Emmaus Fire Department members want to unionize

Dec. 15--Some members of the Emmaus Fire Department are seeking to unionize, a move that has potentially significant financial ramifications for the borough and its taxpayers.

The Pennsylvania Professional Fire Fighter Association has petitioned the Pennsylvania Labor Relations Board to be certified to represent the Emmaus-based firefighters.

The petition, filed on Oct. 24, describes the proposed bargaining unit as all full-time and part-time firefighters, "including the deputy chief." The number of potential union members is estimated at 27. The fire department's website indicates that the organization has about 40 members.

It's not clear specifically what prompted the union certification request or how many of the members of the Emmaus department, some of whom live outside of the borough, support the union push. Attorney Stephen C. Richman, who filed the petition on behalf of the group, could not be reached for comment.

The borough has made its opinion on the matter clear.

"The borough has taken the position that the firefighters are volunteers and not employees and therefore not entitled to certification," said Jeffrey Dimmich, the borough's attorney.

Attorneys for the borough and firefighters plan to argue their cases before a Labor Relations Board hearing officer next month.

The firefighters are seeking to unionize under the state's police and firefighter collective bargaining law, which gives police and firefighters employed by a municipality the right to collectively bargain with the municipality. The issue may come down to whether the firefighters are considered borough employees.

The borough earmarks a little more than $500,000 in its annual budget for fire-fighting services. Of that, about $269,000 goes toward stipends for firefighters.

The borough a number of years ago implemented the stipend to help offset the drop in qualified volunteer firefighters. It is one of about a dozen Lehigh Valley municipalities that provides some level of pay and benefits to firefighters.

During budget talks last year, borough council discussed the possibility of eliminating payments for firefighters to stay on call overnight at the firehouse, which is staffed from 10 p.m. to 6 a.m. daily. Firefighters are paid based on their training level.

Council ultimately decided to restore that funding after pleas from firefighters and other residents.

For months, borough officials have been working with firefighters to develop an ordinance that details the procedures, guidelines and requirements for the fire department's operation.

The proposed ordinance describes the department as a volunteer organization, but classifies the fire chief, currently James Reiss, and the department's administrative assistant as borough employees who receive pay and benefits.

The ordinance would require the department to annually provide the borough with an itemized list of expenses for the department and the Emmaus Firemen's Relief Association, which receives funding from a 2 percent tax on fire insurance purchased by Pennsylvania residents.

The borough, which receives an allocation from that fund and passes it on to volunteer fire organizations, received nearly $82,000 in 2013, according to the state.

Borough Manager Shane Pepe said the borough decided to work on the proposed ordinance to streamline a number of ordinances and regulations related to fire-fighting services. He said the proposal that council was set to vote on did not include any significant changes.

"The borough worked hand in hand with the department to keep as much the same as legally possible," Pepe said.

He said council was advised by its attorneys to hold off on voting on the ordinance because of the union certification request.

Even if the request is approved, the firefighters still would have to hold a vote to unionize.

It's not clear what financial impact a unionized fire department would have on the borough. Wages and benefits could be determined by an arbitration panel.

The borough, which has a general operating budget of $8.8 million this year, earmarked $2.1 million for its unionized police department, which has 18 officers and a chief, according to borough budget documents.

Dimmich said that if the union certification is approved, the case could raise similar issues for other volunteer fire departments and municipalities across the state.

The Pennsylvania Professional Fire Fighters Association, which filed the union certification request, represents 10,000 paid firefighters in Pennsylvania. It is a member of the International Association of Fire Fighters, which is affiliated with the AFL-CIO.

patrick.lester@mcall.com

610-820-6764

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