Thursday, May 12, 2011
Firefighter Resignations
The town manager reported that two members of the Wolfeboro Fire Rescue Department had resigned. FF's Daryl Morales and Chris Stevens are both joining the Rochester Fire Department. Reportedly they scored at the top the list of three firefighters the Lilac City is hiring. Although the town has gone through a difficult period with its firefighters, rescinding recognition of their union last September (a move which the union fought in Superior Court and lost) Owen said the reasons given were the pay was higher and, for one firefighter, working in Rochester meant a shorter commute. Morales had joined the department in 2007 and Stevens in 2004.
Saturday, April 23, 2011
Dump Truck Fire
Sent from my Verizon Wireless Phone
Tuesday, April 5, 2011
Wolfeboro's "Mountain Division" skis to first place
Sports Editor - Granite State News, Carroll County Independent, Meredith News, Gilford Steamer, Winnisquam Echo and Baysider
April 04, 2011
NEWRY, Maine — The Wolfeboro Fire-Rescue Department sends a team of skiers to Sunday River every year as part of a fundraiser for the Maine Handicapped Skier Program and every year the participants have a lot of fun and get to compete against teams from all over New England.
This year, however, the local guys came out of the experience with a little more than the good feeling they get helping out and the joy of competing. They came out as the top team in competition.
"It's very surprising," said team captain Firefighter/EMT Bob Shilo. "We would've been happy for a personal best or maybe a top five."
The Wolfeboro "Mountain Division" put together a first run of 38.47 seconds, which held up throughout the entire day, with 19 other teams competing on March 27.
Shilo noted that the team began hearing whispers as the awards ceremony neared that they had come home on top, but they still found it hard to believe.
"We thought we did OK, middle of the pack and we would've been fine with that," Shilo said. "We were there, had a good time, raised money, but to actually win it, wow."
The race involves a five-man team racing down the mountain holding a fire hose, which is 50 feet in length. The firefighters have to wear their full turnout gear, including the helmet, jacket and pants while negotiating a 13-gate giant slalom course.
The Wolfeboro team, which consists of Shilo, Lt. Frank Bellefleur, firefighter/EMT Daryl Morales, firefighter/EMT Chris Stevens and firefighter/EMT Robbie Black and is coached by Lt. Dave Brackett (retired). It was Brackett who got the team started six years ago, when he recruited a few skiers to join him in helping out the MHS program, in which he was active in.
One daunting concern for the Wolfeboro team coming into the race was the fact that the members had never skied together before. In fact, it was Black's first time ever competing in the event.
"He's a good skier and he was able to catch on quickly," Shilo said.
If any member lets go of the line, it is a one-second penalty. All five members must cross the finish line, so if someone falls, it's usually a disqualification.
"If one person slips up just a little, it's a good slide," Shilo said. "But we have the aerodynamics of an elephant."
Each team gets two runs, but the Wolfeboro team didn't finish their second run, so the first one was the one that counted. However, that was enough. The top eight teams finished less than three seconds apart, with Wolfeboro clocking in at 38.47 second, Livermore Falls (Maine) clocking in at 38.93 seconds and Bethel (Maine) in 39.27 seconds.
"When we go up there, we see teams coming down the hill, they are intimidating, they look like a single unit," Shilo said. "And we didn't have any time together."
While winning was nice, Shilo said the Wolfeboro contingent was just happy to contribute to such a great cause.
"Anything we can do to benefit them (handicapped skiers) and get them out there is good," Shilo stated. "They raise an awful lot of money."
In addition to the firemen's race, there was a Ski-A-Thon the previous day in which $297,000 was raised for the handicapped skier program. Bellefleur and Stevens along with their families got in quite a few runs during that event as well. There was also a chili cook-off, with nine or 10 restaurants chipping in with their best recipes.
"They make it a very good event," Shilo said, praising Sunday River for contributing the ski tickets and all the advertising and publicity.
