The Herald, Sharon, Pa.

Local News

May 4, 2008

Court ruling on Greenville firefighters' contract stands

By Monica Pryts

GREENVILLE — A panel of Commonwealth Court judges has ruled that a Mercer County judge’s decision on the contract between Greenville’s firefighter union and the borough stands.

Greenville council filed an appeal April 19, 2007, of a March 27, 2007, ruling issued by Common Pleas Judge Thomas R. Dobson on the contract for International Association of Fire Fighters Local 1976.

Commonwealth Court’s ruling was issued April 22 and union president Lt. Dale Hightree’s only comment was, “it is what it is.”

Borough Manager Ryan T. Eggleston said Friday he wants to speak with the borough’s lawyers about the ruling before commenting.

A message seeking comment from council President Pete Longiotti was not returned Friday.

Borough officials had argued that the contract didn’t conform to Act 47, the state’s debt recovery plan for financially distressed communities, which Greenville entered in 2002.

Commonwealth Court documents say the judges carefully considered the positions set forth by each party and affirmed the ruling based on Dobson’s “well-reasoned opinion.”

Judge Mary Hannah Leavitt issued a dissenting opinion April 22. She disagreed with parts of the contract because they aren’t consistent with Greenville’s Act 47 recovery plan.

The recovery plan recommends that base hourly wages and salary increases, if granted, shall not exceed the Consumer Price Index for northwestern Pennsylvania or 3 percent, whichever is less.

The contract’s longevity pay scale violates that part of the plan because the payments will result in a wage increase of more than 3 percent, Judge Leavitt said in court documents.

The contract’s section on minimum manning requirements also violates the Act 47 plan, which says the borough has the right to determine the number of personnel employed and to lay off any employees for economic or other reasons.

The contract says the borough will maintain an apparatus staffing level of two firefighters, excluding the chief. President Judge Bonnie Brigance Leadbetter and Judge Reneé Cohn Jubelirer agreed with Judge Leavitt’s opinion.

Dobson ruled on council’s behalf that it can hire part-time firefighters to supplement its full-time force and reduce the need for overtime. He denied council’s appeal of the manpower issues, a new longevity pay scale and using part-timers to fill vacancies created by short-term absences of full-timers, and full-timers can’t be displaced by part-timers.

The union and council agreed to take the contract to binding arbitration in October 2005. A panel of arbiters –– one representing council, one representing firefighters and a neutral –– heard testimony in January 2006.

Michael Zobrak of Aliquippa, the neutral arbiter, issued a ruling Aug. 28, 2006, and a new contract took effect. The firefighters union, which is made up of six full-timers, announced Aug. 31 it accepted the contract.

On Sept. 12, 2006, council announced it would appeal Zobrak’s ruling, saying several items in the contract were not in sync with recommendations in the town’s Act 47 recovery plan.

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