SALEM Elimination of fire department disallowed because of contract

The judge's ruling didn't block the creation of a fire district.
By D.A. WILKINSON
VINDICATOR SALEM BUREAU
SALEM -- An administrative judge has proposed the city be barred from attempting to eliminate its fire department in favor of a fire district.
Michael Burns, the head of the firefighters union, said Monday the recommendation was "good news."
The State Employment Relations Board will make the final ruling.
Administrative Judge Kay A. Kingsley has recommended that the city:
UStop attempting to abolish the union that is recognized by SERB.
UStop refusing to bargain with the fire department.
UKeep the fire department until the fire district issue is resolved.
UPost signs it will comply with the orders.
Both the city and firefighters union will be able to comment on the proposal before it goes before the three-member SERB board for approval.
J. Russell Keith, SERB's general counsel, said that process could take several months.
But Burns said the union already is asking Judge C. Ashley Pike of Columbiana County Common Pleas Court to issue a permanent injunction against the fire district's formation.
Council and Perry Township voted in 2005 to create the Quaker Community Fire District. Judge Pike issued a temporary restraining order that stopped district operations until the issues with SERB were resolved.
Council hoped to save money on its full-time department. The move also would have abolished the township's volunteer fire department.
The ruling
Judge Kingsley's proposed order says the city and township had a right to form a fire district.
She wrote, "What is in dispute is the city's belief that it can unilaterally implement its decision to create the joint fire district, abolish the city's fire department and terminate its bargaining relationship with the union.
"The city's unilateral implementation of its decision to create the joint fire district ignores the fact that the city and the union representing the local fire department are in the middle of a three-year [contract.]"
Judge Kingsley wrote that state law does not allow for unilateral implementation during an impasse in nonstrike situations. The city, she added, hasn't cited any authority for the move to abolish the department.
Under law, a fact finder's contract recommendations became the new three-year agreement with city firefighters July 1, 2005. Council voted July 25, 2005, to create the fire district.
Burns said of the ruling, "It's the first time in two years we're seeing some stability."
Voters later in 2005 defeated three councilmen and the president of council. One of the new councilmen who supports the union, Justin Palmer, said he was not sure what will happen.
Palmer said the city has spent an unknown amount on the legal battle.
Mary Lou Popa, one of the four remaining council members who favored the district, said she was disappointed by the recommendations. She said she, too, is unsure what will happen.
wilkinson@vindy.com