Update on firefighter grievance

Submitted by Suanne Z. Thamm
Reporter – News Analyst
August 24, 2016 9:15 a.m.

In a letter to City Manager Dale Martin dated August 23, 2016, International Association of Firefighters Local 2836 President James Tucker advised that per provisions of the collectively bargained agreement (CBA), the Union is invoking binding arbitration to settle Firefighter Steven P. Henderson’s grievance against the city.

Tucker wrote, “At this time it remains clear that in order to see an unjust punishment overturned we are forced to proceed to arbitration. The Union remains hopeful that this issue can be resolved before we are forced to argue our case at the hearing, but the past few weeks leave little to be hopeful about.” Tucker copied Fire Chief Ty Silcox and each city commissioner on his request.

Firefighter Henderson was demoted and placed on a Last Chance Agreement following events surrounding a June 12, 2016 traffic stop and subsequent arrest. [See http://fernandinaobserver.org/2016/08/16/fernandina-beach-city-manager-denies-firefighters-grievance/] The union has maintained that because the criminal charges were ultimately dropped, there was no cause for the disciplinary action. The city has called into question the “underlying conduct” of the firefighter, the timeliness of the grievance, and the firefighter’s waiving of the grievance procedure by signing a Last Chance Agreement.

The next step in the process is for the parties to apply to the Federal Mediation and Conciliation Service for a list of potential arbitrators to hear the case. Under the CBA terms, the city and the union have agreed to split the cost of arbitration.