Obviously that was all before the lawsuit, and the lawsuit changed everything."
Local 168 President Barry Carter held a press conference to announce filing of the second suit in McCracken Circuit Court, saying it was an effort to be more public than when firefighters tried to file the first suit quietly.
"That backfired," he said, citing comments made by Paxton and commissioners in a televised city meeting. "The city came out swinging on us."
Carter announced plans for the second lawsuit in August, and said the delay in filing came because of the need to get all paperwork in order. He added that there were "a lot of prayers that it was the right thing to do." It was not something we needed to rush."
Commissioners George Sirk and Buz Smith, along with Paxton and City Manager Jim Zumwalt, are named as defendants along with the city. Fifty-six firefighters are listed as plaintiffs in the second suit.
Commissioners David Guess and Robert Coleman "are not named in the suit because they have not displayed any hostile action toward our membership," Carter said.
Carter said the timing of the second suit's filing had nothing to do with three firefighters being suspended without pay last week for accepting beef at thescene of a refrigerated truck accident in September. Multiple other police agencies are still investigating their officers' actions at the scene.
The new suit says the city "is obligated to participate in meaningful collective bargaining" with the firefighters, pursuant to a 1976 referendum stating the city and union will negotiate a contract that contains "no strike" and "no lockout" provisions. But Paxton called it an "advisory referendum" in saying that it "is interpreted by our legal team that says collective bargaining with all employee groups is done at the discretion of the commission. There is no requirement by this referendum that binds the city to negotiate."
In addition, the lawsuit refences other actions taken by the city.
"In an effort to intimidate the firefighters at the commission's proceedings (Feb.. 14), Mayor Paxton even had city attorney David Denton read the names of the overtime plaintiff firefighters out loud, so that the television audience would know their identities," Carter said. He noted that the "retaliatory suit" also addresses the cities suspension of the firefighter's educational reimbursements over several months earlier this year after the first suit was filed.
A three-member fact-finding committee assembled to resolve the impasse in contract talks met if June 5-6 and issued findings to Paxton and Carter on Aug. 11. The city, union and Kentucky Department of Labor each selected a representative for the panel, its recommendations were unanimous. The panel said the lawsuit and contract negotiations were unrelated, and that the firefighters should be five a 4 percent raise this year, in line with other city employees, but less than the 6.5 percent they sought.
The commission voted 3-2 in August to reject the recommendations of the fact-finding panel that would have essentially given both sides an agreed-upon outline for a new contract. Cater said that was another example of the city punishing the firefighters for their original lawsuit.
Paxton reiterated that "the city felt like it could not negotiate in good faith with a potential $6million lawsuit out there that would bankrupt the city."
Asked whether the implications to the city were considered in filing that lawsuit, Carter said it is still unknown how much, if anything, will be owed the firefighters. He noted that the successful multimillion similar lawsuit won by Louisville firefighters gave the Paducah union a precedent to follow.
Carter compared the firefighters' seeking compensation to the city's going after back payroll taxes owed by postal employees last spring.
"We are reasonable people, and were are not going to do anything that's going to do anything that's going to destroy the city," Carter said, adding "If you're not paying us correctly, then it is not your failure that you owe us money."
As published in the Paducah Sun on October 20, 2006
By Brian Peach, bpeach@paducahsun.com --270-575-8650
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