Loading...
HomeMy WebLinkAbout1192nd CSC MEETING1192nd REGULAR MEETING OF THE CIVIL SERVICE COMMISSION The 1192nd Regular Meeting of the Civil Service Commission was held on Thursday, September 18, 2003. The meeting was called to order at 5:30 P.M. Members Present: Ronald E. Campau, Chairperson Charlotte S. Mahoney Harry C. Tatigian Also Present: Michael Bailey, Firefighter Alan W. Brandemihl, Jr., Fire Chief Kevin Church, Firefighter Michael Kelly, President, LFFU Kathleen Monroe, City Librarian James Montgomery, Fire Lieutenant John Orzech, Vice President, LFFU James Pietraz, Fire Captain George Roumell, Attorney, Riley, Roumell and Connolly Sharon Sabat, Recreation Supervisor Gregg Schultz, Attorney, Riley, Roumell and Connolly Mary E. Rulan, Human Resources Director Derrick L. Washington, Personnel Analyst II David G. Beecher, Personnel Analyst II Aurora Northrup, Personnel Analyst I Gretchen Guisberl, Secretary III Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the minutes of the 1191st Regular Meeting held Thursday, August 21, 2003, be approved as submitted. John Orzech, Vice -President, Livonia Fire Fighters Union (LFFU), handed out documents regarding LFFU Grievance #R-02-03, conceming the badge, specific helmet color and collar insignia for the Training Coordinator. Mr. Orzech stated it is the Union's wish that the contract be language followed and that the position hold no rank or command responsibilities other than those associated with training. He referred to the Union letter of June 7, 2003 and Section 46, paragraph F. of the LFFU contract, for the period December 1, 2002 to November 30, 2005. Mr. Orzech continued that in the history of the Department, the silver or gold colored badges represented a certain rank. The Tmining Coordinator was a new classification that required new insignia. A Fire Officer (Bruce McDonald), back at the time the new position of Training Coordinator was formed, had worked on a design for the Training Coordinator badge. In correspondence dated April 5, 2000, then Battalion Chief/Training Coordinator Brandemihl advised that Mayor Kirksey, in his capacity of Public Safety Director, requested that the matter of insignia be held in abeyance until the vacancy for Fire Chief was filled. In correspondence dated April 16, 2001, now Fire Chief Brandemihl determined the insignia for the Training Coordinator should reflect those within Fire Prevention with a blue background with rank indicated with the appropriate bugle. The Union's position is that the contract language prohibits designation of rank on the Training Coordinator badge or insignia. Mr. Campau asked if the Training Coordinator was giving orders outside training matters. Mr. Orzech stated that following an incident at the scene of a fire, the Training Coordinator was Page 2 1192nd Regular Meeting September 18, 2003 advised not to, and there have been no further incidents. Ms. Mahoney asked if the badge infers that the Training Coordinator has the authority to give orders. Mr. Orzech replied 'yes." He continued that when the requirement for the ALS program was initiated, the Mayor negotiated to contractually change the position of Training Officer to that of Training Coordinator. The Training Officer had been badged and was in a rank structure as Battalion Chief. He also stated that there is a Command order. Red and white helmets signify a Command Officer. Part of the contractual negotiation was that any kind of rank for the Training Coordinator classification would be removed. Ms. Mahoney clarified that it was the Mayor who had the final decision. She also clarified that Union concern was that the interpretation was that the Training Coordinator, by contract, has no insignia designating its affiliation to the Firefighter ranks. Mr. Tatigian confirmed that the salary rate of Fire Lieutenant was the minimum pay grade for Training Coordinator. He also inquired if the Union's request was that the insignia and the badge for Training Coordinator be different than the insignia for every other Fire Officer rank. Mr. Tatigian clarified that the Union had no objection to the uniform, rather, just the insignia. Mr. Orzech confirmed that the grievance was not against the person, but the position. The Union objects to the insignia to prevent less senior persons from giving orders. Greg Schultz, Attorney, Riley, Roumell & Connolly, responded on behalf of Management. He stated that there is confusion as to what the Union is looking for. He stated that the contract is clear, "The Training Coordinator position will have no rank designation ever affiliated with its designation." He continued that the Training Coordinator does have command authority in all training issues. Mr. Schultz also stated that this grievance was untimely and the red helmet was the same that was worn for five (5) years with no report of confusion. He also stated that this held true for the insignia. A discussion ensued regarding the various number of bugles on the insignia. Chief Brandemihl stated that when he was Training Coordinator, he had two (2) bugles. Furthermore, when Shadd Whitehead was first appointed he started with one (1) bugle. The badge currently worn by Mr. Whitehead has