AUBURN - City and union representatives made their cases Wednesday over how the city can use its probationary fire fighters, but a Cayuga County judge reserved his decision. After hearing arguments from either side, Judge Mark Fandrich said he would wait until this afternoon to decide if he will order the Auburn Fire Department to temporarily refrain from scheduling two new recruits as line firefighters.
Auburn Professional Fire Fighters Local 1446 requested a court-ordered injunction this week that would prevent the city from using Brandon Harvard and Dan Guzalak to count toward the department's 15-person minimum requirement. The city has the two men scheduled for various shifts over the next two months that would fall in between time scheduled training at the state fire academy, which union representatives claim is a safety threat and a violation of the collective bargaining agreement between the two parties.
However, Fandrich said his job is not to decide if the contract allows for probationary firefighters to work as part of the 15-person crew.
That will be handled by an arbitrator, as the union filed a grievance March 20 over the issue.
Fandrich's decision hinges on whether or not there are grounds to keep the city from having the men work on the line before the arbitration takes place, which could be months from now, he said.
“The intent of the contract is not up for us to decide here,” Fandrich said in court.
City Attorney Andrew Fusco argued that state regulations allow for new recruits to work on duty while completing their training. There is also no language in the contract specifying probationary firefighters can't be used to satisfy the 15-man minimum, he said.
“If every single grievance was able to be enjoined before arbitration decided a case, you would be giving out injunctions on a daily basis,” Fusco told Judge Fandrich.
But Matthew Bergeron, who was representing union president Steve Parker, said this case does call for immediate action. By the time the arbitration is completed, the recruits will have completed training and the judgment will be irrelevant.
“The spirit and intent behind the (contract) negotiations is safety,” Bergeron said in court. “Uncertified (probationary fire fighters) cannot and have not been used for that minimum 15.”
Fandrich will also decide whether the union's will action merits their providing a bond to cover the city's financial losses. If the two men are not allowed to work as part of the department's 15-person minimum staff, Fire Chief Mike Hammon estimates the city will have to pay almost $10,000 in overtime costs.
Fandrich is scheduled to announce his decision at 1:30 p.m.
However, Fandrich said his job is not to decide if the contract allows for probationary firefighters to work as part of the 15-person crew.
That will be handled by an arbitrator, as the union filed a grievance March 20 over the issue.
Fandrich's decision hinges on whether or not there are grounds to keep the city from having the men work on the line before the arbitration takes place, which could be months from now, he said.
“The intent of the contract is not up for us to decide here,” Fandrich said in court.
City Attorney Andrew Fusco argued that state regulations allow for new recruits to work on duty while completing their training. There is also no language in the contract specifying probationary firefighters can't be used to satisfy the 15-man minimum, he said.
“If every single grievance was able to be enjoined before arbitration decided a case, you would be giving out injunctions on a daily basis,” Fusco told Judge Fandrich.
But Matthew Bergeron, who was representing union president Steve Parker, said this case does call for immediate action. By the time the arbitration is completed, the recruits will have completed training and the judgment will be irrelevant.
“The spirit and intent behind the (contract) negotiations is safety,” Bergeron said in court. “Uncertified (probationary fire fighters) cannot and have not been used for that minimum 15.”
Fandrich will also decide whether the union's will action merits their providing a bond to cover the city's financial losses. If the two men are not allowed to work as part of the department's 15-person minimum staff, Fire Chief Mike Hammon estimates the city will have to pay almost $10,000 in overtime costs.
Fandrich is scheduled to announce his decision at 1:30 p.m.
