Attorney Bryant Wins Plain Language/Rank Differential Arbitration for Waltham Fire, Local 866 IAFF

It is a basic rule of thumb in labor relations that the Union can enforce plain language in the collective bargaining agreement, even if an employer failed to honor that language for years. A neutral arbitrator agreed with Attorney Patrick Bryant and Waltham Fire Fighters, Local 866 IAFF that the City incorrectly calculated the rank differential for Lieutenants, Captains and Deputy Chiefs and did so in disregard of clear contract language.

Many unions negotiate a differential, or raise, for individuals in higher ranks to recognize the greater responsibilities. Here, the City of Waltham and Local 866 agreed that ranking fire fighters should be paid a certain percentage above the fire fighters in the immediately lower rank. For years, however, the City's calculation of this differential deliberately excluded two flat-dollar base salary increases. At the same time, the City included these base salary increases in calculating all other differentials and enhancements, such as cost of living adjustments.

The Arbitrator agreed with Local 866 that the City's calculation violated the rank differential in the contract. The negotiated language did not exclude any base salary increase or enhancement from its calculations. He rejected the City's reliance on past practice, noting that a contrary practice does not defeat clear contract language, and, moreover, the Union never agreed to this practice.

He ordered the City to make whole fire fighters back to July 2015.