Grievances

Elimination of Truck #2, Part 2 - Change in Working Conditions Grievance Arbitration

December 21, 2006 - Arbitrator Hartsfield has returned a decision in this case that sides with City staff on the issue of closing/removing from service and the operation of Truck Co. #2 on days when staffing levels fall below that of numbers sufficient for the maintaining of 4-man Engine Company's in addition to the manning of Truck-2.

"In all the circumstances of this case, it cannot be said that the Union established that a pattern of conduct was raised to the level of a practice that is unequivocal, clearly enunciated, acted upon and readily ascertainable over a reasonable period of time and not in conflict with any written contractual provision within either the meaning of the prevailing rights provision of the CBA or the prevailing rights in O.S. 51-111. Accordingly, the Union did not establish a violation of the CBA."

While City Staffers can finally claim a victory over difficult battles concerning safety, manning, and compensation issues, there are no winners in this particular decision. Firefighters are asked to do more with less, provided with fewer pieces of equipment & manpower in which to do so, increased difficulty in providing multi-company - training activities, and not to be ignored, residents of Norman - and their level of protection - remain etched in compromise. (Read Full Decision...)

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September 12, 2006 - The Grievance Arbitration over the closing of Truck-2 has been heard. Mr. Hartsfield has requested that all briefs be finalized and submitted by October 27, 2006. He has asked 30-60 days in order to complete his decision and review all evidence submitted during today's hearing.

May 3, 2006 - Along with the Military Leave Grievance now entering another arbitration, the selection of an Arbitrator has been achieved. Mr. William E. Hartsfield of Dallas, TX has been chosen as the arbitrator for the hearing of Part-2 of this grievance. (Read Grievance...) (Read Request for Arbitration...) (Read Selection Letter...)

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Oklahoma State PERB Bolsters Opinion of Unfair Labor Practices Against the City of Norman
Question Leading to the Ilimination of Truck #2

February 16, 2006 - UPDATE on PERB case: The Oklahoma State Public Relations Board (PERB) met and deliberated on Case #424, "bypassing the bargaining group and soliciting ideas from individual members on how to reduce manning costs"...", "eliminating overtime...", ending in the closing of Truck-2. This casehas been heard and addressed as follows:

"Pursuant to 11 O.S. 2001, 51-104b, the Board finds that upon the preponderance of the testimony taken, the City has engaged in an unfair labor practice and a cease and desist order is warranted."

Cease and Desist Order - "The City of Norman, Oklahoma, is thereby ordered, pursuant to 11 O.S. 2001, 51-104b(C) and conssonant with the Findings of Fact and Conclusions of Law entered herein, to cease and desist from bargaining in bad faith by circumventing the International Association of Firefighters, Local 2067, the designated bargaining agent of the Norman Fire Department, in voilation of 11 O.S. 2001, 51-102(6a)(1) and 51-102(6a)(5)". (PERB Opinion)

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Elimination of Truck #2 - Change in Working Conditions & Circumventing the Bargaining Process

December 18, 2005 - UPDATE on PERB case: The Oklahoma State Public Relations Board (PERB) met and deliberated on Case #424, "bypassing the bargaining group and soliciting ideas from individual members on how to reduce manning costs"...", "eliminating overtime...", ending in the closing of Truck-2. This case will be put back on the agenda for the next PERB meeting on February 9, 2006. They plan on making a decision at that time.

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October 13, 2005 - The Oklahoma State Public Employee Relations Board (PERB) finally heard the case involving the CON and NFD Staffers involving IAFF Local 2067 represented members into discussions dealing with the shutting-down of Truck-2 when overtime would be needed and\or eliminated to man this apparatus.

The PERB is requiring 15 days in which to have all transcripts finalized. They also request both parties to turn over their final briefs to the Board in 30 days. From that point, the PERB has possibly another 30 to 45 days in which to return a ruling on the matter.

In June of 2004, City Manager Andy Anderson bypassed the bargaining team and solicited ideas from individual members [of the IAFF] on how to reduce manning costs. After receiving suggestions, Fire Chief Johnny Vaughn directed the crew chiefs to take the Truck Company out of service whenever there was a staffing shortage that would require the calling in of overtime personnel and move their personnel to fill positions previously filled by calling in off duty personnel to fill those vacancies. The City never bargained this matter with the IAFF. (See PERB Charge...)

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August 4, 2005 - While legal wrangling is in full swing with various issues, the PERB hearing is again set for this particular issue on October 13, 2005.

July 14, 2005 - The PERB hearing on the Direct Dealing case over the discussions concerning the closing of the Truck Co. by Department Administration was held at 9:30 a.m. today at the Department of Agriculture, 2800 N. Lincoln OKC.

The PERB board held that the CON's "motion for summary judgment" was denied. This means that the IAFF WILL have it's day in court with the PERB that will allow the Union to display it's facts and allow the PERB Board to make a judgment on is finding that the "discussions held by the CON and Fire Administration to union members outside the scope of official Union representation" is unlawful. We are awaiting a date for the actual hearing soon.

February 16, 2005 - In relation to the PERB Hearing scheduled for June 9, 2005. (There was some confusion as to this date; originally listed as April 14, 2005.) A time has not yet be established. The IAFF posts its Brief. (See IAFF Brief...)

February 16, 2005 - In relation to the PERB Hearing scheduled for June 9, 2005. (There was some confusion as to this date; originally listed as April 14, 2005.) A time has not yet be established. The City of Norman posts its Brief. (See CON Brief...)

January 11, 2005 - An "Unfair Labor Practice Charge" has been filed with the Public Employees Relations Board (PERB) yesterday to further address the above Grievance at the root of its cause. As mentioned in the actual Charge, in June of 2004, City Manager Andy Anderson bypassed the bargaining team and solicited ideas from individual members [of the IAFF] on how to reduce manning costs. After receiving suggestions, Fire Chief Johnny Vaughn directed the crew chiefs to take the Truck Company out of service whenever there was a staffing shortage that would require the calling in of overtime personnel and move their personnel to fill positions previously filled by calling in off duty personnel to fill those vacancies. The City never bargained this matter with the IAFF. (See PERB Charge...)

July 26, 2004 - Allowing the NFD to fall below minimum staffing levels and thereby shutting down Truck-2 and subsequently limiting the runtime and accessibility of Rescue-2, Engine-2, and/or Brush-2 as a result; Change in Working conditions. Grievance Filed! (See Grievance...)