Nebraska Fire Fighters Win Sick Pay Dispute

April 16, 2009 – A Hall County, Nebraska, District Court judge has ruled that the city of Grand Island must return earned sick hours and pay step increases to Grand Island Local 647 fire fighters. The ruling came as the result of a dispute between Local 647 and the city over whether or not the city had properly implemented a Commission of Industrial Relations (CIR) order.

“Judge Teresa Luther’s decision was a true victory for Grand Island fire fighters,” says Scott Kuehl, president of Grand Island Local 647. “If the sick hours had been paid out in dollars, the city would have owed us $680,000. We simply wanted them to adhere to the CIR decision.” CIR hears all government labor contract disputes.

In September 2006, when contract negotiations between Local 647 and the city came to a standstill, Grand Island fire fighters took their case to the CIR.

In May 2007, the CIR ruled that the city’s new pay step plan (which included an additional step) failed to give fire fighters credit for years of service and good job performance evaluations. Additionally, the commission ruled that accumulated sick leave should total no more than 1,567 hours, but the city had been allowing up to 2,880 hours.

After the ruling, the city took away sick hours from all fire fighters who had accumulated more than 1,567 hours. But, it was Local 647’s position that its members had earned the extra sick hours during the previous contract which allowed for 2,880 hours.

Additionally, the city was not allowing some of Grand Island Fire Department’s most senior fire fighters to advance to the top step.

Based on those two issues, Local 647 filed suit against the city in District Court in October 2007.

After recently hearing the case, Judge Luther ruled in favor of the fire fighters, saying that any sick leave accrued before October 2006 qualifies as deferred compensation and should not have been taken away. Those hours were ordered to be returned.

She also said that time served should be considered in the new pay scale and, therefore, some senior fire fighters should be moved to top pay. Those same fire fighters are entitled to back pay retroactive to the current contract’s start date.