Excerpts from ChicagoTribune.com:
Elgin Firefighters Local 439 has taken legal action by filing a motion with the Circuit Court of Cook County Chancery Division, seeking to have an arbitrator’s March decision set aside. The ruling in question allowed the city to maintain reduced minimum shift staffing—down from 36 to 34 workers—which was implemented in January 2012.
The motion highlights that in December 2011, the city had asked the union to continue operating under a previous agreement that permitted lower staffing levels, which had first been introduced in February 2010. However, the union rejected this request, stating it had no interest in continuing with the reduced numbers.
A grievance was filed by the union in October 2013, and it was escalated to arbitration in December 2013. Arbitrator Edwin Benn conducted three hearings in 2014 and ultimately ruled in favor of the city earlier this year.
The motion argues that Arbitrator Benn showed bias or misconduct, particularly by failing to make clear credibility determinations, by initially calling the language of the Variance Agreement ambiguous during the hearing but later declaring it unambiguous in his final decision, by making premature rulings about the city's intent before all evidence was presented, and by not thoroughly reviewing all the evidence before reaching his conclusion.
It also claims that Benn overstepped his authority by altering the terms of the original agreement and the Variance Agreement, effectively granting the city the unilateral power to adjust minimum manning levels without union input.
Local 439 strongly disputes the ruling, arguing that it violates public policy, is arbitrary, and fails to properly reflect the original contract language. They claim the arbitrator’s decision “did not draw its essence from the contract†because it essentially rewrote key parts of the agreement.
Since January 2014, Elgin firefighters have been working without a formal contract. Union President and Fire Captain Vince Rychtanek stated that the issue of the labor contract will likely be brought before an arbitrator this fall, with staffing levels once again becoming a major point of contention.
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