An independent arbitrator has ruled Coatesville acted improperly when in July it reduced the status of two, full-time firefighters to part-time and now must return the two to full-time status and return any lost wages.

Career firefighters James Lentz and Brandon Shaut were demoted to part-time on July 27, following council's approval of City Manager Harry Walker's plan to reduce payroll expenses as the city struggled with a budget deficit. Six, full-time city employees were also laid off. Walker said the personnel cuts would save the city $400,000 annually.

The Coatesville Professional Firefighters Association, of which Lentz is president, claimed the reduction in hours was tantamount to a layoff and was in violation of its contract with the city. The arbitrator, Daniel F. Brent, agreed:

"Contrary to the city's assertion, cutting the hours of a full-time career firefighter from fifty-three hours per week to a vastly reduced part-time schedule of approximately half that number of hours per week, accompanied by a total discontinuation of fringe benefits such as health insurance, disability insurance and dental insurance, is not simply a reassignment or an immaterial alteration of any employee's work schedule," said Brent in a 23-page finding obtained by the ChesterCountyReporter.com.

"While the city's actions may have been motivated by a sincere desire to improve efficiency and minimize overtime, the city's assertion that these personnel actions did not constitute layoffs cannot be sustained," he said.

Coatesville's full-time firefighters work a 53-hour week; however, they are not paid overtime unless they exceed 106 hours in a 14-day period.

The city was represented at the Aug. 30 arbitration hearing by City Solicitor Andrew Lehr and Assistant City Solicitor Marvin Powell. Richard Poulson represented the firefighters union. Also present at the hearing were Fire Chief Kevin Johnson; Craig Weaver, union secretary and treasurer; Walker; and Lentz.

Specifically, Brent ruled the city violated Article 38 of the collective bargaining agreement with the firefighters union that "explicitly prohibits laying off a full-time career firefighter before all part-time firefighters have been laid off."

Brent ruled the job protection for full-time firefighters showed recognition by both parties negotiating the contract the "important role of the full-time career firefighters in maintaining the professionalism and competence of the fire department's ability to protect the citizens of Coatesville . . .

"Consequently, the clear and unambiguous contract provision whose application is being disputed in the instant case is not 'ridiculous' as characterized by the city, but embodies and expresses the foresight of the parties in averting just the type of adverse personnel action that precipitated the instant grievance."

Brent also ruled that Fire Chief Kevin Johnson performed work reserved exclusively for the bargaining unit and permitted volunteer firefighters to work in place of career firefighters who were available to work.

Brent ruled against the union in its argument that the hiring of a third, firefighter for all shifts was triggered under the June 2005 Interest Arbitration Award by the construction of the Brandywine Health Center.

Under the June 2005 Interest Arbitration Award, the triggering event was to be the payment of $5 million in building permits by preferred city developers. But Brent ruled the one-time payment of approximately $50,000 in building permit fees resulting from the Brandywine Health Center did not come close to meeting the $5 million trigger called for.

Regardless of the Interest Arbitration Panel's actual intent, the union has been unable to demonstrate persuasively that the Brandywine Project is being developed by an entity that continues to be a preferred developer or that the applicable threshold amount established . . . has been achieved," Brent wrote.

Brent wrote that if the city finds itself in financial distress, it must approach the union to obtain relief by modification of the collective bargaining agreement. "Resorting to unilateral self-help . . . is improper and illegal," he said.

The city argued that years of operational deficits justified changing the status of the two full-time career firefighters. The city contended operational deficits confronted by the city increased each year since 2001 from a surplus of revenues over expenditures of $641,656 in 2001 to a deficit of $4.3 million in 2005 and a similar deficit in 2006.