Wednesday, December 7, 2011

Judge to city: Back to the table

Ketchum must negotiate with firefighters union

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By REBECCA MEANY
Express Staff Writer

A judge has determined that the city of Ketchum must resume labor contract negotiations with its firefighters union, marking a preliminary success for the firefighters.

Fifth District Judge John Butler issued a judgment Nov. 29 ordering the parties back to the table. Butler stated that the city and the union are both obligated "to meet and confer in good faith and continue to do so at reasonable times and places until the parties reach an agreement or genuine impasse in negotiations for a collective bargaining agreement."

"[T]he City shall cease and desist in its violation of the Idaho Collective Bargaining Act," the judgment reads.

The court will decide whether, after collective bargaining resumes, parties have reached a genuine impasse.

The judge also nullified changes the city made to its employee handbook as they pertain to the firefighters, making firefighters again subject to a previous version. The union had maintained that changes should not have been made while the city was in negotiations with the union. Of particular concern to the union was the change of all city employees to "at-will" status, meaning they could be terminated without cause.

Ketchum's nine full-time, paid professional firefighters unionized in June 2009 as Local 4758 of the International Association of Fire Fighters. The union began collective bargaining in September of that year.

The union filed a lawsuit this spring alleging that the city violated the Idaho Collective Bargaining Act by refusing to bargain with the union and by making changes in terms and conditions of employment without negotiating those issues with the union. The case went to trial in October.

"We look forward to getting back to the bargaining table as we have asked the city to do for two years now," John Rathfon, Local 4758 president, said in a prepared statement. "Reaching a contract will ensure that our firefighters can focus on public safety rather than worrying about what might happen to them or their families as a result of workplace disputes."

Ketchum City Administrator Gary Marks, who served as the city's lead negotiator in the case, said city attorneys are still reviewing the decision and had not yet met with City Council members to discuss options.

"At this point it's just too early to say what kind of response we'll have," Marks said Friday.

Rebecca Meany: rmeany@mtexpress.com

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