Firefighters union takes city to court

By Christopher Caskey / The Citizen

Wednesday, March 26, 2008 12:08 PM EDT

The local firefighters union will attempt today to keep the city from using two new recruits as active duty firefighters over the next two months.
Auburn Professional Fire Fighters Local 1446 is asking a Cayuga County judge to issue an injunction preventing the city from using the new hires to count toward the department's 15-person minimum requirement. But city officials said Tuesday the recruits have enough training, and the city will save thousands of dollars in overtime if they work.

According to court documents filed Monday, the department recently hired two new firefighters, Brandon Harvard and Dan Guzalak. They started training March 3 at the state fire academy in Montour Falls, and the training is scheduled to last through June 2.

Harvard and Guzalak are scheduled to work Wednesday through Friday, April 28 through May 1 and May 27-29 as part of the 15-person staffing minimum, according to court documents. Union representatives claim the scheduling is “in blatant violation” of the firefighters' collective bargaining agreement with the city.

The agreement prohibits the city from requiring employees to work outside of their civil service classification and calls for the city to take past practice at the department into consideration before changing policies, according to a petition filed by the union.

In a sworn affidavit, union president Steve Parker states that having a recruit without “live fire” training work as a line firefighter is “tantamount” to having them work beyond their classification. It also poses as a safety issue for other department employees and the public, he stated.

“There is simply no way that trainees Harvard and Guzalak qualify as full-fledged firefighters,” Parker stated in the affidavit.

Union representatives filed a grievance with the city March 20. The arbitration process could take months, and an injunction would immediately keep the city from using the recruits as part of the 15-person staff.

According to Auburn Fire Chief Mike Hammon, the state academy's training program has recruits work alternating weeks at the academy and at the station.

Presently, the two men each have roughly 220 hours of training. The state Office of Fire Prevention and Control allows recruits up to 18 months to complete training at the academy, he said.

Furthermore, Hammon said, the two men will fill vacancies that would otherwise force the city to pay overtime. Using them “on the line” during those three weeks will negate approximately $10,000 in overtime, he estimated.

It is also common for fire departments to use probationary employees as line firefighters, Hammon added. He did so when working as a training officer in Auburn, as have his predecessors, Hammon said.

“As far as civil service is concerned, they are probationary firefighters from day one,” Hammon said.

The Citizens' Say

There are 16 comment(s)

fish wrote on Mar 27, 2008 12:44 PM:

" stevedallas ... this really isn't about Palesh ... its about how to improve a problem for the betterment of the community. "

stevedallas wrote on Mar 27, 2008 11:24 AM:

" He only works 4 days a week now! He hired people to do his jobs, so now he has nothing to do, no meeting no nothing! Palesh is smart! "

fish wrote on Mar 27, 2008 11:23 AM:

" They're "holding all the cards" they don't have to chime in. "

karl L wrote on Mar 27, 2008 11:11 AM:

" Interesting no firefighters have chimed in here to explain themselves??? "

fish wrote on Mar 27, 2008 9:40 AM:

" Anonymous: the firefighters are not overpaid, they are being allowed to abuse the OT system and the union is fighting to keep the abuse going as long as possible. The firefighters are living financial lives beyond their regular salaries, on the backs of local taxpayers, and want to keep it that way. When a system is abused to this financial extent it is bound to fail at some point. How will the firefighters union feel if the city were to collapse into bankruptcy? The fire dept is currently a black hole unfairly sucking up community money. I don't believe Palesh is collecting additional monies for hours he works beyond his normal work week. "

forrest wrote on Mar 27, 2008 7:28 AM:

" There a lot of little thing the recruit can do at a fire,with out getting in the way or being at the front of the fire. How do you think the old timers learned how to fight a fire? ON THE JOB TRAINING. An extra pair of hands is better than nothing. "

anonymous wrote on Mar 27, 2008 12:33 AM:

" How about hiring someone who is almost finished with the education necessary to be City manager to replace the crumbbum carpetbagger before he completely destroys our City. Even he knows that he has this City heading in the wrong direction, and that is why he has yet to buy a home here. "

anonymous wrote on Mar 27, 2008 12:28 AM:

" Ask yourself this question: Who is more overpaid, an Auburn Firefighter that is going to run into my burning house and drag me to safety, or a City Manager who hired himself a Human Resources Director to handle the personnel duties of HIS JOB who still managed to miss a CONTRACTUAL DEADLINE in regards to renegotiating. I do not think for a minute that Mr. Palesh would be agreeing to renegotiate with the Union if they missed a deadline and he was happy with the terms of the current deal. "

fish wrote on Mar 26, 2008 9:38 PM:

" The 15th guy is extra anyway. "

fish wrote on Mar 26, 2008 9:30 PM:

" WORD "

Nutrijwu wrote on Mar 26, 2008 6:58 PM:

" What gets me is the blatant greed coming out of the Auburn Fire Department. Auburn Taxpayers should be soiling themselves at the moments knowing that they are being bilked out of that much overtime expense. And you're 100% correct. You've got 2 new recruits, however there is no reason why they cannot operate equipment or be runners until their training is in full gear.

Auburn Fire Department needs to get a grip. "

karl L wrote on Mar 26, 2008 5:06 PM:

" Something smells at the AFD....BAD!
Who the hell says that you would have to use these two newbs in front-line fire fighting? What--they couldn't operate the truck or pumps, or other things outside of the actual burn?
So what do you have without them?--A fire scene with two less guys, that's it. YOu mean to tell me there's absolutely NOTHING that they could do without needing to actually fight the fire? IN ORDER TO SAVE THE CITY $10,000?!?!
Seems like having two "extra' guys at a scene working away from the fire is JUST THE SAME OR BETTER than not having them there at all!
Firefighters working extra overtime are potentially less alert and less alert means poorer judgment!
It's barely a semi-plausible argument to make about them not being prepared enough, but in order to save the city money WHICH IT SORELY NEEDS, it would seem the already highly-paid union should LEARN TO COMPROMISE!!!!
GREED SUCKS!!!! "

Dave R Ithaca, NY wrote on Mar 26, 2008 2:52 PM:

" I am sure that Mayor Quill being a former firefighter knows better than to put an untrained fighter on the force. "

cm wrote on Mar 26, 2008 1:43 PM:

" good thing the city just hired full time lawyer huh? lol "

shadow wrote on Mar 26, 2008 1:42 PM:

" How can you expect a 3 week recruit to perform firefighter duties? There are countless firefighter deaths from improper training or not enough training. They haven't even seen fire yet.Do we want to pay millions in lawsuits or a few thousand in OT till they hire enough to fill the vacancies? "

stevedallas wrote on Mar 26, 2008 12:01 PM:

" Lead from the back, cause no one would follow !!! "

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