Here’s an updated version of the article from ChicagoTribune.com:
Elgin Firefighters Local 439 recently submitted a motion to the Circuit Court of Cook County Chancery Division, aiming to overturn an arbitration decision made by Arbitrator Edwin Benn in March. This ruling allowed Elgin to maintain its reduced minimum staffing levels on fire shifts, decreasing from 36 to 34 personnel, a change that was implemented back in January 2012.
In December 2011, the city had approached the union, requesting them to continue operating under an agreement that permitted the lower staffing level. This agreement had initially been established in February 2010. However, the union declined to extend the arrangement. Following this, the union filed a grievance in October 2013, advancing it to arbitration in December of the same year. After conducting three arbitration hearings throughout 2014, Arbitrator Benn ultimately ruled in favor of the city earlier this year.
The union's motion argues that Benn exhibited bias and potential misconduct during the proceedings, which unfairly impacted their rights. They cite several issues, including Benn's failure to make credibility determinations, his contradictory stance on the clarity of the Variance Agreement (first stating it was ambiguous but later deeming it unambiguous), and his preconceived notion that the city did not intend to maintain minimum staffing post-agreement expiration. Furthermore, they argue that Benn overlooked crucial evidence while making his final decision.
Additionally, the motion contends that Benn overstepped his authority as an arbitrator. He effectively altered or disregarded key terms of the agreement and variance agreement, particularly by concluding that the city had the unilateral power to adjust minimum staffing levels. The union claims that Benn's ruling contradicts public policy, calling it arbitrary and capricious. According to the motion, Benn’s decision deviated significantly from the original contract, effectively rewriting its terms.
Currently, Elgin firefighters are working without a formal contract since January 2014. Union President and Fire Captain Vince Rychtanek anticipates that negotiations regarding the contract will return to arbitration this autumn, with staffing levels likely remaining a contentious issue.
Thanks for sharing, Dan!
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