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Firefighters' pay demand goes to court

October 1, 2006
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(Beaumont Enterprise, The (Texas) (KRT) Via Thomson Dialog NewsEdge) Oct. 1--BEAUMONT -- An $8.5 million debate could end in a tax increase or severe cutbacks in services to pay for higher salaries for Beaumont firefighters, said City Manager Kyle Hayes.



But the firefighters' union says the pay increase -- which would award them a nine percent raise each year for three years -- is necessary to bring their salaries up to that of firefighters in the private sector such as those who work for ExxonMobil, Equistar and Motiva.

The International Association of Firefighters Local Union No. 399 and the city have been in negotiations over the three-year contract five times since June 2005. Arbitrators awarded the union the full raise increase, but now the two sides will argue the validity of the arbitrator's decision in court Tuesday.

"The arbitrator made numerous mistakes in reaching his decision, and the firefighters' request for a 27 percent wage increase over a three-year period was more than unjustified," Hayes said, adding the arbitrator did not consider comparison figures of firefighter wages in the public sector -- such as those in Southeast Texas cities or cities of similar size.

Max Duplant, chief financial officer for the city, said she compared figures from Baytown, Port Arthur, Port Neches, Nederland, Groves and Orange.

"When I compared similar positions from the city of Beaumont to those cities, then the city of Beaumont is paying more for similar positions," she said, adding the case was the same for cities of similar size, with the exception of areas on the outskirts of Dallas.

"(The cities) were paying more, but their economic base is different from ours," she said.

Galen Key, president of the firefighters' union, said under local government code, it's legal to compare their salaries to those in the private sector and they are about 30 percent lower in pay than their counterparts at the refineries.

"The firefighters in the (private sector) area are making substantially more and we've lagged behind quite a few years," Key said after an evidence hearing at the courthouse on Friday. "This is an effort to almost catch us up to what we should be paid as firefighters."

The arbitration final opinion addresses the private versus public issue, saying that the arbitrator believes that though they do not perform precisely the same jobs, their jobs are similar.

"In my view, they are comparable to Beaumont Firefighters as any private sector employee can be," the report said. "To be clear, the private sector employees to whom Beaumont Firefighters have been compared here are not paid for working 24-hour shifts, a portion of which are spent by unit employees sleeping and attending to other personal needs. However, that is simply the nature of the beast."

The average firefighter earns about $54,000 a year and if the award is enacted, that salary would jump to more than $70,000 by the end of the three-year period, Hayes said.

"There's no doubt that we need them and I think they do a very good job," he said. "At the same time, they are already the highest paid firefighters in all of Southeast Texas and if we pay them 27 percent more, then we simply cannot afford that."

The 9 percent pay increase per year -- which is a considerable jump from the previous years' increases that ranged from 3 to 5 percent -- will take a significant toll on the city's financial situation, Hayes said. Only $400,000 is allotted for firefighter raises in the 2007 fiscal year budget.

"There would be severe financial problems," Hayes said. "There would have to be a tax increase or severe cutbacks."

The city, which recommended a 3 percent pay increase the first year and 2 percent the two following years, has not considered where the cuts would occur, but it could be in jobs, services or projects.

"That would be left to be determined," Hayes said. "That's why we appealed the arbitration decision."

The city also contends the wage increase is unfair to civilian employees and the police department -- which also engages in collective bargaining.

"We do try to treat all of our employees the same and we feel like an employee is an employee is an employee, no matter where they work," Hayes said.

But one area the firefighters will be equal to the civilian employees will be in health benefits, as ordered in arbitration.

Now, the uniformed sector pays considerably less in health-benefit costs than the civilians that work for the city. Firefighters might pay the same medical and dental premiums as civilians, but in return the city must compensate the firefighters with an initial 1.25 percent base wage rate to make up for the premiums.

The pay increase sought also will be retroactive to Oct. 1, 2005, per the arbitration decision. Half of the overtime pay for Hurricane Rita-related work will be deducted from the retroactive wages due firefighters as part of a compromise.

This is not the first time the city and firefighters have not agreed on pay increases.

Both the city and union point out they had to submit to arbitration three of four times in 12 years.

"We have had a very good relationship with the police union," Hayes said, adding that in 15 years, the sides have never gone to arbitration. "We have not had that same relationship with the fire union."

Key said the city has traditionally respected the decision of arbitrators. Like previous times, negotiations again went "nowhere," only this time the city did not accept the decision.

"The city has done something unprecedented by fighting the whole award," Key said.

But Hayes said in this case, the city had no other choice.

"No. 1, from a financial standpoint we can't afford it and No. 2, from a fairness standpoint, it's simply not right."

The case will be heard in Judge James Mehaffy's 58th District Court at 8 a.m. Tuesday.

javilla@beaumontenterprise.com

(409) 880-0731

Copyright (c) 2006, The Beaumont Enterprise, Texas
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