Unfair labor filing considered by city
By Jeff Gallatin
Bay Village
Published May 14, 2008

City administration officials are strongly considering filing an unfair labor practices action against the Bay Village firefighters for seeking a potential ballot issue about department staffing.

“We’re waiting for some research pertaining to the issue to come back,” said Bay Village Law Director Gary Ebert. “We’ll make a final decision about it after we review additional information pertaining to the manning issue.”

While speaking at last Thursday’s Town Hall meeting, Ebert said the city was considering the move.

For the last several weeks, city firefighters and the group Bay Citizens for Safety have been circulating petitions to place on the November ballot an issue asking citizens whether the city should reduce the minimum staffing level for a shift for the department from six to five firefighters when a firefighter calls off duty. Volunteers have been at different locations around the city asking citizens to sign the petition as well as approaching residents at their homes.

Jim Walts, president of the Bay Village Firefighters Association, said he isn’t bothered by the potential action by the city.

“If the city wants to do that, that’s up to them,” Walts said. “We’re doing something perfectly legal by seeking to put the issue on the ballot.”

Mayor Debbie Sutherland, who issued an executive order in February reducing the minimum staffing level to five from six when a firefighter calls off, which prompted the dispute, questioned whether the ballot issue is legal.

“We’re not sure it is legal,” Sutherland said. “That’s why we’re doing the research and considering filing the unfair labor practices action.”

If the city decides to move ahead and file, it would go to the State Employment Relations Board, which could rule that putting the issue on the ballot is illegal. Sutherland said that however the research turns out, the issue should not be going to the ballot.

“This is a management decision and a part of running the city government as part of the normal administrative process,” Sutherland said. “We are attempting to curb the overtime expenses of the city, and this decision was made in that regard.”

Walts and the firefighters have contended the issue is a safety issue, a contention he reiterated.

“It is about safety both for the citizens and the firefighters who respond to a call,” Walts said. “We appreciate that the residents have responded to us and said they appreciate what we do.”

Sutherland said she is not questioning the firefighters’ skills, but is instead trying to rein in city costs.

“We all love what they do and how they take care of us,” she said. “There’s no question that our firefighters do their job very well. But we have to cut our costs. The overtime gravy train has to stop when people call off.”

Sutherland said the administration is still considering hiring a floater firefighter position to go to different shifts as the need arises. Since the department could face several retirements in the next few years, the floater could then move into a regular shift and another floater could be hired. The city approved collecting ambulance run fees from insurance companies for runs to the firm’s clients by city firefighters.

“We’re waiting to see how the collection of ambulance fees comes in and then if there’s sufficient funds to hire someone, it’s something we’re going to look at and could do,” Sutherland said. “This ballot issue was premature. They couldn’t or wouldn’t wait to see how the fees turn out.”

Walts said short or undermanned shifts and the resulting higher overtime costs happened because of injuries to firefighters.

“The primary cause of short shifts is due to on duty injury,” Walts said. “We had one man out over 16 months. Since he came back in January, another man has been injured. These vacancies are also caused by military leave, training and long-term illness. Short-term illness, aka ‘calling off,’ has been the least of the problem.”

Sutherland said the city wants the financial issues dealt with.

“That’s what it comes down to,” she said. “If filing this is the best way to help do it, then we will do that.”