BY JIMMY LAWTON
North Country This Week.

OGDENSBURG — Ogdensburg IAFF Local 1799 has appealed a decision by Supreme Court Judge Mary Farley to stay a call for arbitration over alleged contract violations.

Attorneys Paul Sweeney, representing the city and Nathaniel Lambright, representing the union, made their cases before the the appellate court at a recent hearing.

Lambright believes the appeal will be successful.

“Based on my analysis of the law and questions that the court were interested in, I remain confident that the city breached the contract and I look forward to the court’s ruling,” Mr. Lambright said. “For far too long the city’s actions have jeopardized the safety of the firefighters and public, and I look forward to this being remedied in the near future.”

At issue is a long battle between the city and the union over contract violations the city acknowledges, but says it is within its managerial rights to make because the contracts are not financially sustainable.

The department has undergone massive changes with the total number of firefighters reduced from 27 to 20 and a change of minimum shift staffing from five to four. While both actions violated the union contract, the city has maintained that the decisions have fallen within the management rights of the city.

The battle has spawned protests, rallies and complaints at city hall. Disputes between the city and union have prompted terminations, resignations and a criminal charge against the mayor following a dispute with a non-retired firefighter.

Following the initial demand for arbitration, the union unsuccessfully sought a stay order that would have kept staffing at 24 until the matter was resolved.

The city then sought a stay of arbitration, which prompted the union to modify its filing, but in May the city was granted a permanent stay of arbitration.

Essentially Farley granted the stay due to the perception that the arbitration was sought for job security issues rather than safety issues.

The union has maintained that’s not the case. The union said the city has a legal obligation to uphold the existing contract, which is good though 2025. They have reiterated many times that five-person minimum shift staffing is essential to the safety of firefighters and ultimately the citizens of Ogdensburg.

City Manager Stephen Jellie remains confident that the stay will be upheld.

“The City of Ogdensburg, through its attorney Paul Sweeney (Coughlin & Gerhart) made its case today in front the Appellate Court, 3rd Department in the appeal of the matters ruled affirmatively in the City’s favor in NYS Supreme Court involving staffing of the Ogdensburg Fire Department,” Jellie said.

“It is an unfortunate situation that the leadership of IAFF Local 1799 continues to assert that the needs of its 17 members outweigh the overall needs of the City.”

“IAFF Local 1799 participated in the well documented hasty negotiation of an irresponsible and unaffordable contract immediately following the staggering defeat of the Mayor and 3 incumbent City Councilors in the election of 2019. IAFF Local 1799 and the City of Ogdensburg were at impasse on every major portion of contract negotiations prior to the 2019 election, and shockingly within days of the overwhelming election defeat of Wayne Ashley, David Price and Jennifer Stevenson, IAFF Local 1799 and the City agreed to a contract that contained terms far and away greater than the city could afford based on a verifiable report issued by the New York State Financial Restructuring Board just a few months prior,” Jellie said in a statement to local media outlets.  

 He also criticized Union President Jason Bouchard and retired firefighter Ron Bouchard for their roles in the issues surrounding the lawsuit.

“Sadly, President Jason Bouchard and former Secretary Ronald Bouchard’s lack of concern for staffing and desire to maintain their perks over their personnel resulted in one firefighter that was laid off never returning to duty as did all the others that were laid off. Now, IAFF Local 1799 will stop at nothing, to include invoking an Albany based court to overrule the decisions of locally elected officials in the hope of maintaining the personal level of pay and benefit entitlements they obtained that outpace all other city employees, some by as much as 37%.”