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Firefighters say city acts unfairly toward workers who are injured on job
By Carl Chancellor
Beacon Journal staff writer
Published on Sunday, Oct 05, 2008
The only thing clear about how the Akron Fire Department deals with its injured firefighters is — well — nothing.
Depending on who is speaking, the department is either a responsive and efficient operation handling injury and sick leave claims, or it is an inconsistent, fly-by-the-seat-of-its-pants outfit.
''They have no written policy,'' said Phil Gauer, president of the city's firefighter union Local 330. ''The decisions that are being made are all over the place and it seems to depend on who you are.''
During a meeting in late August — which included several City Council members and a half dozen firefighters — Gauer rattled off several incidents as examples of firefighters being treated unfairly by fire officials and the city administration.
He places most of the blame squarely at the doorstep of Fire Chief Larry Bunner, branding Bunner as ''the biggest problem.''
But even though Bunner, who was named chief in 2007, declined to comment specifically about the union claims, he said the department is following the same procedures used by the previous chief, Charles Gladman.
And those policies, he said, are ''nothing different from what we have been doing for years.''
Examples from union
The examples, though, that Gauer took to council members — many of which he said are violations of the union's contract — ranged from firefighters being docked for sick pay when they should have been on injury
leave to being unilaterally placed on workers' compensation to a female firefighter being disciplined for not having a ''proper'' doctor's note.
Gauer said the union has made its displeasure known to the city. It has filed an unfair labor practice on sick-leave issues involving 10 firefighters, and has registered seven grievances on the subject. The union has also lodged a state Equal Employment Opportunity Commission (EEOC) complaint on behalf of the female firefighter disciplined for the doctor's note.
''She was disciplined because she failed to state the nature of her illness when she reported off duty,'' Gauer said. But he said as far as he knows, there is no requirement that a firefighter provide a doctor's note that includes a diagnosis.
Gauer pointed to a section of Akron's sick-leave policy that requires a doctor's note only when an employee is absent from work for two or more consecutive days.
''She only missed one day, so she didn't even need a doctor's note,'' Gauer said.
Sick leave
But the issue Gauer and his Local 330 members find most upsetting is what they say is a common practice by fire and city officials of keeping firefighters who are hurt on the job on sick leave rather than granting them injury leave.
Gauer, who said it is a matter of economics, noted that firefighters lose money when they are forced to use up their sick leave because there are financial bonuses tied to attendance.
In addition, firefighters upon leaving the department are paid for unused sick leave, up to 960 hours, which can equal thousands of dollars.
Johnny Hullum, 56, who will have 27 years in the Akron Fire Department this month, said he had planned to retire a few years ago, but had to keep working when he discovered he had been charged with 911 hours of sick leave. He said he couldn't afford to lose the more than $30,000 those sick-leave hours represented.
''I got hurt rolling hose coming off a back of an engine when I felt pain in my back,'' Hullum, a firefighter/paramedic, said of the 2002 mishap.
''For three months, before I had surgery, I couldn't walk. I was at home crawling from room to room.''
Eventually, he said, it was determined that his injury was job related and he had surgery to his spine in January 2003.
Ultimately, Hullum returned to work on light duty, but he said he had used up nearly six months of sick leave.
The union argues that once Hullum's injury was listed as work related, his sick leave should have been converted to injury leave.
''We've been fighting five years to get my sick leave back,'' Hullum said. In the meantime he has built his sick-leave bank back up nearly to the 960-hour limit, which appears to make his claim moot.
''I think that was the point all along,'' Hullum said, speculating on why the city disputed his grievance for five years.
Back injury
Likewise, it was a back injury that befell former Akron firefighter Michael Shaughnessy, who was forced to retire in 2003.
Shaughnessy, 40, was a seven-year veteran of the department when he said he injured his back working around the firehouse.
''It isn't a heroic story. I was moving a desk,'' Shaughnessy said. After surgery to repair several herniated discs, he said, he was advised by doctors that he risked permanent injury if he returned to duty.
