Elgin firefighters file motion about arbitrator’s decision

Excerpts from the 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. The ruling in question allowed the city of Elgin to maintain reduced minimum shift staffing—down from 36 to 34 workers—which was implemented in January 2012.

The motion highlights that in December 2011, the city had asked the union to continue under the previous staffing agreement that had been in place since February 2010. However, the union refused to agree to those terms.

In October 2013, the union submitted a grievance, which was escalated to arbitration in December 2013. Arbitrator Edwin Benn conducted three hearings in 2014 and ultimately ruled in favor of the city earlier this year.

The motion alleges that Benn showed bias or misconduct by failing to make credibility determinations, by initially calling the language of the Variance Agreement ambiguous during the hearing, but later concluding it was unambiguous in his final award. It also claims that Benn made a premature ruling before all evidence was presented, stating that the city had no intention of maintaining minimum staffing after the Variance Agreement expired. Additionally, the motion argues that Benn ignored key evidence and misinterpreted the agreement’s language.

Furthermore, the motion asserts that Benn overstepped his authority by altering the terms of both the original agreement and the Variance Agreement. Specifically, he concluded that the city had the right to unilaterally change staffing levels, which the union views as a violation of their collective bargaining rights.

The union is now arguing that the arbitrator’s decision was not based on the contract itself, but rather that it arbitrarily modified the agreement. They claim the ruling contradicts public policy and was arbitrary and capricious.

Since January 2014, Elgin firefighters have been working without a formal contract. Union President, Fire Captain Vince Rychtanek, stated that the issue of the contract will likely be back before an arbitrator this fall, and staffing levels are expected to once again become a major point of contention.

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