The Wolfeboro contingent was also happy to earn Lt. Brackett a few bragging rights in the local pubs, as he now spends a good deal of his time in the Sunday River area.
Shilo noted he is hoping to work with Abenaki Water Ski Club this summer to help get disabled water skiers on the water. The Wolfeboro Fire-Rescue Department has also helped out the Granite State Adaptive Sports program, including once hosting a race at Abenaki in Wolfeboro.
The department's signature fundraising efforts continues to be for the Muscular Dystrophy Association (Jerry's Kids), which many members have participated in over the past 15 years.
For more information on the Maine Handicapped Skier Program, visit http://www.skimhs.org/.
http://www.newhampshirelakesandmountains.com/Articles-c-2011-04-04-153607.113119-Wolfeboros-Mountain-Division-skis-to-first-place.html#123
Monday, March 28, 2011
Mar. 27, 2011- For the Sixth season Wolfeboro Firefighters competed in the Sunday River Firefighters Ski Race/ Chili Cook-off. Wolfeboro's team this year consisting of Ret. Lt. Dave Brackett, Lt. Frank Bellefleur, FF Chris Stevens, FF Daryl Morales, Call FF Bob Shilo, and Call FF Robbie Black. Wolfeboro was proud to take home First Place. All the funds and team registrations go to the Maine Handicapped Program.
Tuesday, March 22, 2011
Mva on South Main St
Mar. 20, 2011- Grp. 3- E4 responded to an MVA (Truck into a River) on South Main St. 1 Person was Transported.
Thursday, March 10, 2011
Wolfeboro firefighters tell their side of the story
BY CATHERINE BROADBENT
D'AMBRUOSO
Communications Director Professional Fire Fighters of New Hampshire [Editor’s Note: In the interest of fairness we asked the Professional Fire Fighters of Wolfeboro to present their side of the dispute with the Town of Wolfeboro that led first to the town’s decision to rescind recognition of the firefighters union and then a decision by Carroll County Superior Court Judge Steven Houran upholding the town’s action – a decision that Judge Houran has agreed to rehear on March 31. The following account was submitted in response to that request.]
On June 21, 1996, the Wolfeboro New Hampshire Fire Fighters became affiliated with the International Association of Fire Fighters. This move provided them with better education, fraternal benefits and instant relationships with fire fighters locally and nationwide. In the mid-1990s the Professional Fire Fighters of Wolfeboro, IAFF Local 3708 decided to begin the process of acquiring the right to collectively bargain. Today, more than a decade later, members of IAFF Local 3708 are still not able to collectively bargain, and they have no current contract. The current president of the local union, Jim Dearborn, who has been a member since the beginning of the fight, says the question regarding the right to collectively bargain was on the ballot three times; in 1999, 2001
and 2002. In 2002, the measure passed by more than 100 votes. Between 2002 and 2007 Local 3708 and the town enjoyed a period where they agreed on working conditions. The
firefighters were employed under a contract and could count on pay and insurance, which, in turn,provided predictability for the town. In 2007 the contract expired, but both parties were still honoring the previous contract agreement. Attempts in 2008 and 2009 to negotiate a successor agreement failed as both parties could not agree on the other’s concessions. In early July 2010 the parties met and signed an agreement for "Negotiation Ground Rules" for the conduct of further negotiations, agreeing among other things that either party could request mediation after Oct. 1, 2010. A negotiation
meeting scheduled for July 28, 2010 was canceled by the town without explanation. On Aug. 4, a Board of Selectmen meeting was held without proper notice to the public, a violation of the ground rules. At this meeting the board voted to rescind recognition of the collective bargaining rights of the local. The Board of Selectmen breached the contracts when they restructured the firefighters’ compensation plan and granted the town the ability to terminate a firefighter at will rather than having to show just-cause and negotiate. These wholesale changes failed to observe the status quo doctrine
pending a new contract. Dearborn and several taxpayers eventually sued the town of Wolfeboro in September 2010 requesting injunctive relief, including an order that the collective bargaining agreement between parties remain in effect, requesting a writ of mandamus requiring that the town negotiate in good faith and asserting claims for breach of contract violations of the right-to-know law among other things.The suit arose in response to the failed renegotiation of the Wolfeboro Firefighters’ contract with the town. The Board of Selectman moved to dismiss the contract, the firefighters objected and a hearing was scheduled. At the time of the selectman’s meeting in August 2010, the Fire Fighters Union had a contract. The result of the meeting left the firefighters
with the health plan they had under the previous contract, and a pay plan outlined in the same document. Since the injunction was granted the court held another hearing and has since found in favor of the town of Wolfeboro in which the contract was voided for numerous legal reasons.
