Ogdensburg firefighters win case before Appellate Division

May 28—OGDENSBURG — The state Appellate Division in Albany has denied an appeal made by the city of Ogdensburg that would have stopped a lower court's ruling in favor of the union representing Ogdensburg's firefighters. The union will now be allowed to go to arbitration over alleged violations of minimum staffing provided in its six-year contract.

In January, before the state Appellate Division, the Ogdensburg Professional Firefighters Local 1799 successfully appealed a March 19, 2021, ruling by state Supreme Court Judge Mary M. Farley that had granted the city a permanent stay of arbitration after the union had filed grievances over alleged violations of its collective bargaining agreement. The agreement states the department cannot be staffed with fewer than 24 firefighters.

The city had filed an application to have the case heard before the Appellate Division, which has been denied.

"For more than a year, Ogdensburg's mayor and appointed city manager repeatedly violated a six-year agreement, negotiated in good faith, and which protected the city and those who serve it," Sam Fresina, president of the New York State Professional Fire Fighters Association, said in a statement. "The actions repeatedly advanced by Mayor (Jeffery M.) Skelly and City Manager (Stephen P.) Jellie stemmed from a position that reflected a contempt for the law, and an unwillingness to honor existing public commitments. It is unfortunate that they chose to pursue that path."

"I am hopeful that this week's court decision and city council brings this unnecessary dispute to conclusion," Mr. Fresina added. "However, if we are required to engage again — to defend the community and our membership — we will."

The matter will now be resolved before an arbitrator.

"We are confident that the union will prove its case and receive damages associated with the breach of contract by the city," said Nathaniel Lambright, a labor law attorney representing Local 1799 in the matter.

On Friday, Mr. Jellie issued a press release saying that he had contacted members of the City Council to determine if the majority wanted him to proceed to arbitration on the remaining two unresolved matters or satisfy the union by providing the relief requested.

"As City Manager, I have followed the instruction provided by a majority of the Ogdensburg City Council (Skelly, Rishe, Fisher, Dillabough) in November 2020 by defending the City against the illegal, irresponsible and financially crippling sections of the current collective bargaining agreement with IAFF Local 1799 that was hastily ratified by the previous City Council, most of whom had just been defeated in the 2019 city council election," Mr. Jellie wrote in the release. "To date, the City has prevailed in 5 of 7 issues the union initially filed in regards to the staffing decisions made by the City."

"Recently, Councilor John Rishe changed his stance on other critical issues involving the staffing of the fire department and there is now likely a different direction that City Council will proceed," Mr. Jellie added. "I will await the majority city council decision before taking any action in this matter, and should a majority of city council decide to cease the defense of these issues, they will need to provide a definitive plan how the additional personnel and overtime resources will be funded for the remainder of this fiscal year and future years beginning in 2023."

On Monday two resolutions aimed at continuing current policies at the fire department, namely reducing hazard pay and keeping daily minimum staffing at or below four firefighters, failed at Ogdensburg City Council's regular meeting.

The resolutions would have directed Mr. Jellie to pay hazard pay to firefighters represented by IAFF Local 1799 in the amount of $3 per hour instead of the set $6, as well as maintain daily minimum staffing at or below four personnel.

Both resolutions failed with Mayor Jeffrey M. Skelly, Deputy Mayor Steven M. Fisher and Councilor William B. Dillabough voting yes and councilors John A. Rishe, Michael B. Powers, Nichole L. Kennedy and Daniel E. Skamperle voting no.

The votes took place following a brief executive session.