Shaughnessy's injury was also determined to be work-related, and he expected the sick leave he was forced to use would be reinstated. It wasn't.
Shaughnessy and the union contend he was owed at least $12,000 in sick leave-pay when he left the department.
''I was told during my training,'' Shaughnessy said, ''that the department takes care of its own. . . . I was let down.''
Gauer said the problem with sick leave seems to be unique to the fire department.
''The city's other unions don't have these kinds of problems, only the fire department,'' Gauer said.
He said that police officers hurt on the job are immediately placed on work-related injury status, a claim backed by the Akron police union.
Bunner said he was reluctant to speak about union-management problems.
''There have been discussions about these issues with the union and we are in negotiations,'' Bunner said. '' . . . It's a management-union problem and I don't know if I can comment about it.''
The chief said the union can ''sit down with me'' anytime to discuss its concerns.
But James Masturzo, deputy mayor of labor relations, disputed Gauer's claims on a number of issues, especially his characterization of Bunner.
''I've been with the city 32 years and Chief Bunner is one of the best chiefs we ever had,'' said Masturzo, who added that he was disappointed that the union went to the press with its complaints.
''I felt that we were handling things well internally,'' Masturzo said.
The deputy mayor took issue with the union's claim of unfair treatment in connection with the disciplined female fighter.
''It was about an insubordinate attitude,'' he said. ''She was paid for her sick leave.''
In addition, he said in the case of Hullum and Shaughnessy and two other sick-leave disputes, a settlement was offered.
''I made an offer to settle this and the offer was rejected by the union,'' Masturzo said.
Further, he said there is ''no guaranteed right to injury leave'' in the union's contract with the city.
The dispute between the fire department, the city administration and the union is particularly disappointing to Tim Kling, a retired firefighter who had hoped his battle with his former employer more than six years ago had settled many of the personnel issues the firefighters union is dealing with today.
''The last thing someone hurt on the job wants is to get into a fight. . . . I've known some firefighters who had gotten injured on the job and wouldn't file because they didn't want the hassle,'' Kling said. ''That is wrong.''
Kling, who retired in 1997 after 31 years on the job, said he knows about hassles.
It took him nearly five years of fighting with city officials to have his colon cancer — the result of exposure to asbestos and other hazardous material while fighting fires — deemed work related. The city appealed his claim to the Industrial Commission — which oversees workers' compensation awards — 11 times. The city was prepared to take the case to trial when Mayor Don Plusquellic, who learned about the case from the Akron Beacon Journal, intervened. Kling became the first Akron firefighter to receive workers' compensation benefits for job-related cancer.
''What is going on now is an extension of the fight I had with the city. It was wrong six years ago. It is wrong now,'' Kling said.
Not long after Kling won his fight, a deal was brokered by Akron City Council that called for the establishment of a four-person panel to help streamline the workers' compensation process and eliminate years of appeals.
That panel, which was to include representatives from the city's law, finance, benefits and labor relations department, was to be implemented in 2002.
''A four-person panel? That's news to us. It has never come up in any of our discussions,'' Gauer said. ''Who are these four people?''
Ward 4 Councilwoman Renee Greene remembers when City Council's safety committee called for the panel. The union asked her to look into their complaints.
''To my knowledge, it is not in place,'' Greene said. ''If it was, we wouldn't be in this situation.''
But Masturzo, deputy mayor for labor relations, said the panel is in place and doing its job.
''It's been in place since 2002,'' he said, noting that the panel, which meets at least once a month, doesn't make a determination about specific claims but decides whether to appeal a decision.
''Last year [2007], I think we only appealed five out of 75 [firefighters union's] claims,'' Masturzo said.
Each workers' compensation claim is unique, he said, and ''sometimes workers' comp claims will be appealed.'' Often the appeals are mandated to correct minor errors in claims.
''Sometimes the name is wrong on a claim and it has to be appealed,'' Masturzo said. Other times, he said, an injury is mistakenly listed as being to the left shoulder, when it is the right shoulder.
''Every case is different,'' he said.
Greene said council's ''hands are tied'' and all it can do is strongly recommend that Plusquellic look into the contrasting claims.
