Denial of Merit Step Raises Grievance
IAFF and the C.O.N. Headed to
the Oklahoma Supreme Court - UPDATED
02/17/12
(after Firefighters Win Ruling...) The following
are the most recent updates. Stay Informed!
UPDATE: February 17, 2012 - A tentative date of Friday, April 13, 2012 has been slated for the 'Brief Date' with the Oklahoma Supreme Court in the matter pertaining to this grievance.
UPDATE: February 14, 2012 - The City of Norman submitted their Plaintiff/Appellant Reply Brief to the Oklahoma Supreme Court.
UPDATE: January 25, 2012 - Attorney Jim Moore submitted IAFF Local 2067's Answer/Response Brief and filed the brief with the Oklahoma Supreme Court.
UPDATE: January 10, 2011 - As of this date, the IAFF and the City of Norman are currently entangled in an Oklahoma Supreme Court Appeals process which has yet to begin. The wait time is undetermined. The idea this appeal to the highest court in Oklahoma should prohibit or hold back due process under which the Fire & Police Arbitration Act provides is still being debated in the legal minds of those defending the City in an attempt to circumvent those same proceedings.
The City's legal advisors and
representatives are continuing to claim the arbitration for
this grievance 'hinges on issues that will be determined in the
pending appeal before the
Supreme Court in Oklahoma'. They also believe 'the arbitration
should not proceed while
the appeal is pending'. They have gone as far as sending a
notice to chosen arbitrator,
Diane Dunham Massey, enforcing the claim that the planned
arbitration is 'improper,
duplicative and wasteful'.
The IAFF is awaiting its own conversation
with our legal representative to determine how
to respond to these attempted setbacks.
UPDATE: December 16, 2011 - The City of Norman has submitted its "Brief in Chief" to the Oklahoma Supreme Court.
November 18, 2011 - It is being learned the list of arbitrators for this merit step grievance was reviewed and "struck" by the City of Norman legal representatives, McAfee & Taft.
While this moves the process another step closer to having the grievance heard by an arbitration panel, the City maintains a wish to hold fast to the believe they could bypass an arbitrator as they await a ruling from the Oklahoma State Supreme Court. The thought appears to be the case supported by the City of Norman hinges on issues hung in the balance yet to be determined by the pending appeals process. Therefore, Norman does not believe the arbitration should proceed [as of yet] while the appeal is remains unsettled.
However, as mentioned before, Norman did strike the list of arbitrators, yet is awaiting a courts decision to favor their proceeding before committing further to an arbitration.
July 12, 2011 - The City Manager brought to the IAFF another response relating to this grievance of 'Denial of Merit Step Raises' without negotiation and settlement. (Read City Manager's response...)
July 1, 2011 - No decision by the City found today to take the IAFF to a Referendum vote. The Arbitration Panel will apparently hear and decide in favor of the IAFF and consequently find the City Manager being less than truthful in his grievance response on June 21.
June 23, 2011 - The IAFF Local 2067 has sent the City of Norman a notice of request for arbitration in this matter. (Read Arbitration request...)
June 21, 2011 - The City Manager denies this grievance claiming the City is still within the time frame of the fiscal year the grievance states the C.O.N. defaulted on the CBA. The denial tends to say the City has 9 more days to make a decision; therefore, the grievance is denied. (Read City Manager's Grievance response...)
June 3, 2011 - The Fire Chief has responded to this grievance stating it was 'outside his authority'. The grievance moves forward to the next step; in the hands of the City Manager. (Read Chief's Response...)
May 31, 2011 - The IAFF finds itself in Oklahoma State Supreme Court with both the City of Norman attempting to force its failed way to a higher court. The IAFF filed the following with the Oklahoma Supreme Court at the end of this May, 2011: Response to Petition in Error, Motion to Dismiss and a Motion to Strike.
May 27, 2011 - In connection with this grievance, the IAFF finds itself under the Citys' false impression that 'merits' should not be restored for FY11 since the City of Norman opted NOT to submit the District Courts' approved ballot to the Cleveland County Election Board. Thus, the IAFF submitted an official statement of fact to the Oklahoma Supreme Court today. (Read the Affidavit...)
May 13, 2011 - Since the City has opted not to go to a vote of the people, and since it is now too late to do so, the Arbitrator's selection of the IAFF last best offer is now the contract for this year. Therefore the City, in its failure to pay the step raises this year provided for by the contract, is met with this grievance. The City is required to give the members their steps under the FY 2010-11 CBA, and failure to pay those steps is in violation of the CBA. (Read Grievance...)