NEW HAVEN — A federal judge has thrown out a lawsuit filed by the firefighters union, ejecting Local 825 from an ongoing fight over two contested Fire Department promotional exams.
In the decision, U.S. District Judge Mark R. Kravitz concluded that the union appeared to have a "substantial conflict of interest" in the case and, as a result, didn’t have the legal standing to pursue a lawsuit.
The judge granted the city’s request to dismiss the federal action.
"It is an important decision, and it allows us to focus our energies on defending the remaining case," Corporation Counsel Thomas W. Ude said Friday. He said the ruling "largely speaks for itself."
In a seven-page decision, Kravitz ruled that to have legal standing, New Haven Firefighters Local 825 needed to demonstrate that there were no conflicting interests or "diversity of views" about the tests among its membership that would prevent the union from effectively representing all of its members.
"(I)t is clear from the face of the union’s complaint that there is a deep and divisive conflict between the interests of its members," the judge wrote.
The fire union had asked the court to compel the city to certify two civil service exams that the city administration had opposed because too few minorities stood to be promoted. After a series of contentious public meetings, the two promotional lists weren’t certified.
In 2004, after a union hand vote approved the lawsuit, some minority firefighters assailed the executive board for using union dues to support a lawsuit that they opposed. Wayne Ricks, president of the Firebirds, a fraternal organization for minority firefighters, said Kravitz’s ruling validated their position.
"We’re against the union using our money to fight us, and it’s not right," said Ricks. "I’m sure a lot of members, and not just members of the Firebird Society, are curious about how much moneys were spent."
The decision doesn’t mean that the city is out of the woods over the exams, which caused an ugly conflagration in racial tensions at the department and two lawsuits.
In dismissing the suit, Kravitz did not rule on the merits of the union’s case, but merely that it wasn’t their fight.
A lawsuit by 20 individual firefighters, who believe they would have been promoted if the lists were certified, is pending. They are seeking promotion and damages.
The legal actions stem from two 2003 promotional tests for fire lieutenant and captain. When the scores were tabulated, two Hispanics and no African Americans would have been eligible for immediate promotion to 15 spots and the city administration voiced concerns that the result would cause a disparate impact against minorities.
Detractors decried the system as unfair and called for the tests to be thrown out.
Test supporters argued that the racial breakdown was nearly identical to previous promotional lists, but this time there were fewer promotional slots.
Since lists are good for two years, additional minorities would be promoted before the lists expired, they argued.
Firefighter Patrick Egan, the union president, said Friday that three blacks would now be lieutenants and two Hispanics would now be captains if the lists were certified.
"Our attorneys are reviewing the decision," said Egan. "What’s unfortunate is that you have members who are African- American, white and Hispanic who worked very hard for these positions and were denied being promoted to them."
İNew Haven Register 2006