The mayor says the calls appeared to be a work stoppage amid contract negotiations, but the union says the calls were legitimate.

07/17/2003

BY AMANDA MILKOVITS
Journal Staff Writer

PROVIDENCE -- Dozens of firefighters called in sick yesterday and Tuesday night, prompting the city to race to Superior Court for a temporary restraining order against their union.

Mayor David N. Cicilline called Local 799 "irresponsible" for staging what he said appeared to be a work stoppage. But union president David Peters said the sick calls were legitimate.

"There was no union directive for them to call in sick or take a personal day at all," Peters said last night.

Yesterday, 63 firefighters called in sick during the day shift, and 32 firefighters called in sick Tuesday night, said Karen Southern, spokeswoman for the mayor's office. Usually, the daily sick calls average in the single digits, she said.

Journal photo / Steve Szydlowski AT CITY HALL: Providence Mayor David N. Cicilline answers questions from reporters about an apparent work stoppage by the city's firefighters.

The sudden sick calls left acting Fire Chief Gary Mulcahy scrambling to fill the shifts. By contract, the department must have a minimum staffing of 95 firefighters per shift. Some firefighters who were already working were forced to remain on duty, while others were called in on their days off. Filling the positions cost $19,000 in overtime yesterday, and $12,000 Tuesday night, Southern said. All of the fire stations were staffed, Cicilline said.

The city went to Superior Court yesterday afternoon and won a temporary restraining order against the union to require the firefighters to return to work. Judge O. Rogeriee Thompson granted the order after finding the union engaged in an illegal job action. According to state law, paid firefighters, rescue workers and emergency medical services personnel are not accorded the right to strike or engage in any work stoppage or slowdown.

The matter will go to a hearing before Judge Stephen J. Fortunato Jr. on July 30.

"I am outraged the firefighters decided to compromise the safety of their fellow firefighters, and potentially the residents of this city, by staging this irresponsible work stoppage," Cicilline said in a statement last night. "The union leadership had available other mechanisms to voice their concerns. Instead, they chose to jeopardize the welfare of the people of Providence, and that is unacceptable."

The sickout caught the city administration by surprise. The city and firefighters' union are in the midst of negotiating a contract; the last one expired July 1, 2001.

"We have a session scheduled this week with the firefighters' bargaining team," said acting director of administration John C. Simmons. "I had a conversation last night with the president of the union, who didn't raise this with me."

Cicilline said he saw some of the union leaders at the State House late Tuesday when he was advocating for a bill regarding the Providence Water Supply Board. The union heads didn't say anything to him about a sickout, Cicilline said. He found out late Tuesday night from Mulcahy.

Peters said that's because the union didn't call for a sickout.

"We're in negotiations. We have three dates scheduled [for talks with the city]. I would never jeopardize that process," Peters said. "This was never any union-directed work-stoppage."

The last time the Providence firefighters held a sickout was in 1988. About 100 firefighters called in sick during a three-day sickout over a contract dispute. The union was fined for violating a back-to-work court order, and the city sued to recover $100,000 in overtime costs. The suit was dropped when the union and the city reached a tentative agreement on a new contract.

Peters said the firefighters who called yesterday had legitimate reasons. By contract, the firefighters get paid sick leave of up to 15 days per year, including three personal days.

Peters said he checked into some of the sick calls yesterday. "I called my members and said, 'Are you sick?' " Peters said. "That's the best I can do, without sending a doctor to everyone."

Peters said he found out about the calls Tuesday night, around the same time he learned of transfers among upper management.

Mulcahy transferred Deputy Assistant Chief Guy Lanzi and Fire Marshal David Costa to posts as acting assistant chiefs. The positions have been vacant from retirements.

Peters said the union resented the transfer of Lanzi, an unpopular administrator who has come under criticism for advancing without taking promotional tests. The union wants merit testing for fire administrators.

Peters said he called Simmons Tuesday evening and told him he was dismayed with the moves. But the union didn't call for a sickout over them, he added.

The union has shown its displeasure with fire chiefs before. It staged a picket outside the downtown fire station in December over contract issues. It called for a vote of no confidence last fall when the union's former president was suddenly promoted to a newly created deputy fire marshal job.

Since January, the mayor has been pressuring the city unions to concede on health-care benefits. "From day one, we said we're willing to do our fair share," Peters said. "Our fair share may not be their fair share."

Peters said that having 32 firefighters fall ill, take a personal day or care for a sick family member, is not unusual. Sick calls increase especially after a traumatic fire and rescue, he said.

But 63 firefighters on one shift?

"I wish I could explain it," Peters said.