Arbitrator: City of Malden's Revised IOD Forms Violate Fire CBA

A neutral arbitrator has determined that the City of Malden violated the collective bargaining agreement with Malden Firefighters, Local 902, IAFF, when it unilaterally implemented changes to the forms to process Injury-on-Duty (IOD) claims.

For years, injured Malden firefighters completed Forms 1 and 2 that documented their on-the-job injuries and treatment by their personal physicians. This process allowed injured firefighters to recuperate without being forced to work light duty unless their personal physician specifically approved or unless the Fire Chief obtained approval from a City-designated physician (the CBA also allowed a firefighter to contest this determination, through the appointment of a neutral physician).

Instead of negotiating changes to the CBA, the City simply waited until negotiations had concluded to implement dramatic changes to Forms 1 & 2. The revised forms now require firefighters to attest to their injury under pains and penalties of perjury, authorize the release of their medical records, and effectively regard firefighters as presumptively able to work light duty, unless their personal physicians determined they were totally incapacitated. The Chief sought to use the changes to force firefighters to work light duty without processing cases through the negotiated procedure.

A neutral arbitrator agreed that the above changes violated the CBA, which includes a detailed IOD provision and a maintenance of standards provision that protects past practices against unilateral changes.

The Arbitrator ruled:

The Employer DID violate Article XXI, Section 7 when it unilaterally revised Form 2 to include the four checkboxes that appear in the section “Return Ability.” The Employer is directed to rescind these changes and to rely upon the procedures set forth in Article
XXI, Section 7 for obtaining information regarding a firefighter’s injury or accident and for making determinations as to whether or not a firefighter is fit for full or light duty or whether the firefighter remains disabled from any duty.

The Employer violated Article XVI, Section 2 when it unilaterally revised Form 1 to include a release of medical records and an acknowledgement of criminal prosecution for making willfully false statements on that form. The Employer is directed to rescind those changes.