FOR THE PAST THREE YEARS ROCHESTER, NEW YORK, firefighters have been assigned to set up and monitor “hydrant bathing” activities during hot summer weather. Operation Cool Sweeps called for engine companies to set up fire hydrant spraying nozzles at certain selected locations in the city when the temperature exceeded 85 degrees for recreational purposes benefiting neighborhood children.
The firefighters union protested the program because it required the engine company to remain out of service and supervise the acitivity until it was time to turn off the hydrant and disassemble the equipment. Local president Jim McTiernan said the city was requiring them to supervise a recreational program, and using the fire service in a community policing role.
The local filed an unfair work practice complaint and it was heard last week in the administrative courts. Administrative Law Judge Jean Doerr ruled against the city saying such tasks represent duties “not inherent in the duties of firefighters,” and therefore constitute an unfair work practice. In her decision, Doerr wrote that “the assignment of firefighters to set up, monitor, and take down equipment” for recreational purposes entails job duties “not inherent in the duties of firefighters.” And without other city staff to supervise participants at the recreational program, “there was a de facto assignment of supervisory duties to firefighters,” another non-inherent job duty.
The fire chief and the politicians in city hall are upset with the ruling because not only are they losing some free labor from the Recreation Department, but the decision left open the definition of “inherent duties of firefighters.” The Deputy Mayor is already threatening to lay off firefighters because now they don’t have as much to do (except show up in sufficient numbers to put out a fire).
The Rochester Democrat and Chronicle has the full STORY.
