Omaha Firefighters NFPA 1710 Suit Dismissed

Posted by: Curt Varone August 20, 2013 1 Comment

This just in – Nebraska District Court Judge James Gleason has dismissed a lawsuit by IAFF Local 385 against the City of Omaha alleging that Mayor Jean Stothert's proposed 2014 budget will violate their collective bargaining agreement.

The firefighters alleged that the proposed budget will result in apparatus closings, layoffs and demotions, all in violation of the city’s promise to meet NFPA 1710. Last year the union agreed to major concessions in pensions and health care in exchange for the city’s promise to comply with NFPA 1710.

IAFF local 385's web site is quoting Judge Gleason as saying:

The evidence before the Court shows that the Defendant Mayor of the City of Omaha has proposed a budget which arguably could have a deleterious effect on the safety of firefighters and therefore may be a breach of the contract entered into between the Plaintiff, Professional Firefighters Association and the City of Omaha. However, the proposal of a budget does not create a budget and this Court determines that this case is not ripe for decision until a budget has been approved by the City Council of the City of Omaha.

The union is vowing to go back to court if the city council approves the fire department budget as proposed. The city council is scheduled to take up the matter on August 27, 2013.

More on the story.

Earlier post.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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