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Judge blocks city from creating fire commander post

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By Lou Grieco, Staff Writer 1:16 AM Tuesday, June 2, 2009

DAYTON — A Montgomery County Common Pleas judge has prevented the city from creating the position of house commander, as the firefighters union requested, but is allowing some compromises until an arbitrator can decide the matter.

Judge Michael L. Tucker issued the injunction May 29. City attorneys were not available for comment Monday, June 1.

At issue is an order that creates the position, which was to go into effect May 18. The city agreed to delay implementation until May 29.

According to the motion from the International Association of Firefighters Local 136, it would require lieutenants and captains “to work out of rank” in violation of the bargaining agreement between the city and the union.

Tucker’s injunction prohibiting the position of house commander will remain in effect until an arbitrator can rule on the union’s grievance.

The injunction allows the city to require employees to work one rank above their classification if those employees are on the civil service promotional list for that higher rank. Before working out of rank, those employees will receive training, the order said.

The union represents 10 district chiefs, 23 captains, 45 lieutenants, plus firefighters and paramedics.

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