Omaha Firefighters NFPA 1710 Suit Dismissed

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 40 years of fire service experience and 30 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) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Airport Firefighters Seek Injunction to Prevent Retaliation Over IAFF Censure

Nine members of IAFF Local 3217, the Metropolitan Washington Airports Authority Professional Firefighters, have filed suit against the Authority and three chief officers seeking an injunction to prevent retaliation against them for trying to bring to light safety related staffing concerns. The nine firefighters are the elected officers and executive board of the local.

Philadelphia Firefighter Claims His Officer Harassed Him After He Suffered a Heart Attack

A Philadelphia firefighter who claims he was harassed and bullied by his officer after returning to duty following a heart attack has filed suit claiming disability discrimination and retaliation. Perry Lawrynkiewicz filed suit in US District Court claiming violations of the Americans With Disabilities Act, the Pennsylvania Human Relations Act, and the City of Philadelphia’s Fair Practices Ordinance.