March 24--The prospect of Emmaus firefighters becoming
paid, unionized employees of the borough after a state Labor Relations Board
ruling has other Pennsylvania municipalities bracing for a potentially
precedent-setting, costly change in the traditionally volunteer firefighting
field.
Attorneys for statewide associations of boroughs and
townships, fearing a ripple effect of the PLRB order that effectively declared
about three dozen firefighters union employees of Emmaus, have chimed in on the
ongoing legal battle, calling the ruling a "dangerous" development.
Lawyers representing both the Pennsylvania State
Association of Township Supervisors and Pennsylvania State Association of
Boroughs have filed papers in Commonwealth Court backing the borough's appeal
of the PLRB order that became final in September.
"Other municipal governments similarly situated to
the borough, and, by extension, taxpayers, may ultimately face significant
financial impacts in the form of higher taxes and reduced services,"
attorney Scott E. Coburn, who represents the supervisors organization, wrote in
a court filing in support of the borough's appeal.
"The PLRB's ruling ... could have negative financial
ramifications not only for the borough, which would be faced with dozens of new
employees and all of the costs associated therewith, but also potentially many
other municipalities that, like the borough, provide financial and
administrative assistance and equipment to volunteer fire departments."
The case already has had significant financial
implications for Emmaus, which has about 12,000 residents and an annual general
operating budget of about $8 million. The borough has spent $132,635 for legal
fees and other costs associated with the case, according to figures provided by
the borough. That includes a $30,000 study commissioned to examine the
management and staffing needs of the department.
Council last year raised property taxes by an average of
about $8, in part in anticipation of legal fees associated with the firefighter
dispute.
Just last week, Borough Council hired a $50-per-hour
consultant to help set up a paid professional fire department in the event it
loses its appeal challenging the firefighters' union status. A paid fire
department could eventually cost about the same as the police force. Council
earmarks about $2.2 million for its police force, which has 18 officers and a
chief.
A PLRB hearing officer last year ruled that three dozen
firefighters were government workers and could form a union. The board
subsequently dismissed Emmaus' 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 PLRB 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 have since voted to support representation
by the Pennsylvania Professional Firefighters Association.
The borough says in its appeal there has been no evidence
presented showing that the borough hires or disciplines or has the authority to
hire and discipline firefighters. It argues members of the fire department are
selected by the department and approved by council.
Emmaus' attorneys also argue the firefighters can't claim
an employment relationship because their volunteer relief association receives
money from the state from a fund paid into by insurance companies. The Emmaus
association has received $675,000 over the past eight years, according to court
records.
The borough also argues it did not apply civil service
and Veterans Preference Act requirements to fire department members, which
means they could face criminal and civil liabilities for violating state law.
Attorney Stanley Laskowski, representing the Pennsylvania
State Association of Boroughs, says in an 18-page legal brief that the PLRB ruling,
if upheld, would be a "dangerous precedent requiring boroughs across
Pennsylvania to violate existing laws such as the civil service provision of
the Borough Code and the Veterans Preference Act."
He added: "PSAB has a significant interest in the adjudication
of this matter which shall have a substantial and direct statewide impact upon
the legislative functions, duties and responsibilities of borough
officials."
He noted there are 2,448 fire companies in the state and
a large majority are volunteer-based.
Coburn, in his legal brief, said those fire departments
save municipalities and taxpayers about $6 billion annually. He suggested if
firefighters are considered employees, other volunteer municipal appointees,
such as planning and recreation commission members, could be considered
employees.
In an interview, Coburn said it's not uncommon for his
organization to file legal arguments in cases such as these. He said the
townships organization has heard from some of its members about the case.
"This could have an effect on other townships and
boroughs, depending on what their structure or relationship is between their
[municipality] and volunteer fire departments," he said. "You've got
the unionization issue and the potential that they would be considered
employees under the Affordable Care Act."
Emmaus Borough Manager Shane Pepe said last week the
borough has continued to pay firefighters under the same stipend structure in
place before the group voted to unionize. He said borough officials, required
to negotiate with the union while the appeal is pending, held their first
negotiating meeting with firefighters earlier this month.
Source: Firehouse.com
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