A wrongfully terminated Local president is back on the job, and fire fighters in another Florida Local have recovered more than $280,000 in back pay after years of wage miscalculations.
Both cases were resolved with legal support from the IAFF.
“Fire fighters should not be silenced for raising safety concerns or shorted on hard-earned pay,” General President Edward Kelly said. “Whenever that happens, the IAFF puts its full weight behind protecting our members.”
Florida Local president returns to work
Philip Smith, president of Palatka Local 2992, is back on the job after being wrongfully terminated for speaking out about fire department operations concerns.
“I am glad to be back as a fire fighter and Local president. We appreciate the IAFF and its General Counsel for navigating us through this process,” Smith, a 22-year veteran fire fighter, said. “We are grateful for the opportunity to work toward a positive path forward for the department, its employees, and the citizens of Palatka.”
The dispute began after the Local 2992 executive board raised concerns about training, staffing, and equipment with Fire Chief Christopher Taylor during a July 24 meeting. According to members, the chief was not responsive to their concerns.
The Local then called a meeting and voted overwhelmingly to issue a vote of no confidence in Taylor.
The city was notified of the vote on Aug. 4, and Smith was fired the next day without due process, with the city citing unspecified “performance deficiencies.”
Smith’s case was quickly approved for coverage under the IAFF Guardian Policy.
The General Counsel’s office wrote to Palatka city officials, asserting that no valid reasons were given for Smith’s termination and that the action violated his First Amendment rights. The letter also cited violations of Local 2992’s collective bargaining agreement and Smith’s due-process rights.
The city was asked to reinstate Smith with full back pay and the restoration of lost benefits, or face a federal lawsuit. The city complied and also committed to respecting Smith’s First Amendment rights in the future.
“We are grateful for interim City Manager Cynthia Curry’s decision to reverse the decision to terminate Philip,” 12th District Vice President Walt Dix said. “The IAFF appreciates her willingness to listen to our concerns and do the right thing. We hope this helps create a path forward for a better labor/management relationship.”
Osceola County fire fighters recover more than $280,000
In Osceola County, Florida, Local 3284 members will receive more than $280,000 in back pay following the resolution of a dispute over the calculation of special project hours and overtime.
“Local 3284 appreciates General President Kelly, District Vice President Dix, and the IAFF General Counsel for assisting my Local in recovering miscalculated wages,” Local 3284 President Adam Seithel said. “The IAFF is always here for us, the members. Between this issue and a separate pay issue with the battalion chiefs we have recovered almost $800,000 in lost wages.”
Special project hours are flat-rate for off-duty assignments such as teaching and EMS standbys. Although performed off duty, those hours must be accounted for when calculating overtime. Local 3284 members discovered the hours were being calculated incorrectly while researching a separate issue.
County administrators maintained that the calculations were correct, prompting Local 3284 to file a grievance.
When the case went to arbitration, Kelly approved it for coverage under the IAFF Fair Labor Standards Act (FLSA) Policy. IAFF counsel reviewed the case and found that there had been errors in calculations per FLSA requirements.
As part of the grievance and settlement process, IAFF counsel worked with the county to determine the correct compensation formula, resulting in more than $280,000 in back pay.
“The IAFF General Counsel went above and beyond to make sure our brothers and sisters’ wages were calculated correctly. And we appreciate them staying on this case until it was resolved, and our members were properly compensated after years of being underpaid,” Dix said.
