Arbitrator Rules That Chief's Change In Overtime Practice Violated Contract With Medford Fire, IAFF Local 1032

The City of Medford Fire Department had a longstanding practice of filling Deputy Chief vacancies by offering it first to the senior captain assigned to the Deputy's group, so long as another Deputy Chief did not accept the shift first. In December 2011, the Chief created an Administrative Captain to fill these Deputy Chief vacancies, which immediately denied all other captains the opportunity to earn out of grade pay. Attorney Leah Barrault persuaded an arbitrator that this change violated the past practice clause of the collective bargaining agreement with Medford Fire Fighters, Local 1032, IAFF

The Arbitrator easily disposed of the City's weak arguments presented to defend its contract violation. he found that compliance with past practice did not interfere with staffing levels, did not violate Civil Service laws, and was not superseded by Management Rights. The Arbitrator awarded the Union with a declaration that the City violated the contract and ordered the City to cease and desist from violating it in the future in the same manner.