YOUNGSTOWN — The 7th District Court of Appeals dismissed a request from Youngstown that it reverse a judge’s decision permitting the city’s firefighters union to engage in binding arbitration over a grievance about promotions and out-of-rank pay.

The appeals court ruled 3-0 against the city’s appeal of the June 30 decision by Judge Maureen Sweeney of Mahoning County Common Pleas Court in favor of the firefighters union.

Unless the city files an appeal within 45 days of the appeals court decision to the Ohio Supreme Court, the two sides will choose an arbitrator to hear the union’s grievance.

“Local 312 is pleased with the court’s decision,” said Jon Racco, union president. “It’s a ruling we anticipated and we look forward to going to arbitration.”

Deputy Law Director Adam Buente declined to comment.

The city had unsuccessfully argued that the union contract requires the firefighters to file grievances within two weeks of an occurrence, and it waited several months so the request was invalid.

The union argued the issue is still ongoing and the arbitration request was timely and proper.

In its decision, the appeals court wrote: “In Ohio, arbitration is favored and any ambiguities in the language of a contract containing an arbitration provision should be resolved in favor of arbitration.”

It added: “The city, as the party opposing arbitration, must overcome the presumption in favor of arbitration. Both parties concede the substantive portion of the grievance is arbitrable.”

Also, it ruled: “We find the timeliness of the grievance is a procedural issue, which requires an interpretation of the CBA (collective bargaining agreement) and must be determined by an arbitrator. As a consequence, the city’s assignments of error have no merit and the judgment entry of the trial court sustaining the complaint to compel arbitration is affirmed.”

This issue was the latest in a series of arguments between the two sides on battalion chief positions with the union continuously winning court cases.

The 7th District Court of Appeals in December 2021 agreed with the union and the State Employment Relations Board that the city illegally retaliated against the fire union when it agreed to provide upgrades to the department’s radio equipment and then decided to save the money from that expense by eliminating three battalion chief positions through attrition in September 2019.

The appeals court also upheld a common pleas court decision that failing to promote a captain, Chad Manchester, to a vacant battalion chief’s position was contempt of court.

City council in February 2022 voted to restore the three positions, two of which were vacant, to comply with the court.

The city promoted Manchester from captain to battalion chief in March 2022.

But it wasn’t until February 2023 that the city promoted Tim Frease from captain to battalion chief. Sil Caggiano retired in June 2021 as a battalion chief.

Also, Tommy Gibbs was promoted from lieutenant to captain to fill Frease’s old spot and Josh McHenry was promoted from firefighter to lieutenant.

The city administration contends a position isn’t vacant until Mayor Jamael Tito Brown determines that to be the case because a civil service test has to be conducted and a candidate selected. A test was held in November 2022.

During the time between Caggiano’s retirement and the appointments, the union contends its members should have been paid for working out of rank and deserve back pay. No one actually worked out of rank, but the union says a battalion chief position should have been established shortly after Caggiano retired that would have resulted in lower-ranked firefighters being promoted so its members are entitled to the additional pay.

About a dozen union members are owed about $100,000, according to the union’s lawsuit.

Because back pay wasn’t granted and the promotion wasn’t timely, the union filed a grievance Aug. 4, 2022.

The city denied the grievance four days later on the claim it was untimely and without addressing its merits.

The union responded Aug. 25, 2022, stating the grievance is timely because the city continues to violate the contract “every day that the city refuses to compensate bargaining unit members for time that they should have had in rank through back pay and any other benefits lost as a result of the continuing violation.”

The city again on Sept. 8, 2022, denied the grievance contending it was untimely. Four days later, the union said it was going to take the matter to binding arbitration, but the city refused to participate.

The union filed the lawsuit Dec. 19, 2022.

Sweeney ruled June 30, 2023, that the union contract has a “broad arbitration clause and the subject matter of the instant grievance is covered by” that clause so the “grievance must be resolved through the agreed upon grievance and arbitration procedure.”

The city appealed the decision on July 25, 2023.

Over the past five-plus years, the firefighters union has filed numerous grievances, unfair labor practices and lawsuits against the city.

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