off, one officer will be called in on overtime.”
The union’s position was that having two qualified officers on duty is a contractual requirement and a safety issue. Last January arbitrator Cynthia Stanley agreed, prompting the city to appeal the matter to the Greene County Common Pleas Court.
Xenia City Manager Jim Percival was quoted as saying “I still think that the arbitrator’s decision was incorrect. … We’re going to pay it and move forward.” The $100,000 represents roughly 1,677 hours of overtime, plus employment taxes and pension contributions.
