Elgin firefighters file motion about arbitrator’s decision

Excerpts from ChicagoTribune.com:

Elgin Firefighters Local 439 has filed a motion with the Circuit Court of Cook County Chancery Division, seeking to have an arbitrator's March decision dismissed. That ruling had allowed Elgin to maintain reduced minimum shift staffing—34 workers instead of 36—since January 2012.

The motion highlights that in December 2011, the city asked the union to continue with the reduced staffing level it had first implemented in February 2010. However, the union refused to agree to this arrangement.

In October 2013, the union submitted a grievance over the staffing changes, which was escalated to arbitration in December 2013. Arbitrator Edwin Benn held three hearings in 2014 and ultimately ruled in favor of the city in March of this year, as noted in the motion.

The motion accuses Benn of showing bias or misconduct by failing to make credibility determinations, ruling during the hearing that the Variance Agreement’s language was ambiguous, but later concluding it was unambiguous. It also claims he made premature decisions before all evidence was presented, stating that the city did not intend to set minimum staffing levels after the agreement expired. Additionally, the motion argues that Benn failed to fully consider all evidence before reaching his conclusion.

Furthermore, the motion alleges that Benn overstepped his authority by altering, modifying, and ignoring key parts of the original agreement. Specifically, he ruled that the city had the unilateral right to change staffing levels, which the union sees as a violation of the contract’s terms.

The union is calling the decision arbitrary and against public policy, arguing that the arbitrator’s ruling didn’t properly reflect the contract. Instead, it claims the award effectively changed the agreement by allowing the city to unilaterally adjust staffing without union consent.

Since January 2014, Elgin firefighters have been operating without a formal contract. Union President, Elgin Fire Captain Vince Rychtanek, said he expects the contract issue to be revisited by an arbitrator this fall, and that staffing levels will once again be a major point of contention.

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