Jan. 17--WATERTOWN, NY-- The bitter contract dispute between the city and the firefighters' union could last much longer than the year deadline that City Council members hope.
Syracuse attorney Nathaniel Lambright, who is representing the Watertown Professional Fire Fighters Association Local 191, warned on Tuesday that the labor dispute may not be resolved for another two to 2 1/2 years while it continues through the lengthy appeal process.
He made that assessment after a state Supreme Court judge reserved decision on Tuesday on the city's motion for a stay of arbitration over the "minimum manning" clause, which requires 15 firefighters must be on duty at all times. It's been the main sticking point during the 3 1/2 -year contract stalemate.
"If we win, the city is going to appeal," he said. "If we lose, we'll take it to an appeal."
Supreme Court Judge James P. McClusky is expected to announce his decision within the next couple of weeks.
Just two weeks ago, council members decided to retain labor attorney Terry O'Neil's services until the court decides the minimum manning issue. They expressed frustration that the labor dispute with the firefighters union has not been resolved, saying they are willing to give Mr. O'Neil this year to end it.
Going into an executive session on Tuesday night, Councilman Cody J. Horbacz declined to comment, adding he first wanted to hear from staff what happened in court earlier in the day.
Speaking to reporters after the hourlong court proceeding, Mr. Lambright, of the Syracuse law firm of Blitman & King, said he's sure both the city and union will take the matter to a higher court no matter what Judge McClusky decides.
At the end of the court proceeding, even Judge McClusky acknowledged that it will head to the Appellate Division, Fourth Department, in Rochester, for an appeal.
But Mr. O'Neil declined to say whether the city intends to appeal if Judge McClusky rules in favor of the firefighters, since it would be up to the City Council and City Manager Sharon A. Addison to make that decision. An appeal would take about nine months, Mr. O'Neil acknowledged.
Speaking to reporters after Tuesday's court proceeding, Mr. O'Neil, a Long Island labor and employment attorney with Bond, Schoeneck & King, explained his strategy about preventing the dispute going to an arbitrator.
Mr. O'Neil defended why he filed the stay and a series of similar motions that would stop it from going to arbitration.
He doesn't want to give up the public's rights in the case. In arbitration, the city would give up the right for an appeal and the rule of law, Mr. O'Neil explained.
After arguing the issue in court, Mr. Lambright predicted that the case will be litigated through the appeal process, with the city eventually taking it to the highest court.
He had harsh words for his opponent, angrily expressing his belief that Mr. O'Neil is just using delay tactics to make money for him and his firm. The legal maneuvering is costing the city money, most likely about $800,000 so far, he said. The Watertown Daily Times recently confirmed the legal bills reached $523,939 through September.
Mr. O'Neil also is purposely not submitting his bills to the city in a timely manner because he doesn't want it known how much the city has spent on legal bills, Mr. Lambright claims.
The firefighters' union periodically files Freedom of Information requests to find out how much Mr. O'Neil has charged, he said.
But the city's attorney is "months behind on his FOIL requests," which would show current figures if he kept them up to date.
Mr. O'Neil said on Tuesday that he could not provide a current figure for the legal expenses. The brunt of the legal bills are behind the city and will be subsiding from here, since the matter that went before Judge McClusky on Tuesday is at the root of the city's case.
"This is it," he said, adding the city is seeking an end to the minimum manning clause in the contract.
The city contends the minimum manning stipulation causes the department to be overstaffed, while the union maintains that changing it would be unsafe.
After court, Mr. O'Neil blamed the union for escalating overtime expenses approaching $2 million since he was hired in 2015. The union contends overtime is increasing because the city manager has not filled vacant positions.
Citing similar cases in Johnson City and Yonkers, Mr. O'Neil argued in court that minimum manning is a "job security clause," saying that the contract in the union never mentions safety as the reason for having 15 firefighters on duty.
Mr. Lambright contended minimum manning is not "a no-layoff" clause.
The union is also using delay tactics and legal maneuvering to hold up resolving the labor dispute, Mr. O'Neil contended.
The 70-member union has been without a contract since July 2014.
Recently, the union won in another case that allows arbitration in a matter involving eight demoted captains. The contract talks became increasingly bitter after the eight captains were demoted to firefighters in July 2016.
In December, Judge McClusky ruled in the city's favor. He ruled against an injunction filed by the union that would have blocked a new policy that firefighters cannot be called in when their colleagues call in sick.
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