The Kentucky Court of Appeals yesterday upheld a lower court's decision in favor of a Newport firefighters' union that claimed the city engaged in unfair labor practices.
But a three-judge panel sided with city officials in ruling Campbell Circuit Court did not have the authority to award the union more than $306,000 in lost overtime and more than $14,000 in attorney fees.
"Although the firefighters are not entitled to compensation for overtime opportunities which they lost as a result of the city's conduct, the city still engaged in an unfair labor practice by refusing to bargain collectively," Judge William L. Knopf wrote.
At issue was whether city officials violated the collective bargaining agreement between Newport and the International Association of Firefighters, Local 45.
Union officials claimed City Manager Philip Ciafardini had on-duty firefighters distribute a city newsletter to homes and businesses. That violated the labor contract by giving firefighters additional duties not agreed on through collective bargaining, the union argued.
Also, the union contested the city's decision to increase the number of firefighters from 36 to 39 without changing the minimum staffing level. The firefighters claimed that also should have been negotiated because it cut their overtime pay.
A hearing officer in June 2002 partially sided with the city, finding that the newsletter delivery did not break the labor agreement. The hearing officer did rule that changing the number of firefighters was a "material change" to the contract and needed negotiations. The hearing officer recommended the Kentucky State Labor Relations Board issue a cease-and-desist order to force the city and union into negotiations.
The board found the delivery job was an unfair labor practice. It also found hiring extra firefighters violated the contract, and that firefighters should be reimbursed for lost overtime.
City officials appealed to the circuit court in January 2003, which ruled in the union's favor and awarded the firefighters lost overtime pay and attorney fees.
With its ruling yesterday, the appeals court upheld the circuit court's ruling on unfair labor practices, but reversed the damages and attorney fees to the union.