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Fatal fire highlights mutual aid tensions in Pa.

Some city firefighters have harassed volunteer “two-hatters” have come into the city, the local mayor says

By Bernard Harris
The Intelligencer Journal/New Era

LANCASTER, Pa. — When fire raged in the first block of North Plum Street early Monday morning, four city firefighters were there in less than a minute.

The house was right behind the city’s fire Station 3. But after the first dozen on-duty city firefighters were at the scene, the next to arrive were firefighters from surrounding municipalities.

One woman died and two children were critically injured, but without the aid of firefighters from Lancaster Township, Lafayette and Millersville fire companies, the situation could have been worse, said city fire Chief Tim Gregg.

Without their help, the flames might have spread down the row of narrow homes, he said.

Which is why Lancaster Mayor Rick Gray was angry Tuesday at what he believes are efforts by some city firefighters to undermine mutual aid agreements between the city and surrounding municipalities.

Gray said some city firefighters have harassed volunteers who have come into the city.

That harassment prompted two Manheim Township volunteers to take “an indefinite leave of absence” and prompted the township to suspend its mutual aid agreement with the city two weeks ago, said township fire Chief Rick Kane.

“Our only recourse we had was to decide not to respond,” Kane said.

The matter has prompted Gray to prepare a lawsuit against the International Association of Fire Fighters Local 319, the union which represents city firefighters, and threaten to begin disciplinary investigations against the firefighters involved.

The undermining of mutual aid threatens the safety of city residents and city firefighters, Gray contended.

“We cannot tolerate - we will not tolerate - harassment of volunteers who come into the city to assist us,” the mayor said.

In addition to the harassment, which occurred within the past month, Gray said he has learned that union firefighters have approached suburban fire chiefs and elected leaders to raise complaints about volunteer firefighters in the city.

The threatened lawsuit contends the union is interfering with a contractual arrangement between the city and other municipalities.

Tim Erb, the union president-elect, said he was not aware of the alleged harassment nor of Manheim Township’s decision to suspend mutual aid.

“I wasn’t aware of any mutual aid agreement that we have with any volunteer fire companies,” Erb said.

Gray, an attorney, contended that even though the mutual aid agreement is not in writing, the verbal agreement could still be viewed as legally binding.

City Battalion Chief Ken Barton, the union president until the end of the month, also said he was unaware of any harassment. He is aware of the allegations, but said city firefighters have been unable to verify them.

Barton scoffed at Gray’s threats, contending the city is violating provisions of a 1997 arbitration ruling that prohibits the use of volunteers to fight city fires unless off-duty city firefighters have been called in first.

When called in, those firefighters are paid for a minimum of four hours and at time-and-a-half if they work more than four hours, said Gregg. Thirty-six off-duty firefighters were called in Monday, he said.

Barton said he believes the city is overusing the volunteers to supplement the paid fire bureau.

“We’re being cut more and more and more, and they want to rely on somebody else to come in and save our butt,” he said.

The union has filed a grievance alleging a labor violation, Barton said. It is the latest of 18 grievances the union has filed against the city this year, he said. In the previous four years, they filed only one or two, he said.

Kane said he believes the volunteers are caught in the middle of a labor dispute between the city administration and the union.

“It all comes at a bad time,” Kane said.

He noted the recent breakdown in talks between the city administration and the union over a schedule change, the loss of two city firefighter positions in Gray’s proposed budget for next year and the four firefighters laid off early this year.

The breakdown of both of the city’s ladder trucks - one was in an accident and the other in need of engine repair - brought the situation to a head. Volunteer ladder trucks have been called in from the suburbs frequently in the past two months as a result.

In a typical year, Manheim Township firefighters would be called into the city fewer than six times, Kane said. Last month, they were getting called in two or three times a day, he said.

Mutual aid also means city firefighters have responded to the township. Kane said the city would be called to the township 20 to 24 times in an average year.

The harassment was directed at “two-hatters,” volunteer firefighters who are off-duty from paid firefighting positions elsewhere, Kane said.

The international firefighters’ union prohibits “two-hatters,” although the practice is common.

Kane said the dispute is a union issue and does not involve the volunteer companies.

“In our eyes, when they are riding with us, they are a volunteer,” he said.

Kane said he did not fault the city union. He believes three or five individuals are causing problems.

He also is hopeful the issue can be resolved and the suspension lifted. He hopes to have a meeting this month to discuss the matter with the other suburban fire chiefs, Gregg, the city administration and union representatives.

Gray also was hopeful the agreement will be reinstated.

“We really appreciate what these volunteers do. We appreciate what our paid firefighters do. To have them work hand in hand toward the same goal is important,” the mayor said.

Copyright 2010 Lancaster Newspapers, Inc.