Judge Denies Firefighter Union's TRO Request

A request by Garden City's professional firefighters union to obtain a Temporary Restraining Order (TRO) against the village was denied in court April 18.

The union asked Justice Arthur Diamond to confirm an arbitration award issued in February that stated the village's career firefighters have "exclusive jurisdiction" over the operation of "first line apparatus" out of Headquarters when responding to calls.

The union further requested that the judge order the village to reinstate the six laid off firefighters and restore the demoted firefighter back to his position of lieutenant and also rescind new department operating guidelines issued April 6 that now enable volunteers to operate the engine and ladder truck out of the Stewart Avenue firehouse.

The union argued this change was in direct violation of the arbitration award.

"We think the court failed to address the application for the temporary restraining order, which was based upon concerns of safety for both the public and for firefighters," said Richard Corenthal, the attorney representing the firefighters union. "The court should have really addressed what we consider a substantial safety issue as a result of the new operating guidelines."

Two career firefighters currently work out of both the East and West firehouses while one lieutenant reports to Headquarters. Corenthal said these changes result in a "replacement of the paid firefighters with the volunteers" and "possible delays because that engine and ladder truck have to come from across town."

A village board majority, however, has maintained that reducing the size of the department does not impact community safety. A statement released by the board's Public Information Committee following the February vote to layoff the six firefighters and demote one lieutenant stated, in part, "Our residents can be assured that the new staffing levels will not impact public safety and all three firehouses will remain open 24 hours a day. The firehouses will continue to be manned by paid firefighters during all shifts, this is in addition to our 100 dedicated volunteers."

Village attorney Gary Fishberg told Patch that Justice Diamond's decision adopts what the village argued in court: it was a proceeding solely limited to confirming or vacating an arbitrator's award.

"All these other issues about layoffs and staffing and safety are all issues that are not part of this - or should not be part of this proceeding to confirm an arbitrator's award," he said. "The judge basically alluded to that, he said that in the last paragraph of his decision. The relief that they were seeking was not appropriate within this action, which is limited to confirming or vacating the arbitrator's award."

Fishberg confirmed the village is moving to vacate the award. 

While the union could appeal Justice Diamond's decision Fishberg said he's doubtful a court would overturn it. Corenthal, however, said the decision is being reviewed.