Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Allentown, PA Firefighters IAFF Local 302 have appealed an interest arbitration decision handed down last month to Lehigh County Court. The suit alleges that the arbitrator made several procedural errors in granting the award that covers four years, including overstepping his authority by cutting pension benefits, reducing minimum staffing levels, and imposing restrictions on sick leave that were contrary to state and local law.
The award:
- freezes salaries of firefighters for two years
- reduces the minimum shift staffing from 30 to firefighters per shift
- reduces the amount of overtime that can be used for pension calculation from 100% down to 10%
- requires firefighters to submit medical documentation for sick leave of more than 3 days compared to 6 days currently
- eliminated cost-of-living adjustments for firefighters who retired between 2005 and 2012
- eliminated a buyback option of pension credits
The Union alleges that the arbitrator prohibited it from presenting live testimony from witnesses, but allowed the city to do so, and awarded cutbacks to the city that violate state and local law.
The city is also appealing a portion of the award that reinstates a ban on layoffs and furloughs and staffing minimum of 140 firefighters after 2015. The award granted the city a temporary waiver of the ban on layoffs and furloughs and the 140 person minimum department-wide staffing level. The city wants the right to control the size of its workforce to be permanent.