A motion for reconsideration was filed by the firefighters in superior court on Jan. 14. In February the same judge that decided on the previous hearing granted the firefighters a rehearing on the facts and arguments made in the motion. This meeting is scheduled
for March 31 at 9 a.m. If you want your elected officials to keep their word and follow the demands of the taxpayer, you should call your elected officials to let them know you, as a voter, support the firefighters.
http://www.newhampshirelakesandmountains.com/pdf/GSN.2011.03.10.pdf
D'AMBRUOSO
Communications Director Professional Fire Fighters of New Hampshire [Editor’s Note: In the interest of fairness we asked the Professional Fire Fighters of Wolfeboro to present their side of the dispute with the Town of Wolfeboro that led first to the town’s decision to rescind recognition of the firefighters union and then a decision by Carroll County Superior Court Judge Steven Houran upholding the town’s action – a decision that Judge Houran has agreed to rehear on March 31. The following account was submitted in response to that request.]
On June 21, 1996, the Wolfeboro New Hampshire Fire Fighters became affiliated with the International Association of Fire Fighters. This move provided them with better education, fraternal benefits and instant relationships with fire fighters locally and nationwide. In the mid-1990s the Professional Fire Fighters of Wolfeboro, IAFF Local 3708 decided to begin the process of acquiring the right to collectively bargain. Today, more than a decade later, members of IAFF Local 3708 are still not able to collectively bargain, and they have no current contract. The current president of the local union, Jim Dearborn, who has been a member since the beginning of the fight, says the question regarding the right to collectively bargain was on the ballot three times; in 1999, 2001
and 2002. In 2002, the measure passed by more than 100 votes. Between 2002 and 2007 Local 3708 and the town enjoyed a period where they agreed on working conditions. The
firefighters were employed under a contract and could count on pay and insurance, which, in turn,provided predictability for the town. In 2007 the contract expired, but both parties were still honoring the previous contract agreement. Attempts in 2008 and 2009 to negotiate a successor agreement failed as both parties could not agree on the other’s concessions. In early July 2010 the parties met and signed an agreement for "Negotiation Ground Rules" for the conduct of further negotiations, agreeing among other things that either party could request mediation after Oct. 1, 2010. A negotiation
meeting scheduled for July 28, 2010 was canceled by the town without explanation. On Aug. 4, a Board of Selectmen meeting was held without proper notice to the public, a violation of the ground rules. At this meeting the board voted to rescind recognition of the collective bargaining rights of the local. The Board of Selectmen breached the contracts when they restructured the firefighters’ compensation plan and granted the town the ability to terminate a firefighter at will rather than having to show just-cause and negotiate. These wholesale changes failed to observe the status quo doctrine
pending a new contract. Dearborn and several taxpayers eventually sued the town of Wolfeboro in September 2010 requesting injunctive relief, including an order that the collective bargaining agreement between parties remain in effect, requesting a writ of mandamus requiring that the town negotiate in good faith and asserting claims for breach of contract violations of the right-to-know law among other things.The suit arose in response to the failed renegotiation of the Wolfeboro Firefighters’ contract with the town. The Board of Selectman moved to dismiss the contract, the firefighters objected and a hearing was scheduled. At the time of the selectman’s meeting in August 2010, the Fire Fighters Union had a contract. The result of the meeting left the firefighters
with the health plan they had under the previous contract, and a pay plan outlined in the same document. Since the injunction was granted the court held another hearing and has since found in favor of the town of Wolfeboro in which the contract was voided for numerous legal reasons.
