The firefighters' union brought a grievance against Chief Louis LaVecchia last month claiming he violated Local 944's contract by demanding that alleged sick-day abusers produce medical documents for every lost workday.

Because the union's bargaining agreement states that all firefighters must be absent for three consecutive days before needing a doctor's note, LaVecchia had no grounds to impose tougher restrictions on a select group of members, Local 944 said.

The Board of Fire Commissioners voted 5-1 Tuesday in the union's favor, one of the few times in recent memory the board has upheld a grievance. On most occasions, the board approves LaVecchia's recommendation to deny a grievance.

Board of Fire Commissioners Chairman Philip Ucci said the majority of commissioners believes the contract terms prohibit the chief from placing tougher sick-time provisions on specific union members. "The way the wording was in the contract, it was tough," Ucci said. "You can't favor one side against the other." Milford firefighters have an unlimited number of sick days. Commissioners Richard Smith, John Griffin, Karen Craig and Carmen Corvino joined Ucci in the vote upholding the complaint. Commissioner Thomas Riso Jr. voted to deny the grievance; Commissioner John Healy Jr. was not present. LaVecchia could not be reached for comment Thursday. Richard Dzialo, the firefighter represented by the union in the grievance, declined to comment on the issue but made clear he is happy with the decision.

"It is rare," he said of the board's action.

Minutes from the January board meeting show LaVecchia uses the tougher rules on union members who are out sick twice as often as the average firefighter.

He said a small number of firefighters call in sick excessively.

Greg Shulas, who covers Milford, can be reached at 878-2130.