Judge hears sides

The costs of the union's proposals were never determined, the auditor acknowledged.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- The union representing firefighters in Salem charged Thursday that city attempts to abolish the city's fire department are a move to get out of a three-year labor contract that's been in place for nearly a year.
But the city maintains that it is within its rights to consider transferring fire protection from the city to a new joint fire district with neighboring Perry Township.
The dispute took place before a hearing an on unfair labor practice charge filed by the union connected to the proposed move.
The city's attempt to abolish the fire department "destroys a collective bargaining agreement that is now in full force and effect," Dennis Haines, a lawyer representing the International Association of Firefighters Local 283, told State Employment Relations Board administrative law Judge Kay Kingsley.
James D. Kurek, a lawyer representing the city, disagreed, saying the city had informed the firefighters of the intent to move to a joint fire district.
"We feel the city has fulfilled its obligation," Kurek told Kingsley. The firefighters union and the city are in the middle of a three-year contract that began last July.
Labor agreement
The labor agreement developed from a fact finder's report after an impasse in contract talks. The firefighters had ratified the agreement. The city did not reject the proposed contract. Salem Mayor Larry DeJane signed the contract.
But, according to the unfair labor practice charge filed by the union, later in July, Salem City Council approved ordinances allowing annexation of some Perry Township properties into the city to create a joint fire district; establish the joint fire district and create an operating agreement between the city and township for the fire district.
The firefighters union alleges the city's action violates the labor agreement and will destroy the union.
But the city says it raised the issue with union leaders as early as June 2004. City officials say they view the proposed fire district as a way to potentially save the city about $600,000 annually.
Under questioning by the union's lawyer, DeJane said the talks of the proposed joint fire district were preliminary when they were first brought up in 2004.
"It was a a skeleton," the mayor said. DeJane said during labor contract negotiations, the union had offered "suggestions" to save the city funds, including proposing a fire levy to voters and other suggestions.
Union proposal rejected
The city rejected the union proposal, DeJane said. City officials have maintained that none of the proposals brought forward by the union would have achieved the cost savings the city said it needed. But Haines, the union's lawyer, tried to show that the union's proposals were never even costed out. Under questioning by Haines, Salem Auditor Jim Armeni said he did not cost out any of the union proposals nor was asked to by city negotiators. The administrative law judge is to write a recommendation on the matter to SERB, which can accept, reject or modify it.
For now, the fire district has not gone forward. A Columbiana County judge has blocked it from beginning operations.
The city's fire department budget is about $1.2 million annually. There are 15 firefighters covered by the current labor agreement.