three (3) bugles. It does not state Battalion Chief; rather, it clearly identifies Training Coordinator. George Roumell, Attorney, Riley, Roumell & Connolly, stated that there were reasons the Training Coordinator position was established. First, it was to remove the position from the block system because previous employees who promoted into the position at the rank of Battalion Chief would serve for four (4) to six (6) months and then retire. Second, the position was created to permit a Fire Fighter with a minimum of five (5) years seniority to participate in the competitive promotional examination process which allowed a system of salary increases where the top salary would be that of Battalion Chief. Third, was that there are three Divisions; Fire Suppression, Fire Marshal, and Training Division. Mr. Roumell continued that the Fire Marshal goes to fres and also has the same type of badge as a Fire Suppression Battalion Chief. The Union didn't see this as a conflict. They are treated no different. Mr. Orzech stated he had no idea what the Fire Marshal has to do with this grievance. Mr. Roumell stated that there was a similar special badge for the Fire Marshal division. Fire Chief Alan Brandemihl stated that all the badges are made out of the same materials (as Firefighter). He also stated that they have other positions that do not carry rank but there is a hierarchy within the positions. It is very explicit. No one looks at a Senior Fire Inspector as a Page 3 1192nd Regular Meeting September 18, 2003 Fire Captain. The Fire Department maintains a rank structure. He continued, by correcting Mr. Roumell's statement that the three Fire divisions were Administrative, Fire Prevention and Fire Suppression with the Training Coordinator as part of the Administrative Division. Chief Brandemihl also clarified that it was the former Fire Chief, Ron Engle, who began this insignia process by giving the Training Coordinator a badge with "Battalion Chief on it when he achieved that rate of pay. Chief Brandemihl also questioned the timeliness of this grievance and inquired why this grievance hadn't come out five (5) years ago. Mr. Orzech replied that Captain Bruce McDonald, as the Fire Officer in charge of uniforms, wanted new insignia for the Training Coordinator position back in 2000. The former Chief came to him and designed a badge then. Chief Brandemihl stated he should have the authority under the Management Rights clause of the contract to make the insignia determination. Mr. Campau qualified the comment by stating if the right was not constrained by contract. Mr. Tatigian responded that there is specific contract language that says this position has no command rank. Mr. Schultz clarified again that the contract language says the employee in the Training Coordinator position does have the authority to command for training purposes only. There is no contract language telling Management what type of badge is to be designated for the Training Coordinator position. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That having reviewed LFFU Grievance #R-02-03, dated June 19, 2003, from John Orzech, Vice -President, LFFU, regarding violation of Section 46, paragraphs A. and F. of the Livonia Fire Fighters Union Agreement for the period December 1, 2002 — November 30, 2005, and atter having had discussion with Alan W. Brandemihl, Jr., Fire Chief; Michael Kelly, President, LFFU; John Orzech, Vice -President, LFFU; James Montgomery, Fire Lieutenant; George Roumell, Attorney; Greg Schultz, Attorney; the Civil Service Commission does hereby grant this grievance and refers the matter back to the Chief and to the Union to create the Training Coordinator badges, insignia and helmet color in a manner approved by both parties. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the Departmental Correspondence of August 25, 2003, from Michael A. Kelly, Assistant Driver, as approved for submission by James E. Corcoran, Acting Fire Chief, requesting additional paid family illness leave, the Civil Service Commission does hereby approve three (3) additional twenty-four (24) hour paid sick leave days, beyond the maximum four (4) twenty- four (24) hour family illness leave days allowed per calendar year. Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That having reviewed the Departmental Correspondence of September 11, 2003, from Sharon Sabat, Recreation Supervisor, as approved for Page 1192nd Regular Meeting September 1 B, 2003 submission by Linda McCann, Director of Community Resources, requesting additional paid family illness days, the Civil Service Commission does hereby approve six (6) additional eight (8) hour paid leave days, beyond the maximum eight (8), eight (8) hour paid family illness leave days allowed per calendar year. Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Library Aide (1177 p.). The Chairperson called for a brief recess at 6:30 p.m. The meeting reconvened at 6:35 p.m. The Commission received and fled the Status of Temporary Employees Report for August 2003. The Commission received and fled the Non -Resident Report as of September 1, 2003. The Commission received and fled the expiring eligible list for the month of October 2003 — Custodian (792-D o.c.), Library Aide 1 (838 o.c.) and Water & Sewer Supervisor (849 o.c.). Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby approve the eligible list for Custodian (856 o.c.). Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was RESOLVED, That the Civil Service Commission does hereby table the approval of the proposed eligible list for Police Dispatcher (855 o.c.) until their next regular meeting of October 16, 2003. The Commission received and filed the following items: Letter of August 25, 2003, from Gregory T. Schultz, Attorney, Riley, Roumell & Connolly, regarding James W. Egged vs. the City of Livonia, et al, Court of Appeals Docket No. 240635, Lower Court Case No: 00-041209 CL, Report on Court of Appeals Decision. Letter received August 4, 2003, from Christopher Brown, concerning his election of the arbitration process regarding his termination of employment. Affirmative Action Report for August 2003. John Orzech, Vice -President, Livonia Fire Fighters Union (LFFU) presented LFFU Grievance #777-03, dated May 28, 2003, from Kevin Church, Firefighter, regarding violation of Purpose Page 5 1192nd Regular Meeting September 18, 2003 and Intent clause. Mr. Orzech stated that Mr. Church is the only member of the department that has a specific order to ride the squad (ambulance) every shift he is on duty. Mr. Orzech also stated that Mr. Church feels he is being singled out or harassed because he is the only member so ordered while others are allowed to pick or choose based on shift seniority to transfer to the fire suppression engine. Mr. Orzech stated that the senior member is in charge of patient care, how to transport the patient, when the squad takes the patient to the hospital, and when the engine goes back to the station. There is a time issue also. When an employee rides the squad and gets a call, the employee is at the scene for 1 to 1-1/2 hours. The engine, however, may only be out for 40 minutes. Mr. Church is the only Firefighter being ordered to ride the squad every shift. If there is an extra guy at the station, then the employee can pick and choose what equipment the individual wants to ride that day based on seniority. The squad is important, but if Mr. Church is being ordered to do that every time, he feels he is being singled out. Based on his seniority, he should be eligible to get the same break. Mr. Tatigian asked what specific violation of contract language this grievance was referencing. In response, Mr. Orzech advised "...the equal opportunity consideration and treatment clause" under Purpose and Intent. Mr. Campau asked if Mr. Church had a Paramedics license and if he was allowed to perform advanced procedures. Mr. Church replied "no" and Mr. Orzech added that Mr. Church had finished his training but has not passed the test. He is a member of a 3 -man team and he takes vital signs, takes pulses. Mr. Church stated he had completed his training and he has made two (2) unsuccessful attempts to pass the written examination required to get his license. He has another test coming up at the end of the year. While the squad is always called out, if he was assigned on the engine, he could get some quality study time on the job. Mr. Church clarified that he is already an EMT. He again questioned why he was being singled out and not given the opportunity to ride the engine. Chief Brandemihl responded on behalf of Management. He stated Mr. Church was not being ordered to ride the squad, however, there was no contract provision for Firefighters (non paramedics) to ride the engine. Only the senior paramedics are given the right to bump in order to ride the engine. He further stated that until Mr. Church obtains his paramedic license, he has been scheduled to ride the squad to gain the experience needed, in hopes that it will help him pass the examination. Mr. Church stated he was being treated differently. Mr. Tatigian confirmed that rank has privileges and while the issue was that an employee could return from the field if assigned to ride the engine, only senior paramedics could exercise this right to bump. The Chairperson stepped down to second the following motion: Upon a motion by Mr. Tatigian, seconded by Mr. Campau and adopted, it was Page 6 1192nd Regular Meeting September 18, 2083 RESOLVED, That having reviewed the Livonia Fire Fighters Union (LFFU) Grievance #777-03, dated May 28, 2003, from Kevin Church, Firefighter, regarding violation of Purpose and Intent clause, and after having had discussion with Alan W. Brandemihl, Jr., Fire Chief; John Orzech, Vice -President, LFFU; Kevin Church, Firefighter; the Civil Service Commission does hereby deny this grievance based on the fact that there is no contract provision on which to base this grievance and that Management has the prerogative or right to determine method, process or procedure by which work is done, including to what equipment an employee is assigned. AYE: Campau and Tatigian NAY: Mahoney Upon a motion by Mr. Tatigian, seconded by Ms. Mahaney and unanimously adopted, it was RESOLVED, That the meeting be adjourned at 6:55 p.m. Gretchen Guisberl, Secretary III Ronald E. Campau, Chairperson Charlotte S. Mahoney, Commissioner Harry C. Tatigian, Commissioner