City/firefighter talks headed to arbitration

Having reached an impasse in negotiations in the spring, the city and Warwick Firefighters IAFF Local 2748 are headed to interest arbitration next month, City Solicitor Peter Ruggiero said yesterday.

Ruggiero held out little hope for a quick settlement, noting that even with an arbitrator’s ruling either party could appeal the decision to Superior Court after a year.

Unlike many arbitration cases where the parties start with a list of agreed issues, Ruggiero said, “in this case we have agreed on nothing.”

Ruggiero categorized disagreements as relating to staff and equipment. Offering a little more detail, he said overtime, pay for unused sick leave and shift substitutions are some of the issues. He thought agreement could be reached on some of these matters, adding that the ongoing dispute over the tier-2 pension system that went into effect in 2015 changing benefits for new members of the force is a major stumbling block.

The union contested the change in the pension, designed to reduce the unfunded liability of the system, although it was approved by former Mayor Scott Avedisian, the City Council and the police and municipal employees unions.

Initially the city argued firefighters were legally bound to the contract implementing tier-2 pensions and was prepared to defend its position in Superior Court. Ruggiero explained, however, the court questioned if differences could be settled in arbitration. Those sessions were held during the summer and the parties have presented their final arguments to the arbitrator.

Ruggiero believes the city has a strong argument that the pension dispute should be litigated. He noted that neither following the mayor’s approval of tier-2, or that of the council, did the union grieve the matter within 30 days as required by contract. Further, he pointed out, that the more than 60 firefighters who joined the force since implementation of tier-2 have made contributions to the plan.

At this point, Ruggiero said, firefighters are without a contract.

In similar situations some municipalities have sought to change the workweek of the department and make other alterations.

Ruggiero is unaware of any major changes in department operations given the fact that personnel are working without a contract.

“It’s a hold over in most regards,” he said.

Union president Michael Carreiro is hopeful with an arbitration ruling on the pension that talks on a contract could resume.

“A ruling could facilitate a contract,” he said.

“This has been an ongoing problem with the prior administration,” he said of tier 2 pension plan. Yet, he added speaking of the current administration, “we’re both willing to continue negotiations.” He said he thought Mayor Joseph Solomon, “is willing to move forward.”

The budget approved by the mayor and city council does not provide funding for an increase in firefighter salaries. Should a contract agreement be reached, the mayor and council would need to allocate the funds for a contract.

Acting chief Marcel Fontenault could not be reached for comment.