Firefighters Put Fate in Arbitration

The city of Anaheim and the Anaheim Firefighters Assn. today are taking their three-year contract dispute to a rare forum: binding arbitration. Anaheim is the only city in the county--and one of just a handful statewide--to have the option of using binding arbitration; voters approved the process, which allows for a neutral third party to finalize the contract, in 1998.

“This is being followed very closely. There isn’t a fire department in Orange County that isn’t keeping an eye on what’s going on in Anaheim,” said Dan Young, director of the Orange County Professional Firefighters Assn.

The city and its firefighters are at odds over what Mike Feeney, president of the Anaheim Firefighters Assn., said are dollars-and-cents issues.

“We felt that given the size of Anaheim, with the demographics and number of calls we go on, we should be paid comparable to the highest-paid fire departments in Orange County,” he said.

City spokesman Bret Colson said that in the past, the difference between what the firefighters wanted and what the city was willing to give amounted to $1.5 million. In lieu of a new contract, the city has abided by the terms of the old one.

Before voters approved the use of binding arbitration, the firefighters’ only choices were to sign or refuse the contract. Unlike other unions, firefighters and police cannot strike for public safety reasons.

To make binding arbitration a legal option, the firefighters gathered 22,400 signatures to put Measure A, an amendment to the city’s charter, on the November 1998 ballot. Feeney said the firefighters’ push for the measure was born of frustration: “We felt it was the only alternative. I’ve been here for 25 years and I don’t ever remember going through such a difficult time,” he said.

Despite the city’s stance that approval would take away the City Council’s ability to regulate wages paid to firefighters, voters passed Measure A by a margin of 2 to 1. The two sides continued negotiating until the firefighters declared an impasse in March, making it necessary, by the terms of Measure A, to begin arbitration.

The process involves a three-person panel listening to arguments from both sides. Once the hearing has concluded, the panel has 30 days to render a decision. The hearing is scheduled to last until Dec. 1 but could end earlier. The panel consists of one member chosen by the city, one by the firefighters and a third whose nomination was agreed on by both sides. That person, Michael Prihar, a professional arbitrator with experience in labor relations, will have the most influence in determining the contract’s final makeup.

Feeney acknowledged that binding arbitration may not get firefighters everything they want.

“We may end up having to settle for what the city offers. But at least it allows us to take a position and have a neutral, third party look at it and decide what is fair and right.”

For its part, the city wishes that the contract was not going to arbitration.

“As a professional negotiator, I believe the best negotiations are those agreed on by the parties,” said David Hill, Anaheim’s personnel director.