''This is something that has to happen from the mayor's office,'' Greene said.
Carl Chancellor can be reached at 330-996-3725 or cchancellor@thebeaconjournal.com.
The only thing clear about how the Akron Fire Department deals with its injured firefighters is — well — nothing.
Get the full article here.
Comments
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Tallmadge, OH
Posted 09:09 AM, 10/05/2008
False wroker compensation claims is one of the reasons so many businesses are leaving Ohio. They can't afford to pay them. The same goes for the city of Akron and it's fire fighters. I support the city on this issue.
Akron, Oh
Posted 10:05 AM, 10/05/2008
Older than Dirt, are you accusing the firefighters of making false claims? That's a bold statement if it is true. Perhaps you missed the WHOLE article. The point is that the City takes injury vs sick time from firefighters, depending on what they see fit. I believe the union's stance is they would just like a policy, period.
Posted 11:56 AM, 10/05/2008
The city seems to enjoy screwing over the safety forces. Interesting.
Orrville, Oh
Posted 12:32 PM, 10/05/2008
Demanding every corporation, farmer, business, outsourcer sweatshop, and nonprofit, tax-exempt, organization and Church markets the cost in the wholesale and retail price of his or her product and service. Of Fathers disqualified for affirmative action with white skin, Union workers, consumers, taxpayers, and Americas grandchildren, low-income workers, volunteers without wages, and nonunion parasites willing to work for fewer wages than they can afford life. Fund cost of firefighters injuries, rehabilitation, and death. With money derived from wages or independent business profit.
Complies with demands of Natural Law (what Mother Nature, God, or Whatever Power decreed to be the reality of the real world), God, democracy, capitalism, the US Constitution, and free, fair, and affordable commerce.
Demanding every corporation, farmer, business, outsourcer sweatshop, and nonprofit, tax-exempt, organization and Church markets the cost in the wholesale and retail price of his or her product and service. Of firefighters injuries, rehabilitation, and death, every workers, consumers, and taxpayers living (including pension and health care). Enabling parents to love, nurse, nurture, discipline, protect, and provide, for every child (job) they conceive and fund schools, infrastructure, national security, government services, and etc.; with money derived from wages or independent business profit.
Posted 01:52 PM, 10/05/2008
So if I understand this correctly, they receive paid sick time (something not every employee receives) but they don't want to USE said paid sick time when they are injured, which it seems is when they SHOULD be using it. And what they want is to get "injury leave" whereby they get their FULL SALARY while off on leave, PLUS they get paid out their sick time which they didn't have to use, when they retire. I agree the fire dept should take care of their own but since when is receiving your FULL PAY and using sick leave while not working, not taking care of your own?
And asking for a reason for a drs note with some explanation for the absence seems reasonable to me.
Why did the union choose to air their dirty laundry in this fashion? This just emphasizes what benefits these firefighters have already, that most of us don't enjoy.
Posted 02:16 PM, 10/05/2008
Vivian, if an injury occurs on the job then by law the injured worker should receive benefits from Worker's Comp with no out-of-pocket expense. The city took these worker's accrued time when Worker's Comp should have covered the time off and treatment costs. Using sick time is for illness or injury that occurs unrelated to the job.
Whether or not you approve of a firefighter's benefit situation compared to others, right is right, and the law is the law.
Posted 02:44 PM, 10/05/2008
Hank I agree with you,it would be the same if I got hurt at my place of employment,I would claim workers comp and it would not come from my sick time.
akron, oh
Posted 04:13 PM, 10/05/2008
Regardless, all city workers get a great benefit package that is costing the city - and the taxpayers - too much money. It is time for gov't. workers to get on the dame playing field as the rest of the world.
