By Mark Gokavi
The Dayton Daily News
XENIA, Ohio — The city of Xenia will pay nine firefighters more than $100,000 after losing a Greene County Common Pleas Court appeal of an arbitrator’s decision about a grievance.
The city said Monday that the $82,516 plus $24,304 in employment taxes and pension contributions totaled $106,820 was for “1,677 hours of overtime pay for work they were not offered and did not work.”
Judge Michael A. Buckwalter signed off on Magistrate George B. Reynolds’ ruling in which arbitrator Cynthia Stanley stated the city violated the collective bargaining agreement with the International Association of Firefighters Local 698.
The city filed a 180-page civil lawsuit on Feb. 25, asking the court to overturn the ruling that awarded the money to nine Xenia firefighter lieutenants and captains.
The city used a “plus rate” system in which rank-and-file firefighters were temporarily assigned commander shifts instead of calling in officers. A section of the contract stated: “There is a 2-officer minimum. In the event that there are 2 officers off, one officer will be called in on overtime.”
Between June and December 2010, the city was operating only one fire station after a failed 0.5 percent income tax increase measure in May 2010. That’s when the city laid off six firefighters and attempted to change minimum staffing numbers.
“We believe not having two qualified officers on duty is not only a violation of the contract, but is also a safety issue,” Local 698 President Leonard Baurle said when the city filed suit.
The city said the union’s position was that off-duty officers were entitled to be called in and paid at an overtime rate up to $56.84 per hour.
Stanley, an Indianapolis attorney, presided over a Dec. 10 hearing. On Jan. 27, she issued a decision in favor of the union.
Buckwalter filed his final appealable order on June 27, and the city checked with the state to see if it needed to pay employment taxes and pension contributions.
“The city’s in difficult financial straits and that’s why we made the decisions that we made, so obviously it will strain our already limited resources,” said Jim Percival, the city manager. “I still think that the arbitrator’s decision was incorrect. ... We’re going to pay it and move forward.”
Copyright 2011 Dayton Newspapers, Inc.