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Contract fight too early to call
by Meg Fraser
Dec 03, 2009 | 261 views | 0 0 comments | 6 6 recommendations | email to a friend | print
In the ongoing feud over contract negotiations between the town and Johnston firefighters, both parties have returned to their corners after a Friday morning hearing led to a ruling that will not be contested until the middle of January.

During the preliminary hearing, Judge Jeffrey Lanphear ruled that the town could require firefighters to pay 20-percent of their health insurance costs, as well as change the calculation used for pensions. Both items were included in ordinances passed by the Town Council on Nov. 16. The ruling, however, prohibited any further action before the full case is heard.

For now, that’s good enough for both sides.

“I thought that on a preliminary basis, the judge had a very good handle on the issues,” said Town Solicitor William Conley.

Conley says the projected savings for the town with the changes is $635,000. Most of that figure comes from the calculation of pension benefits. The current system factors in clothing and maintenance allowances, severance pay and 75 percent of overtime. Those amounts are added on to the base calculation – the system preferred by the town – which uses salary, longevity and holiday pay in the formula.

Although the town’s firefighters will see these changes take place before the New Year, Joseph Andriole, president of the International Association of Fire Fighters Local 1950, said he is more or less pleased with the decision. The union originally filled for a temporary restraining order to stop the Council from enacting the ordinances.

“Although we did not get granted a TRO with respect to the active health care contribution rate, we understood the reasoning,” he said.

Andriole says the most important part of the judge’s decision is that already retired firefighters are not being affected.

“We were pleased that the judge did not grant them to touch any retirees. The judge recognized that those people have a right to those benefits that they retired under,” he said.

Council President Robert Russo, who voted in favor of the ordinances to change the contract, said he expected the judge to exclude retired individuals from his decision.

“That seems consistent with equity and fairness,” said Russo, who is also a lawyer.

Moreover, when the case is heard again at a yet decided date, a ruling in the firefighters’ favor could lead to retroactive payments going back to July 1, when the contract expired.

“In the meantime no one’s happy with it but they understand and we’ll accept it for this time being,” Andriole said. “The judge could make that whole again by issuing a monetary judgment against the town.”

What the decision means for upcoming litigation is an issue some of the key players feel differently about. While the litigation will not pick up until the New Year, arbitration proceedings, which began on Nov. 30, will pick up on Dec. 21.

“He appeared to us to position himself very strongly as supportive of the Firefighters Arbitration Act,” Andriole said. “We feel somewhat confident that our case will prevail at that point.”

Russo, on the other hand, had a different perspective.

“Hopefully it’ll send a message to all parties that there’s a good chance that things could change,” he said, explaining his opinion that everyone needs to be willing to make sacrifices.

“When times are tough you’ve got to contribute more. We’re not trying to be combative we’re just trying to do what’s necessary,” he said.

Conley remains on the fence and said he feels “no more confident, no less confident,” as discussions move forward. While he said the town has done everything in its power to prepare for both litigation and arbitration, all bets are off.

“I don’t think anybody feels definitive about how arbitration and litigation will conclude,” he said.

In the arbitration proceedings, a three-person panel hears arguments from both sides and ultimately makes a conclusion based on that information.

“We started arbitration Monday, which, in our opinion, went very well,” Andriole said.

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