A battle over the Emmaus firefighters' attempt to
unionize has cost borough taxpayers more than $100,000 in less than a year's
time, and the legal dispute is far from over.
The borough spent $102,529, mostly for lawyer fees,
through the end of September, according to a list of bills obtained by The
Morning Call through a Right to Know request. The case is expected to linger
well into 2015, perhaps beyond.
The dispute, which officially began in October 2013 when
the Pennsylvania Professional Firefighters Association petitioned the
Pennsylvania Labor Relations Board to be certified to represent the Emmaus
firefighters, revolves around a disagreement over whether firefighters are
borough employees.
The borough maintains that the Emmaus Fire Department has
long functioned as a volunteer organization and has reaped the benefits of that
status.
A Pennsylvania Labor Relations Board hearing officer in
June ruled they were government workers and could form a union. The Labor
Relations Board recently dismissed the borough's objection to that ruling,
prompting the borough to make plans to appeal its case to Commonwealth Court.
The original ruling was based largely on measures the
borough and its council have taken in recent years with regard to the operation
and oversight of and compensation for firefighters. A Labor Relations Board
hearing officer wrote in his decision that the borough made firefighters
borough employees by paying them hourly wages and "exercising significant
control over their terms and conditions of employment."
The firefighters in May voted to support representation
by the Pennsylvania Professional Firefighters Association. Thomas Dinkelacker,
an attorney who represents the borough, said the union has asked to begin the
collective bargaining process and indicated recently that he expects that
process to move forward.
In the meantime, the borough is defending itself against
an unfair labor practice complaint filed by the Pennsylvania Professional
Firefighters Association. The complaint claims the borough unilaterally
implemented a rule limiting the number of hours firefighters can work and that
it terminated one firefighter in retaliation for his participation in and
support of the union. The borough denies those claims.
The $100,000 spent on the case brought the borough's
overall legal expenses for the year to about $140,000, according to Borough
Manager Shane Pepe.
Pepe said no money was earmarked in the borough's fire
department budget for legal work. Council budgeted $82,500 for legal expenses
for various departments and has spent nearly $37,000 of that for legal matters
not related to the firefighters case.
Pepe said council plans to set aside $7,500 for the
Commonwealth Court appeal in 2015 and $15,000 for legal costs associated with
union negotiations.
The manager said that no money was put aside in the
budget for legal expenses for the fire department this year because the union
filed its paperwork with the Labor Relations Board around the time the 2014
budget was being finalized.
"However, with that being said, despite the cost,
the fire chief has done an excellent job in keeping the department under budget
as a whole, as he has made the necessary adjustments to deal with the legal
costs," Pepe wrote in response to The Morning Call's questions.
Councilman Brian Holtzhafer said he believes the borough
is through "the roughest part" of the costs associated with the case.
The $102,529 in legal expenses represents a little under
1 percent of the borough's overall $12.7 million spending plan.
Much of that has gone to Dimmich & Dinkelacker P.C.,
the Orefield law firm that represents the borough. The firm received $58,534
thus far for its services, according to a list of borough bills. The borough
also has paid $19,092 to Ballard Spahr LLP, which is serving as special labor
counsel for the labor case and for union negotiations.
In addition, the borough has spent $24,000 for a study of
the fire department.
Pepe said the study is "examining the needs and
status of the company, ranging from a management assessment to staffing needs,
equipment and facility needs and the other facets of the department."
Because the borough has always seen the fire department as a volunteer
organization, "there was very little involvement in day-to-day management
of the operations of the department," he said.
It was important for council to have a full assessment
and understanding of all facets of the department, Pepe added. The study
includes interviews, an assessment of equipment and a rating of the department
relative to national standards.
"Not only will the study assist in union
negotiations, but it will serve as a valuable tool in moving forward and making
both the fire department and ambulance corps better in the future," Pepe
said.
It's not yet clear what impact the unexpected legal costs
will have on the borough's budget going forward. Last year, the borough raised
property taxes by an average of $112.
Holtzhafer, chairman of council's Budget and Finance
Committee, said a tax increase in 2015 is "doubtful," adding that
it's too early in the budget season to know for sure.
A unionized fire department could have significant
financial implications for the borough in the future. This year, the borough
plans to spend $2.2 million for its unionized police force, which has 18
officers and a chief, according to borough budget documents.
Council earmarked about $513,000 in 2012 and nearly
$450,000 in 2013 for fire services.
Emmaus firefighter
dispute costs
A breakdown of the borough's costs related to a legal
dispute over the employment status of firefighters.
•$58,534.04: Dimmich & Dinkelacker,
P.C., the borough's law firm
•$24,000: Public Safety Solutions Inc.,
which is conducting a fire service study
•$19,091.74: Ballard Spahr LLP, law firm
serving as special counsel
•$894.50: Sargent's Court Reporting
Service Inc. for Pennsylvania Labor Relations Board hearing transcript
•$102,529.28: Total to date
Source: The
Allentown Morning Call
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