Partial victory in budget ruling

The City of Omaha was within its rights when it took a fire engine and two medic units out of service to save money during a budget crunch, a judge ruled Monday.

However, Douglas County District Judge Patrick Mullen found that the city had in two other matters violated a status quo order from the Nebraska Commission of Industrial Relations.

Mullen ruled that four firefighters could not be moved into new positions. Assistant City Attorney Bernard in den Bosch said the firefighters had been put in civilian Fire Department jobs left open because of budget-related job cuts last year.

A paramedic shift supervisor also cannot serve as both a medic and a supervisor when there is a vacancy during a shift, according to the ruling.

The city must stop those practices within three days or be found in contempt, Mullen wrote. In den Bosch said Monday the city was already working on making those changes.

The city was the defendant in a contempt action filed by the Omaha firefighters union last month.

“As a practical matter, I think the city is happy with the results,” in den Bosch said. “Nobody wants to do it, but this does give the city the ability (to take equipment out of service) if we have to.”

Steve LeClair, president of the fire union, said, "We absolutely respect Judge Mullen's decision. We'll try to come to a full understanding of the ruling and we'll continue to weigh our options."

The union had said the city violated its labor contract and the state labor court's status quo order on Jan. 10. That day, the city took fire equipment out of service as a cost-saving measure after too many firefighters called in sick, causing a personnel shortage.

Calling in backup would have required overtime wages the city couldn't afford, Mayor Jim Suttle's office has said.

The case focused on whether such cost-saving measures were permissible under earlier orders by the commission and under the labor contract.

In a statement issued Monday evening, Suttle said the ruling “affirms that the decisions we are making are in compliance with the fire union contract.

“I will continue to work with all of the city's unions to stay within the law while finding ways to increase efficiencies in city government,” the mayor said.

The union contract mandates that the city maintain 23 fire engine companies and 13 medic units. Mullen ruled that the city had enough equipment in service to comply with the status quo order.

The union also had complained that the city failed to maintain minimum staffing levels by not calling back firefighters when vacancies arise.

The judge ruled that the city had not violated the status quo order; however, “callback must be used as needed to maintain four-person engine and aerial companies and two-person medical units.”

The city also was in compliance when it allowed a battalion chief also to serve as an assistant chief, Mullen wrote.

Contact the writer:

444-3100, maggie.obrien@owh.com

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