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Ogdensburg city attorneys petition State Supreme Court to stay firefighters demand for arbitration

Posted 1/14/21

BY JIMMY LAWTON North Country This Week OGDENSBURG – Ogdensburg City Manager Stephen Jellie says attorneys for the city have filed a petition with the State Supreme Court to “stay” the …

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Ogdensburg city attorneys petition State Supreme Court to stay firefighters demand for arbitration

Posted

BY JIMMY LAWTON
North Country This Week

OGDENSBURG – Ogdensburg City Manager Stephen Jellie says attorneys for the city have filed a petition with the State Supreme Court to “stay” the International Association of Firefighters Local 1799’s “demand” for arbitration.

“Today, the City of Ogdensburg filed a petition in State Supreme Court for an order, pursuant to Article 75 of the Civil Service Practice Law and Rules, For A Permanent Stay of Arbitration from a demand for Arbitration by International Association of Firefighters (IAFF) Local 1799,” Jellie said in a prepared statement.

“The City seeks judicial relief from this demand and we look forward to making the case in Supreme Court,” he said.

The fire union moved to begin arbitration after the city took action that was in direct violation to the contract, including minimum staffing issues.

The city and the union have been fighting for months with the city, claiming that the existing contract is unsustainable and the union saying it was negotiated fairly and in good-faith.

Over the past few months several members have been laid off, several have faced disciplinary action and some have accepted retirement incentives.

The union has rejected two offers from the city, which would have saved jobs at the expense of various negotiated benefits. The union has called the offers insincere. Among the major sticking points between the city and the union is an agreement in the contract that requires five firefighters to be on duty at a time. The city manager, who also serves as the fire chief, has reduced that to four.

“IAFF Local 1799 outright rejected two very generous offers made by the city to settle the matter and return all laid off firefighters to work,” Jellie said.” The current contract was hastily agreed to in the final days of the 2019 City Council and ratified by the Union during a period of significant financial distress for the city and for an unreasonable duration of time (6 years) that is double the length of any recent contract with IAFF Local 1799.”

In its call for arbitration IAFF Local 1799 said the city violated, and continues to violate, the contract.

“On or about December 9, 2020, the City of Ogdensburg violated the entire Collective Bargaining Agreement including, but not limited to, Article 7, Article 8, Sections c, d, e, and f, Article 20, and Article 24. The Collective Bargaining Agreement was violated (and continues to be violated) when the City of Ogdensburg directed that, effective January 1, 2021 it would no longer maintain "manpower" levels as defined and/or referenced by the Agreement, including maintaining a minimum of five bargaining unit members on duty at all times, reducing the total complement of bargaining unit members of 28 to 24 due to budgetary reasons or the abolishment of positions, and by not filling vacancies when the full-time staffing falls below 24.”

The union called for arbitration to demand the city “cease and desist” from violating the agreement and restore the staffing levels as defined by the agreement.

Prior to arbitration the union unsuccessfully sought an injunction that would have kept the laid-off firefighters working through the process.

If the stay of arbitration is granted by the court, the union could appeal the decision.

Union President Jason Bouchard said the union had no comment at this time as their attorney had not yet reviewed the documents.