YOUNGSTOWN — A Mahoning County Common Pleas Court judge ruled in favor of the State Employment Relations Board in its civil suit against Youngstown.

Judge John M. Durkin on Tuesday granted an injunction by SERB to stop the city from reducing the number of battalion fire chiefs through attrition.

“Youngstown is enjoined from eliminating the three fire department battalion chief positions until (SERB) issues a final order” in an ongoing case SERB is handling related to the questionable reduction, Durkin wrote in a one-page decision.

Also, the city’s request for an oral hearing to respond to SERB’s arguments was rejected Tuesday by Durkin.

The city already eliminated one of the battalion chiefs with the Dec. 3 retirement of Gary Ditulio. It’s unclear if the city will be required to promote someone as a battalion chief.

City Law Director Jeff Limbian said: “Frankly, I’m surprised by the decision. We’ll be appealing it. We don’t appreciate that it was interpreted that the law wasn’t on our side.”

The case will eventually head to the 7th District Court of Appeals, he said.

“It will be an appellate issue that will take many months, if not years, to unravel,” he said.

Charlie Smith — president of the city’s firefighters union, which was included as a plaintiff in the case by Durkin — said: “We’re very happy. We presented a clear case and the judge saw there were safety issues. This goes to show there are serious issues at the fire department. For a third party to determine this vindicates us.”

SERB ruled Oct. 31 “that probable cause existed to believe that the city had committed or was committing unfair labor practices” by retaliating against the union getting radio upgrades when it decided to reduce battalion chiefs. SERB had a Dec. 16 special meeting in which its members voted to seek the preliminary injunction.

SERB filed a civil lawsuit Dec. 18 against the city to stop it from cutting the number of battalion chiefs in the fire department.

SERB successfully sought an “injunction returning the union and city of Youngstown to the status quo as it existed prior to the alleged illegal acts of the city of Youngstown in eliminating” the positions.

SERB’s filing stated “the city is interfering with, restraining, or coercing a public employee union in the exercise of its rights guaranteed” under state law.

SERB contends the reduction is Youngstown “retaliating against the union for filing a grievance on the issue of the city’s refusal to provide safe radio equipment.”

The firefighters union has complained for more than two years about the inadequacies of the radio system and the need to upgrade it. On Dec. 5, the city agreed to upgrade the equipment — estimated to cost $285,000 — with the work to be done in late 2020.

City administration officials have said to pay for the upgrades, it would eliminate three battalion chief positions. City council voted Nov. 13 in favor of the reduction based on the recommendation of the administration.

The union and SERB say that’s retaliation and a safety issue. The second battalion chief responding to a fire serves as the safety officer at the scene, coordinating safety efforts. City officials say fire captains and lieutenants will be trained to be safety officers.

The union and administration have been at odds over the leadership of fire Chief Barry Finley, the battalion chiefs being reduced, the radio equipment, training issues and the closure last month of the North Side fire station.

Over the objection of the city, Durkin ruled Jan. 15 that the firefighters union was permitted to intervene in the civil suit.

In a Jan. 14 filing, Jeffrey Moliterno, the city’s senior assistant law director, asked for an oral hearing contending SERB made legal arguments that relied on federal cases.

Durkin rejected that request Tuesday and made his ruling based on written arguments.

Moliterno argued the hearing was needed not only to litigate this case, “but the future of Ohio cases dealing with” state law “as this court’s decision will have lasting impact across the state. This is particularly so because SERB is attempting to introduce novel legal arguments construing federal case law into the Ohio statutory framework.”