City, firefighters square off over promotions

The simmering dispute between the Havre chapter of the International Association of Fire Fighters and the city flared into the open again Wednesday.

Both sides argued before the City Council’s Police and Fire Committee at a special noon meeting Wednesday.

The union contends that management is seeking to retaliate against firefighter D.J. Olson, the union president, by denying him a chance at a promotion.

Management says it is acting within its rights in taking the action it is taking.

While there is a history of discord between management and labor in the department, Cody McLain, the union’s grievance committee chair, said after Wednesday’s meeting “things are more tense today than at any time in my 11 years in the department.”

He said they are retaliating against Olson for his union activities..

“That’s what this is all about,” McLain said.

At dispute is the decision by Fire Chief Tim Hedges to conduct a test for the driver-operator position.

Traditionally, only people who have held the rank of firefighter for 3.5 years are eligible to take the test, but Hedges wants to open it up to everyone who holds the firefighter rank, in effect, making the position open to anyone who has been sworn in as a firefighter.

Olson is the only firefighter who has the needed 3.5 years of experience, and he failed the test the first time it was administered. Management contends that because Olson failed the test he is ineligible to take the test again for a year, while the union’s reading of fire department rules is that Olson has to wait only one month to retest.

That matter is going to arbitration. The union first brought its objections to the council’s Labor Committee, which voted 2-1 to uphold the management position.

An arbitrator will hear that case Aug. 26.

Hedges said Wednesday that there is a desperate need for driver-operators at this point because of staff shortages, which is why he wants to expand the pool eligible to take the test.

Not having four driver-operators creates safety problems for the public and is “a scheduling nightmare,” Deputy Fire Chief Norm Paulson told the committee Wednesday.

The city has had to pay out money for overtime because of scheduling difficulties, Hedges said.

By the end of the year there may be no driver-operators left on staff, he said, so it is necessary to fill the ranks.

The union has filed an unfair labor practices charge against the city for its actions. The Montana Department of Labor and Industry has begun its investigation, McLain said.

Hedges said that in tough times in the past, the city has waived the 3.5-year rule, and said it is advisable to do the same now.

He said some of the firefighters with less than 3.5 years on staff have had experience with other professional departments before joining up with Havre, and “they are ready to take the test today.”

But McLain said after the meeting that the rule was waived only once, when the department allowed someone with three years and two months to take the exam.

He said the union is concerned about safety issues. Although the newer firefighters are excellent at their job, “there are certain things in our profession that can only be learned with experience.”

Police and Fire Committee Chair Terry Lilletvedt said the committee will take what management said under advisement and will report back. The committee can advise the chief, but not overturn his decision

McLain said the city, according to its figures, has spent $25,000 on fees fighting the union on various topics this year, including its arbitration on a labor contract. He said he suspects the actual cost is higher.

He said if the city had agreed to talk with the union in good faith, a deal could have been agreed to without that money being spent.

Earlier, Brian Barrows, the chair of the council’s Labor Committee, said that if the city hadn’t spent that money defending its position, the ultimate cost to the taxpayers would have been far greater.