Elgin fire union wants new ruling on city's move to reduce daily staffing

The Elgin Firefighters union wants a judge to strike down an arbitrator's ruling that allowed the city to reduce the minimum daily firehouse staffing from 36 to 34 people.

The International Association of Firefighters Local 439 argues in its lawsuit arbitrator Edwin Benn's March 2015 decision was "against public policy and is arbitrary and capricious" and wants a judge to appoint a new arbitrator to resolve the dispute.

In February 2010, the union agreed to help the city save costs in the down economy by agreeing to reduce the minimum daily staffing by two firefighters through Dec. 31, 2010, in exchange for a promise from the city not to lay off any firefighters.

This "variance agreement" was extended through Dec. 31, 2011, and says the union agreed to the reduction in "a one-time non-precedential basis without any waiver of its contractual terms," according to exhibits in the lawsuit.

In his decision, Benn cited a January 2012 decision to remove an ambulance from service, which in turn reduced staffing from 36 to 34 people, as the department's "managerial prerogative" that allowed the city to reduce staffing going forward.

The union fought it, filed grievances and had several arbitration sessions before Benn's ruling.

"What is before me is the sole question of whether the union has shown that a contract provision of the agreement exists after the expiration of the variance agreement requiring minimum manning to remain at 36. That has not been demonstrated," read part of Benn's decision.

The union's lawsuit argues otherwise.

"Arbitrator Benn's (ruling) did not draw its essence from the contract because it amended, modified, nullified, ignored, added to, and subtracted from the provisions of the agreement and variance agreement by holding that the city had the unilateral right to change minimum shift manning," argued union attorneys Susan Matta and Michelle Owen in the lawsuit.

A message left for Matta was not returned.

Elgin Corporation Counsel William Cogley said a new hearing is unnecessary.

"We prevailed in arbitration," Cogley said. "The case doesn't have any merit at all."

Both sides are due in court Aug. 30 before Judge Thomas Stanfa.