Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Erie Pennsylvania Firefighters, IAFF Local 293, recently received a mixed decision on an appeal of an arbitrator’s award. Arbitrator Michael Zobrak had previously issued an award that mandated the city increase minimum staffing from four to five firefighters on all companies if the city maintained six or fewer companies, or in the alternative maintain four per rig if an additional company is placed in service beginning January 1, 2010.
Zobrak’s award also ruled that the city must discontinue the use of "dual companies," (a single crew that can respond with either and engine or ladder) in favor of single companies for the express reason "to ensure the safety of all bargaining unit members." Finally, the award that called for the restoration of a "reverse" Deferred Option Retirement Program, or DROP.
The city appealed the award, claiming that Zobrak exceeded his authority. On Tuesday, December 8, 2009, the Erie County Court of Common Pleas sustained staffing award but ruled against the firefighters on the DROP program. Both parties plan to appeal. The city claims the staffing award will require them to hire an additional 24 firefighters and cost $1.73 million in the first year.
