Arbitrator Reverses Fire Chief's Transfer of FF In Response to Unsupported Complaint

A neutral arbitrator has ruled that City of Waltham Fire Chief acted arbitrarily in transferring a fire fighter from his preferred station, based purely upon a "no trespass" notice issued by citizen against the fire fighter. Attorney Patrick Bryant represented Waltham Fire Fighters, Local 866, IAFF.

Here, next-door neighbors of a veteran Fire Fighter had a long-running complaint about the fire fighter's house. Several years ago, they completed a No Trespass notice at the Waltham Police Department. This notice never resulted in restrictions on where or how he could work as a Fire Fighter.

After the Fire Fighter transferred to the station nearest his home, the neighbors provided the no trespass notice to the Chief. They claimed to be in fear of the fire fighter. The Chief refused to investigate the allegation or even speak directly with the neighbors. The Fire Fighter never did anything to justify this concern.

The Chief consulted with a City attorney about whether he could transfer the Fire Fighter. The attorney advised that Fire Fighter could be prosecuted for criminal trespass if responding to a fire or ambulance call to his neighbors. As a result of the attorney's opinion, the Chief transferred the Fire Fighter and further banned him from working shifts, overtime, or swaps at the station nearest his home. This transfer and ban remained in place as long unless and until the neighbors rescinded their no trespass notice. The Chief effectively allowed residents to veto where Fire Fighters could work.

The Arbitrator ruled that the Chief's decision was arbitrary because the City attorney's opinion was unsound and unsupported. He wrote, "Does a firefighter who has been sent in the line of duty to a residence to perform his or her official duties commit trespass when entering private premises? The answer is that the firefighter does not commit trespass inasmuch as s/he has a legal privilege to enter the premises under such circumstances. The precedent on this point is clear."

He ordered the Chief to offer the fire fighter to return to his former station. Plus, he ordered the Chief to restore vacation leave to another fire fighter who had to swap assignments with the Fire Fighter. (The swap forced the second fire fighter to use more vacation leave for a previously scheduled trip).