By Rebekah Gordon
Inside Bay Area (California)
Copyright 2006 MediaNews Group, Inc. and ANG Newspapers
All Rights Reserved
The state Supreme Court Wednesday denied the South County Fire Authority’s last-ditch effort to stop a judgment in favor of the firefighters’ union and a captain fired five years ago, a move that will force the authority to dole out a potentially costly termination settlement.
Ed Hawkins, president of San Mateo County Fire Fighters Local 2400, said he was “absolutely” pleased with the Supreme Court’s decision.
“It’s one of those cases that should have been settled a long time ago,” Hawkins said.
The case stems from a 2000 incident when a captain allegedly exposed himself to a subordinate at a firehouse in San Carlos (the authority provides fire service to both Belmont and San Carlos). The firefighter filed a grievance, and the authority’s attorney determined that the captain had violated the department’s sexual harassment policy. The captain was fired.
A subsequent disagreement between the firefighters’ union and the authority arose over memorandum of understanding language regarding procedures for termination and arbitration, and whether an arbitrator has the final right to decide a termination case.
The case then wound through the courts after the authority refused to accept an arbitrator’s 2002 ruling to reinstate the fired captain and issue backpay. In 2003, a San Mateo County Superior Court judge sided with the authority, but that decision was reversed by the state Court of Appeal in April, which let the arbitrator’s decision stand.
The case will be remanded back to county Superior Court, where terms of the settlement, which could include reinstating the fired captain and paying out years’ worth of lost pay and benefits, will be determined. A court date has not been set.
Matt Grocott, chair of the authority’s Board of Commissioners, did not return a call Wednesday seeking comment.
“We’re not out for blood,” Hawkins said. “We were just trying to fix this thing. But the fire department just wanted to fight about it.”