By ANTHONY S. TWYMAN
Philadelphia Inquirer
In a victory for the city firefighters’ union, a judge has reinstated an injunction that blocks the Street administration from closing four fire engine and four ladder companies to save $6.8 million annually.
Common Pleas Court Judge Matthew D. Carrafiello’s order temporarily prohibits city officials from reorganizing the Fire Department until they reenter arbitration talks with the firefighters.
City Solicitor Romulo Diaz Jr. said the city was disappointed with the judge’s order and was considering an appeal.
“The issue here, from the city’s perspective, ultimately, is that a management decision was taken,” Diaz said. “Ultimately, the city is going to be responsible for the residents of this city, with all due respect, not the judge.”
Brian McBride, president of Local 22 of the International Association of Firefighters, said he was pleased and hoped that a study could be performed to determine whether the cuts would jeopardize the safety of the firefighters and the public. “We’re delighted that the judge recognized the impact of health and safety on the citizens, the community, and the firefighters of Philadelphia,” McBride said.
Carrafiello’s order is the latest development in a long-running battle between the city and the union.
The city sought to close the eight fire companies by July 2004. No firefighters were to be laid off, and no firehouses were to be closed. Instead, individual companies within the firehouses were to be closed or reorganized.
The city also planned to create eight new emergency medical service units that would operate 12 hours a day to respond to a sharp rise in calls from residents for emergency help.
But the union challenged that decision in court, saying the city had failed to negotiate with the union before seeking the cuts. It also said the cuts would endanger residents and firefighters - an assertion that city officials have repeatedly said is untrue.
In April, a city arbitrator ruled that the Street administration could go forward with the cuts and enter arbitration talks later. All that stood in the city’s way was Carrafiello’s original July 2004 injunction, which blocked the city from making the cuts until the state resolved an unfair-labor-practice complaint filed by the firefighters union.
“We thought the arbitrator’s award was totally appropriate,” Diaz said yesterday.
When the state Labor Relations Board deferred to the arbitrator, the city was set to go until Carrafiello again interceded with the order issued Wednesday. He took offense at the April decision by Kinard Lang, the arbitrator, which concluded that the city did not have to bargain with the firefighters before implementing the reorganization plan.
“As this court’s order was binding, and yet ignored at arbitration, the award must be vacated and the issues must be re-litigated pursuant to the court’s original direction,” Carrafiello wrote.
The judge also stated that an outstanding grievance the union had filed against the city on a related matter should be sent back to the arbitrator to be heard.
“It is certainly regretful that this matter is taking so long to be concluded, however, the welfare and safety of our firefighters, and citizens, deserves no less,” Carrafiello wrote.