BY JIMMY LAWTON
North Country This Week

OGDENSBURG — Ogdensburg City Council and the Ogdensburg Firefighter’s Union are likely headed for arbitration after the Court of Appeals opted against hearing the city’s appeal to a recent decision regarding minimum staffing at the department.

New York State Professional Firefighters Union President Sam Fresina shared the news in a press release issued Friday.

Recently, following a unanimous decision by an appellate court during which the city’s actions were rebuffed, the city escalated its appeal to the state’s highest court, the Court of Appeals. That appeal was denied on May 24, in favor of Ogdensburg’s Fire Fighters. The matter will now be resolved before an arbitrator, release said..

“For more than a year, Ogdensburg’s mayor and appointed city manager repeatedly violated a six year agreement, negotiated in good faith, and which protected the city and those who serve it,” Fresina said in a press release issued Friday.

According to the release, Ogdensburg’s Firefighters were notified this week that a court decision issued earlier this year will stand “ensuring that its roster will not be subject to random and unanticipated actions by the city to reduce its staffing levels and shift assignments.”

At issue was a long standing disagreement between the city management and the union regarding clauses in the fire contract. The city claimed minimum staffing numbers were management rights and existed for job security rather than safety.

The union argued that the city was violating the contract in a manner that threatened public safety and firefighter safety.

“The actions repeatedly advanced by Mayor Skelly and City Manager Jellie stemmed from a position that reflected a contempt for the law, and an unwillingness to honor existing public commitments. It is unfortunate that they chose to pursue that path. I am hopeful that this week’s court decision and city council brings this unnecessary dispute to conclusion. However, if we are required to engage again – to defend the community and our membership – we will,” Fresina said.

“Ogdensburg’s firefighters are committed to our community, families and one another. A call from our neighbors for help receives a full-on response, irrespective of address or origin of the call. That is who we are,” Jason Bouchard, President of Ogdensburg’s Fire Fighter’s Association (IAFF - Local 1799) said. “Members of the Ogdensburg’s firefighters union, for more than a year, we were forced into a protracted legal battle advanced by the city’s mayor and its appointed city manager.”

Ogdensburg City Manager Stephen Jellie said the city council will decided whether to follow the contract as it stands or seek arbitration.

“The City Manager has requested instruction from City Council as to whether the majority city council desires to proceed to arbitration on the two remaining matters. Based on the last two failed resolutions in regards to the fire department, I am not clear on the position of city council in proceeding to defend the city against these sections of the collective bargaining agreement. The decision is one of policy and is the responsibility of City Council, not the City Manager,” he said.

If the council does move toward arbitration, the fire union is confident that the outcome will be favorable for them.

“We are confident that the union will prove its case and receive damages associated with the breach of contract by the city,” said Nathaniel Lambright, a labor law attorney, representing Local 1799 in the matter.

During a city council meeting earlier this week, the city council rejected two resolutions that would have impacted staffing levels and contractually defined compensation paid to its city fire fighters.

“All of these issues may have been sparked in Ogdensburg and immediately impacted our fire fighters – however, their full weight is felt across the state and involves the well-being of more than 18,000 members in New York,” said Bouchard. “We are grateful to the International Association of Fire Fighters and the New York State Professional Fire Fighters Association – for their support, they recognize that issues such as those taking place along the border in St. Lawrence County are important to the union’s membership at large.”

City Manager Stephen Jellie said in a response late Friday afternoon to the court decision that he has reached out to all members of City Council to determine if the majority wants him to proceed to arbitration on the remaining two unresolved matters or satisfy the demands of IAFF Local 1799 by providing the relief requested.

The decision to proceed to arbitration is the responsibility of City Council, not the City Manager, Jellie said.

“As City Manager, I have followed the instruction provided by a majority of the Ogdensburg City Council (Skelly, Rishe, Fisher, Dillabough) in November 2020 by defending the City against the illegal, irresponsible and financially crippling sections of the current collective bargaining agreement with IAFF Local 1799 that was hastily ratified by the previous City Council, most of whom had just been defeated in the 2019 city council election,” Jellie said.

“To date, the City has prevailed in 5 of 7 issues the union initially filed in regards to the staffing decisions made by the City,” the manager said. “Recently, Councilor John Rishe changed his stance on other critical issues involving the staffing of the fire department and there is now likely a different direction that City Council will proceed.”

“I will await the majority city council decision before taking any action in this matter, and should a majority of city council decide to cease the defense of these issues, they will need to provide a definitive plan how the additional personnel and overtime resources will be funded for the remainder of this fiscal year and future years beginning in 2023,” Jellie said.