Thursday, February 9, 2012
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By Bill O'Boyle boboyle@timesleader.com
Times Leader Staff Writer
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SCRANTON – An arbitration panel has awarded the city firefighters union a seven-year contract that calls for a 3 percent pay hike every six months through 2014. The pact provides an 8 percent pay increase retroactive to Jan. 1 of this year.
Mayor Chris Doherty said the decision will be overturned because of the city’s distressed status under Act 47 and said the city will appeal the decision to the Lackawanna County Court of Common Pleas.
Attorney Thomas W. Jennings, counsel for the 150-member Firefighters Local 60, said the mayor is wrong and said it is regrettable the litigation is continuing.
“It’s nice to see Mayor Doherty is now practicing law,” Jennings said. “With all due respect to his perspective, I obviously have a vastly different opinion than him, as did the arbitration panel.”
The arbitration panel was made up of Jennings, representing the union; attorney Kenneth M. Jarin, representing the city; and attorney Ralph H. Colflesh Jr., as the third and impartial member.
In the award document, Colflesh said the panel “has carefully considered that the city is subject to the provisions of the Municipalities Financial Recovery Act (Act 47).” Scranton has been covered by Act 47 since 1992.
Colflesh found the arbitration award doesn’t violate, expand or diminish the terms of the city’s recovery plan under Act 47. He said during the time that the city has been classified as distressed, the firefighters’ wages and benefits have fallen significantly below those paid to firefighters in comparable cities throughout the state.
Colflesh found the members of Local 60 have not received a wage increase since January 2002 and that one-third of the bargaining unit has never had a wage increase. The arbitrator found that prior to Scranton being declared “distressed,” the firefighters received wages that were 7 percent above the average of those in comparable cities.
Because of the distressed status, the firefighters’ salaries are now 78 percent of the average for comparable departments in other areas. During the same time, the arbitrator found that there was a 25 percent decrease in manpower in the department and the responsibilities of the department have increased.
The panel found Scranton has made considerable economic progress over the past few years and has finished in the black for several years in a row.
The panel concluded the city has given significant wage increases to managerial employees, and new, highly paid positions were created during the recovery cycle.
Doherty said the arbitrator’s decision will have no financial impact on the city’s budget.
“This doesn’t mean anything to us,” Doherty said. “Under the distressed city status, Act 47 trumps this decision. The city is not bound by the arbitrator’s decision.”
Jennings said more than $1 million has been spent to argue the case.
“More importantly, I find it regrettable that this litigation is continuing,” Jennings said. “If the city had only spent that money on cost-of-living increases, we wouldn’t be in court at all.”
Jennings said a settlement had been reached just over a week ago, but at the last minute, the city withdrew its approval.
“I guess (Mayor Doherty) is willing to fight us right down to the last taxpayers’ dollar,” Jennings said.
Dave Gervasi, vice president of Local 60, said the courts will have to decide the case.
“Our reaction is we’re happy we are getting something for a change, but we’re not jumping for joy,” Gervasi said.
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