The Associated Press

GARY, Ind. — A judge has ruled that the city of Gary does not need to have a minimum of four firefighters working on each fire truck, as the firefighters union contends.

Lake Superior Court Judge John R. Pear ruled Monday that the collective bargaining agreement between the city and firefighters union expired four years ago, voiding a minimum staffing requirement. The union had contended the agreement was still in force.

Merrillville lawyer Donald Livens, who represents Gary Mayor Rudy Clay, said the order allows the city to staff at least 12 fire stations without paying the overtime the city can no longer afford.

He said the four-man minimum had forced the departments to close some stations.

Livens said the minimum staffing level will now be three.

Union President Raynard Robinson said the reduced numbers pose a hazard. "When you have less people, you make it unsafe for the firefighters and the citizens," he said.

Clay had ordered staffing on fire engines cut back to three firefighters to save money because the city is facing a $13 million shortfall.

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Robinson said the union has not decided whether to appeal Pera's ruling.

Levinson said it is unclear whether Pera's ruling will affect a related lawsuit the union filed against the city in another Lake County court claiming a 20 percent pay cut that Clay demands of firefighters also jeopardizes public safety.

Levinson said the ruling won't affect a parallel lawsuit by Gary police officers who are fighting a 20 percent pay cut.

That case is pending in a courtroom in Gary.