http://www.stamfordadvocate.com/news/local/scn-sa-springdale4oct02,0,1488031.story?coll=stam-news-local-headlines
By Natasha Lee
Staff Writer
October 2, 2006
STAMFORD -- In the ongoing power struggle between the city and the Springdale Fire Company over control of the volunteer organization, arbitrators recently ruled the city violated its alliance with the company when it transferred two firefighters from there four years ago.
In August, a team of arbitrators found the city breached its nine-year agreement when it reluctantly ordered the removal of two paid firefighters from Springdale Fire Company at the request of its Fire Chief Shawn Fahan, and later tried to rescind the transfers in mediations.
Though the arbitration faulted the city for negligence, it never offered a remedy or monetary award to the Springdale Fire Company. Fahan and his volunteer crew say that's not enough and are seeking to regain control of the department from the city.
Last month, the fire company filed to have the arbitrators' decision overturned and is asking to have the case reviewed again.
A court hearing is scheduled for Oct. 16 at state Superior Court in Stamford.
"The arbitrators just lightly brushed over the validity of the contract," said attorney Judith Mauzaka, who is representing the Springdale Fire Company. "It was not a satisfactory analysis to specific questions asked and to answers we didn't get."
Stamford Fire Chief Robert McGrath and city attorney Thomas Cassone declined to comment citing the pending litigation.
For years, volunteer firefighters have complained of feeling marginalized and overshadowed by the presence of paid firefighters from Stamford Fire & Rescue Department in their station.
In 1997, facing financial hardship and a decline in membership, the Springdale Fire Company, a private, nonprofit agency, signed a joint operating agreement with the city that called for 16 paid Stamford Fire & Rescue Department firefighters to help staff the firehouse, in addition to the volunteers. Under the agreement, the city would continue to fund the department, but the Springdale volunteer fire chief retained operational control of the firehouse and its employees.
Prior to the agreement, the firehouse was staffed by volunteers and eight paid firefighters not employed by the Stamford Fire & Rescue Department. At the signing of the agreement in November 1997, the Stamford Fire & Rescue Department transferred eight firefighters from its downtown firehouse to merge with eight at Springdale. All paid firefighters became members of Stamford Fire & Rescue, and joined the union, Stamford Firefighters Local 786.
Today, in addition to the 16 paid firefighters, the Springdale firehouse has about 30 volunteers, Fahan said.
The battle over authority came to a head in 2002, when Fahan attempted to transfer two Stamford Fire & Rescue firefighters following a disagreement between them and a volunteer firefighter involving the latter's delayed response to an emergency call and the use of the station's communications room for a personal phone call. The disagreement escalated and ended with Fahan calling for the two paid firefighters to be transferred for insubordination after they refused his orders.
At the time of the dispute, Stamford Fire Chief Robert McGrath said removing the paid firefighters would hamper public safety and response to emergency calls, while Fahan asserted his authority under the agreement that said he had the power to remove a firefighter from his station.
Though the city initially protested the transfer, it eventually conceded and ordered the transfers based on the 1997 agreement that Springdale may exercise the right to transfer any of the assigned Stamford Fire & Rescue employees "at any time and for any legally permissible reason."
The paid firefighters, John McCabe and Sean Elumba, were later transferred to Stamford's downtown fire station. At the time of their transfer, McCabe and Elumba were 32-year veterans. McCabe has since been promoted to Deputy Fire Chief and Elumba has retired.
The incident triggered protests from both sides that included Stamford Fire & Rescue firefighters refusing to participate in drills with Springdale and allegations of unfair labor practices and a hostile work environment. Lengthy grievances and mediations followed.
In 2003, the Springdale Fire Company and firefighters union filed separate legal complaints attacking the city's conduct toward transfers and its inaction to resolve and mediate the allegations in the aftermath.
The problem, attorneys said, is that contracts for both organizations contain conflicting language as to who has the authority to issue transfers. Each binding document grants the power to the presiding fire chief, and in the case of Stamford Fire & Rescue, also its fire commission.
This makes it difficult to uphold any authoritative decision or for the Springdale Fire Company to maintain operational control of its station, Mauzaka said.
"The city cannot honor the Springdale contract without violating the (union's) collective bargaining agreement," Mauzaka said.
In February, the Connecticut State Board of Labor Relations agreed with the union's complaint of unfair labor practices and violation of its collective bargaining agreement with the city. It ordered the city to rescind the transfers and pay for damages McCabe and Elumba suffered as a result of the incidents.
But in the case of the Springdale station and city, the outcome was clear, Mauzaka said.
According to the fire company's application to dismiss the arbitrators' decision, it states that while the arbitrators acknowledged wrongdoing on the city's efforts to undermine the transfers, it failed to "render any final decision in the matter" and "failed to grant relief to the Springdale Fire Company."
"What Springdale is asking is to have control of their district and maintain the status it had prior to the agreement with the city," said Fahan, who has been Springdale's fire chief for four years. "We wanted to make sure we kept our autonomy."
A clause in the agreement stipulates Springdale can terminate its contract with the city with the understanding it could never seek funding.
This offers no incentive to a company that relies heavily on city funding and private donations, Mauzaka said.
Mauzaka said the fire company is questioning the validity of the 1997 agreement and seeking several changes. One, that the agreement be scrapped, with paid firefighters sent back downtown and the company be given the right and funding to hire paid firefighters of its own. Or that the firefighters union agree to the Springdale fire chief's power to transfer be strictly enforced and adhered.
The Springdale Fire Company also is seeking about $50,000 in relief and damages, she said.
Mauzaka and Fahan said Stamford Fire & Rescue uses the Springdale station as access for its firefighters to earn overtime and that the revolving door of firefighters makes it difficult to maintain unity and organization. Fahan said the presence of Stamford Fire & Rescue has damaged morale at his firehouse.
"We wanted to be known as a volunteer department. What's ended up happening is they ended up putting their names on our equipment and they started going by their own guidelines. They wanted to do what they do downtown, and not how we do it in Springdale," he said. "Career firefighters are necessary, but that doesn't mean it has to be Stamford Fire & Rescue guys."
Brendan Keatley, president of the firefighters' union, said the union is willing to discuss a resolution with the Springdale firehouse. But removing all Stamford Fire & Rescue firefighters from the company could leave public safety in the hands of less experienced workers.
"It's about public safety and striking a balance," he said. "We believe the decision that was administered by the arbitrator, it should stand. We are willing to sit down, anytime, any place, but what we're not willing to do is dictate the destiny of our members contrary to the law."
Copyright © 2006, Southern Connecticut Newspapers, Inc.