Judge Rules in Favor of Firefighters
A judge denied the city's request to halt an arbitration agreement that awards millions in back pay to firefighters.
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On Friday, Middlesex Superior Court Judge Thomas Murtagh denied a motion made by the city of Somerville that sought to halt an arbitration agreement that awards millions of dollars in back pay to Somerville's firefighters.
The state's Joint Labor-Management Committee, which oversees contract negations between municipalities and local police and firefighters (who can't go on strike because they're public safety workers), made the arbitration ruling in December. It awards at least $4.3 million in pay to Somerville's firefighters.
The city has argued the financial impact could be even greater than $4.3 million, something Local 76, the city's firefighters union, disputes.
In its motion before the court, the city argued the Joint Labor-Management Committee didn't have jurisdiction to make the award and didn't fully consider the city's fiscal situation.
In denying the motion, Murtagh said the city should have raised jurisdiction concerns back in June, 2010, when the arbitration process began. He also said that "multiple individuals testified on behalf of Somerville regarding the City's financial condition."
The city also complained the mayor is required to "express support for an appropriation of tax dollars to fund the [Arbitration Award] even if he does not actually support the award." It argued such a requirement is an unconstitutional infringement on the mayor's free speech.
Murtagh said municipal officers derive their powers from the state and therefore cannot challenge the constitutionality of a state statute. "The Mayor cannot lobby against the funding of the award and cannot orchestrate or encourage department heads or others to lobby against such funding," the judge wrote in his decision.
The matter stems back to 2007, when the firefighters' previous contract ended. The city and Local 76 spent nearly three years trying to hammer out a new agreement, to no avail. In 2010, the Joint Labor-Management Committee took up the matter, and last month it issued a decision awarding back pay to firefighters from 2007 onward.
The Boston Globe has reported the award could cause Somerville to make 31 layoffs, though Somerville Patch counts 30 proposed layoffs.
Stephen J. Cronin
6:15 pm on Wednesday, January 18, 2012
Congrats to the Firefighters for prevailing throught the legal process. Is the City taking the position that the Firefighters' are the reason they have not had a contract since 2007? If the City has to make cuts to fund the award let me have the red pen and budget document and I will have it done in about ten minutes.
Ron Newman
1:07 am on Thursday, January 19, 2012
The Board of Aldermen should reject this award until all of the Green Line stations are open and there is sufficient development to fund it. Don't close our West Branch Library!
Jake
9:12 am on Thursday, January 19, 2012
Ron,
Why is it that the firefighters should wait 10 years until the Green Line stations are opened to get this award funded? They've gone over 4 1/2 years without a contract. The Mayor offered the firefighters an absolutely ridiculous contract: 3 years (even though they were 4 years without a contract) at 0%, 1% and 1% as well as giving money back in a furlough. Firefighters and police officers are not allowed to strike because of their job, but they are able to go to arbitration via the JLMC. Both sides presented their cases over the course of a few days. Somerville Firefighters Local 76 had evidence that the City has in excess of $30 million dollars in "free cash" in multiple accounts that the Mayor was trying to hide. The City was asked if that money can be used to fund the firefighters' award. After stalling to give an answer, the City confessed that the $30+million in free cash CAN BE USED TO FUND THE AWARD. Mayor Curtatone lost the arbitration case and he didn't want to pay. Then he tried to block it by taking the Firefighters Union to court. And the Superior Court Judge ruled against Mayor Curatone. The Mayor tried to pit the Unions of this City against each other when he had the DPW Commish tell the DPW workers that they need to call the Aldermen and have them vote against the Firefighters' award or dozens of DPW workers would be laid-off. The Mayor threatens with lay-offs and closing the library when in fact, there is enough money in the City accounts.
Jake
9:27 am on Thursday, January 19, 2012
To avoid these lay-offs and closings, Local 76 President Jay Colbert offered to defer $1.9 million of the award until the next fiscal year. The City can not cry poor-mouth when they have the highest bond rating (AA-) in the history of the City. They don't just throw a rating at you, you have to be in a significant financial situation to get that rating. Assembly Square Row is underway with permit fees being paid to the City which will be followed by significant tax payments as well. The police, teachers and custodians have all received pay increases recently. Why aren't the firefighters allowed to get theirs? If the Mayor did the right thing and got a contract done with them in a timely manner, there wouldn't be this big mess. Instead, he creates unneccessary spending of the City's money by allowing it to get to arbitration. The City has the money, they just don't want the citizens and workers to know that. Like Local 76 President Jay Colbert said, there is enough money to fund the firefighters' award, money to give the Aldermen a raise if they want one, money to give to the DPW workers a raise (VERY LONG OVERDUE FOR THOSE GUYS) and all of the other city workers. Unfortunately, the media in this City doesn't have all of the facts and they are only putting out what the Mayor tells them.