Firefighters reject report of fact-finder

Youngstown union’s contract expired May 31, 2023; both sides say ready to bargain

YOUNGSTOWN -- The city's firefighter union overwhelmingly rejected a fact-finder's report that would have increased the pay of members, but would have made it more difficult for them to obtain overtime.

The union rejected the nonbinding report 85-4 from factfinder Barton Bixenstine, a Shaker Heights attorney.

Jon Racco, firefighters union president, declined to discuss the reasons behind his membership's strong rejection of the report, except to say there were "many, many issues."

In order for a factfinder's report to be rejected, at least 60% of the union's membership or city council needed to vote against it.

With 111 union members, 66 "no" votes were needed to turn down the report.

City council didn't vote on the report at its Wednesday meeting as it wasn't presented to the legislative body by the administration, which supported the report.

Finance Director Kyle Miasek said there was no reason for council to vote, particularly after the union rejected the report.

"We're not required to put it in front of council for a 'yes' vote though we would have recommended supporting it," he said.

Racco and Miasek said the sides are willing to return to the bargaining table.

"If nothing comes of that, both parties would work to pick an arbitrator and what items we couldn't come to an agreement on would go to binding arbitration," Miasek said.

There were six negotiation sessions last year before Bixenstine was selected as the factfinder.

The union has been without a contract since the last deal expired May 31, 2023.

The two sides asked Bixenstine to resolve 15 issues.

The union wanted 3% annual salary increases for three years, starting in 2024, while the city offered 2.5% for the three years, which is in line with what it has given other employee unions.

Bixenstine agreed with the city's proposal for 2.5% annual raises, but added a $500 salary increase in 2024 to all fire union members.

Bixenstine also agreed to eliminate the entry-level salary of a firefighter, which is $37,145 annually, and make the second step on the pay scale, which is $39,145, the annual starting pay.

In 2023, one firefighter was at the entry-level salary and three were at the second step.

Bixenstine wrote the $500 salary increase for all firefighters was to make up for a change he recommended from the city to pay firefighters overtime if they don't call off sick during a 28-day pay period. The city has received that concession for seven-day pay periods from all other unions. Because firefighters work 24 hours and then are off for 48 hours before returning for another 24-hour shift, their pay dates are different from all other city employees.

City officials argued to Bixenstine that firefighters are abusing the sick call-off policy, driving up overtime, while firefighters have said they are short-staffed and to cut down on overtime the city has closed fire stations posing a danger to residents.

Bixenstine sided with the union in increasing the uniform allowance from $1,200 annually to $1,250 this year and $1,350 in 2025 and 2026. The city wanted to keep it at $1,200.

He also declined the city's request to increase the union membership's contribution to insurance premiums from 10% to 15% starting in 2026.

But Bixenstine agreed with the city to increase hazardous duty pay from $820 to $850 annually. The union wanted that raised to $1,000 in 2025 and $1,150 in 2026.

Three years ago, the city signed a contract with the firefighters union to increase the starting pay by 46% and provide the largest salary increases in 15 years to members. The raises were 1% in 2021, 2% in 2022 and 2.5% in 2023 -- in line with what the city gave other employee unions for those years.

Meanwhile, at Wednesday's meeting, council voted on 13 ordinances to increase annual purchase orders for the sanitation, demolition and zoning departments.

Those ordinances weren't approved at council's Jan. 2 meeting as some members had questions and Michael Durkin, the city's housing demolition and code enforcement superintendent, who supervises those departments, wasn't in attendance.

Of the requests, Durkin lowered the amounts of five of them. Council voted in support of all 13.

Council also voted to amend its agreement with the Ohio Environmental Protection Agency and the Ohio Water Development Authority for a $2.9 million loan to replace about 300 water lines, several of them with lead, on and near Mahoning Avenue.

The loan is for 20 years and would forgive the principal amount, requiring the city to pay only the interest of about $1.5 million, Water Commissioner Harry L. Johnson III said.

dskolnick@vindy.com