AKRON, OH
Posted 04:58 PM, 10/05/2008
I ALMOST DON'T KNOW WHERE TO BEGIN. THE RULES HERE SEAM TO BE WRITTEN CLEARLY ENOUGH. THE CITY IS LOOKING TO CONSERVE FUNDS, SO THE SCREWS ARE PUT TO THESE FIREMEN. HOW DO YOU THANK MEN WHO RUSH INTO A STRUCTURE THAT IS ON FIRE TO ENSURE THE SAFETY OF THOSE INSIDE ? YOU DO NOT COUNT PENNIES !! AS JUST AN OBSERVER, I, FOR ONE, APPOLOGIZE FOR THE MISCONDUCT OF YOUR BOSSES.
Posted 05:05 PM, 10/05/2008
Tim what do u do for a living? The saftey forces of Akron deserve a little extra for what they do. They are a union shop and for the past 30 plus years they have fought for the extras. Since when did everything in the world have to be played on the same field.
Posted 06:18 PM, 10/05/2008
Firefighters are told from day one in the training academy that if they are injured on the job, or made sick from exposures encountered on the job, they or their survivors will recieve workers comp. benefits. That is the city's promise and is also mandated by state law. The law applies to just about every employee in the state, regardless of occupation. Historically the city would "carry" you on injury leave for up to a yeard, if need be, and then you would be evaluated as to separation or further employment. The nit-picking, multiple appeals by the city serves, in many cases, to complicate or block much needed treatment and rehab for job related injuries. To make an injured firefighter crawl around on the floor for 2-3 months before being able to get needed back surgery
is unconcionable. The city, under the "guise" of minor mistakes etc. seems to try to save money at the expense of their injured firefighters. A sick leave/injury leave policy with very clear guidelines and ongoing oversight by BOTH sides would go a long way toward making this system fair to all involved. The "Committee"? I've heard about but, like Renee Green, have never seen proof of their existence nor any actions they may have taken. To put it clearly - sick leave is earned and accrued on the job & injury leave is mandated by state law and promised by the city.
akron, oh
Posted 08:22 PM, 10/05/2008
The battle over sick leave versus injury leave has been an ongoing problem on the Akron Fire Department for as long as I can remember. The job of a firefighter brings with it a greatly increased chance of illness or injury due to the nature and hazards of the job. Firefighters for the City of Akron perform many hazardous duties in conjunction with fighting fires. These duties include EMS,SWAT Medic,Haz-Mat Team,Dive Team,and Technical Rescue Team, all of which are very dangerous and physically demanding. Back injuries are a common occurance even though many firefighters strive to keep themselves in good physical condition. All aspects of the job involve heavy lifting and often extreme exertion. So, if a firefighter injures himself/herself while performing any of these duties, that injury should be covered by worker's compensation. All Ohio employers pay into the Ohio Worker's Compensation system expressly for work related illnesses/injuries. Sick leave is for illnesses or injuries that occur off-duty. Sick leave provides firefighters with their regular pay until they are well enough to return to duty. The firefighters earn these sick leave hours according to the contract agreement between the City of Akron and Akron Firefighters Union Local 330. I feel that it is undoubtedly advantageous for the city to deny worker's comp. claims and to try to force it's firefighters to burn their sick leave. I'm sure their is some financial incentive offered to the city by the BWC to reduce the number of injury claims, and there is WITHOUT A DOUBT a huge savings to the city if they can get the firefighters to use their own sick leave versus being off on worker's compensation.
Posted 09:52 PM, 10/05/2008
But if there was an open workers comp claim wouldn't the Bureau of Workers Comp pay temporary total disability compensation? That seems to be the norm. Sounds like maybe these employees are not asking for tt, not asking to use their paid sick leave but are asking for yet another benefit called injury leave? Workers comp issues would seem to me to be between the bureau of workers comp and the employee. The BWC not the city would decide if a claim is valid.
If there was a violation of the union contract, a grievance/arbitration seems to be the way to go, and this would have been resolved a long time ago by an arbitrator. Perhaps there is no violation of the union contract but this is something the firefighters just don't like the city to be doing. Maybe when they negotiate their next contract they should get this injury leave put in there That seems to be a more reasonable course of action than going to the ABJ!
Don't know what Tim does for a living but in the private sector people don't get paid for their unused sick time, that I am aware of. And I wouldn't qualify 30K as "a little extra"!
