Civil SuitLabor LawPoliticsStaffingYou Can't Make This Stuff Up

Public Safety Chess Game Continues in Lockport NY

The city of Lockport, New York filed suit against the Lockport Professional Fire Fighters Association yesterday in an attempt to block the union’s attempt to seek binding state arbitration to block the city’s attempt to reduce minimum shift staffing from nine to seven firefighters… sort of a block… counter block…

The city claims it will run out of money by August if staffing in the fire department is not reduced by two firefighters per shift (really????… two firefighters and the city is doomed…. DOOMED I SAY…). The city wants a court order blocking arbitration.

Oddly enough that very same issue is already a subject being litigated in a lawsuit filed by the union on May 2. State Supreme Court Justice Ralph A. Boniello III has yet to rule in that case.

From the city come the following comments:

  • “It’s the prerogative of the employer” … to reduce staffing
  • “There’s nothing in the contract that prevents it… the city is trying to balance safety with fiscal responsibility and every stop we’re met with something.”
  • “If this is addressed immediately, we may not [run a deficit].”
  • “The goal is to avoid running a deficit.”

From Union President Kevin W. Pratt

  • “I find it interesting that the citywide fiscal crisis is laid entirely at the feet of the firefighters’ union”
  • “Apparently, we’re the only department that can rescue them from their fiscal mess.”

More on the story.

No surprise, my database has six lawsuits between the parties since 2012…

North Kingstown, RI

Chambersburg, PA

Lockport, NY… same old story. Makes you wonder if the elected officials in these communities are all reading from the same playbook… And guess who get’s stuck with the cost of these legal battles when it’s over and done… NOT THE ELECTED OFFICIALS!!!! They will move on to their next adventure.

… and even then they will still probably be blaming the firefighters who BTW are just asking that their contracts and the law be honored.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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