San Bernardino Settles Nine-Year Dispute With Firefighters

The City of San Bernardino has reached a global settlement with its firefighters, resolving fifteen different legal proceedings ranging from a Fair Labor Standards Act (FLSA) lawsuit to several unfair labor practice charges. The estimated price tag of the various actions could have been $40 million.

The settlement clears the way for city firefighters to transfer into the San Bernardino County Fire Department. The City filed for bankruptcy protection under Chapter 9 in 2012.

The settlement calls for the City to:

  • Pay $1,562,187 over city imposed pension cost-sharing
  • Pay $1,142,000 to settle the FLSA claims
  • Make two payments of $1,491,000.00, one this year and one in 2017, to compensate city firefighters for pay and benefits with the county that are referred to as “not comparable”;
  • Pay $430,000 to the county to cover sick leave and vacation time of the transferred firefighters.

The firefighters union, as an unsecured creditor of $14 million, agrees to vote to accept the city’s bankruptcy plan, and will receive 1 percent of its $14 million claim.

Here is a copy of the settlement agreement: 2016 Settlement

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.
x

Check Also

New Jersey Firefighter Alleges Race Discrimination and Retaliation

A New Jersey firefighter is suing his department, the fire chief and a firefighter alleging violations of the state’s Conscientious Employee Protection Act due to race discrimination and retaliation. Michael Warren filed suit against the Hamilton Township, Fire Chief Christopher Tozzi and Ray Krajcsovics.

Wilmington Settles FLSA Overtime Suit with Battalion Chiefs for $459k

The City of Wilmington has agreed to settle an FLSA overtime suit brought last year by six current and former battalion chiefs for $459,695.36. The chiefs claim they were improperly classified as exempt executives.