NY Union President Disciplined For Refusing to Participate in Training He Deemed Too Dangerous

The president of IAFF Local 86, Troy Uniformed Firefighters Association, is challenging a 15-day suspension without pay for refusing to participate in a training exercise he considered to be dangerous. Eric Wisher was cited for insubordination because he refused to participate in a mask confidence training exercise that was being conducted by the New York State Office of Fire Prevention and Control.

The OFPC’s training academy has come under scrutiny following the death of a firefighter, Peyton Morse, in 2021 who was undergoing mask confidence training at the state’s training facility in Montour Falls. Here is more on that case. 

·      NY Grand Jury Declines to Issue indictments in LODD Training Death

·      Parents Sue NY State Over Training Academy Death

·      Second Suit Filed Over Trainee Death at NY State Fire Academy

According to the Times Union, Wisher is challenging the suspension pursuant to the newly enacted Firefighters Bill of Rights statute. The Times Union quoted a statement from Wisher as saying:

  • “The competency of OFPC is a significant issue. I am very aware of the risk of being a firefighter — however, no training exercise should result in loss of life or severe injury. It’s not clear to me whether the city of Troy or the state of New York take that same position.”

According to the Times Union, Local 86 has filed a complaint (presumably an unfair labor practice) with the state’s Public Employment Relations Board “based on the training being implemented without negotiating with the union and because the discipline was in retaliation for his union activities.”

The Troy Area Labor Council issued a statement in support of President Wisher stating:

  • “The Troy Area Labor Council stands in solidarity with Troy Firefighter and Uniformed Firefighters Association Local 86 President Eric Wisher and any city worker who demands to be treated with dignity and respect on the job. Troy firefighters already work in extremely adverse and risky circumstances and answer the call 24 hours a day, seven days a week. No worker should be unnecessarily and unreasonably compelled to complete any assignment that risks their health and safety.”

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 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. 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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