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

US DOL Announces Increases to White Collar Salary Test

The US Department of Labor has announced changes to the executive, administrative and professional employees exemption, and more specifically - increases to the minimum salary that must be paid to white collar employees to qualify under these exemptions. These changes have been expected, although the specific minimum salary and dates of implementation were subject to some speculation.

New Hampshire Firefighter Claims He Was Sexually Harassed

A New Hampshire firefighter who resigned last December after enduring what he claims was years of sexually harassing comments and retaliation is now suing his former employer. Christopher R. Golomb filed suit against the City of Concord last month in Merrimack County Superior Court.