City's appeal is dismissed



The firefighters also have filed a complaint with the SERB.
SALEM -- City firefighters have won another round in their battle with council over the formation of the Quaker Community Fire District.
The 7th District Court of Appeals on Monday dismissed the city's appeal of a court order that temporarily blocked the district from starting operations.
Council formed the district in 2005 with Perry Township. The plan was that both entities would disband their fire departments and form the fire district. Members of the two departments could apply to the fire district for jobs.
The International Association of Firefighters Local 283, a firefighters union, filed a lawsuit to block enactment of the district. Judge C. Ashley Pike of Columbiana County Common Pleas Court granted the preliminary injunction. Monday's ruling means that the lawsuit can continue and the plaintiffs can seek a permanent order blocking the district from operating.
The city appealed that order, contending in part that it was losing $50,000 each month the fire district was not operating.
But the appeals court said that city was not going to harmed by the preliminary injunction. The decision said that the city has operated a fire department for years and the operating cost is part of the city budget.
The firefighters also have filed a complaint with the State Employment Relations Board, saying they had a valid contract with the city when it formed the new district.
Michael Burns, the head of the firefighters local, said that SERB is supposed to rule March 16 on whether the city violated the labor contract.
Burns said that mediation through SERB with city representatives had not resolved the dispute.
The firefighters contend that council approved the fire district pact after renewing a contract with the firefighters.