A motion for reconsideration was filed by the firefighters in superior court on Jan. 14. In February the same judge that decided on the previous hearing granted the firefighters a rehearing on the facts and arguments made in the motion. This meeting is scheduled
for March 31 at 9 a.m. If you want your elected officials to keep their word and follow the demands of the taxpayer, you should call your elected officials to let them know you, as a voter, support the firefighters.
http://www.newhampshirelakesandmountains.com/pdf/GSN.2011.03.10.pdf
Judge grants firefighters motion for rehearing
http://www.newhampshirelakesandmountains.com/pdf/GSN.2011.03.10.pdf
OSSIPEE — Carroll County Superior Court Judge Steven Houran has granted a motion for reconsideration
by Professional Fire Fighters of Wolfeboro of his decision of Jan. 4 affirming the Town of Wolfeboro’s decision to rescind recognition of the firefighters union. The decision to reconsider was made on Feb. 11. The hearing on the motion is scheduled for Thursday, March 31 at 9 a.m. at the Carroll County Courthouse in Ossipee. Time allotted for the hearing is 30 minutes. Having come to an impasse in contract negotiations, the Wolfeboro Board of Selectmen voted on Aug. 4 to rescind recognition of Professional Fire Fighters of
Wolfeboro IAFF Local 3708 with the assertion that the original Town Meeting vote in 2002 did not refer to the proper state law and thus did not authorize a union of fewer than 10 members (the Wolfeboro union has nine members). The firefighters won a temporary injunction on Sept. 27 blocking the town from making the union members town employees. Judge Houran’s Jan. 4 decision ended that injunction. For a presentation on how this dispute between the town and the firefighters evolved from the firefighters point of view, please see article "Wolfeboro firefighters tell their side of the story".
Saturday, March 5, 2011
No Injuries, Minor Damage During Fire at Kingswood Regional High School Complex
March 1, 2011-(Group 2) No injuries were reported during a fire at Kingswood Regional High School complex this afternoon. Wolfeboro Fire Rescue was alerted to the incident at 1139. First arriving crews found a small fire in the area of the roof of the addition to the Middle School. A first alarm assignment was requested at 1146. The fire was declared under control at 1218. The fire was extinguished with the help of personnel from Northbranch Construction, the general contractor for the school addition/renovation project. Damage was confined to a small area of the roof and wall where the existing Middle School meets the new addition. Wolfeboro Fire Rescue Chief Butch Morrill said the cause was accidental and was the result of use of a cutting torch in the area. Students were evacuated to the nearby Kingswood Arts Center for the duration of the incident. Wolfeboro Fire Rescue Cleared the scene at 1256. Firefighters from Tuftonboro Fire Rescue and Ossipee Corner Fire Rescue assisted at the scene, as did Stewart's Ambulance. Wakefield Fire Rescue provided coverage at Wolfeboro Central Station.
Wednesday, February 16, 2011
Website Back up and Running
Everyone our website is back up and running, and will be updated frequently. Please check out some of the the stuff you have missed in the last few months.
Bumblebees Enjoy Fire Prevention
Department's Firefighter Lieutnant Frank Bellefleur (right) and Firefighter Daryl Morales during Fire
Prevention Month.
Court Hears Arguments on Firefighters’ Dispute With the Town
Question is whether town denying union recognition was legal
Staff Writer
BY ELISSA PAQUETTE
THURSDAY, OCTOBER 21, 2010
OSSIPEE — Wolfeboro’s firefighters, represented by John Krupski of the Professional
Firefighters of Wolfeboro IAFF Local 3708, had their day in court on Oct. 14 before Justice Steven M. Houran in Carroll County Superior Court in Ossipee. At issue was the town of Wolfeboro’s decision on Aug. 4 to rescind recognition of the firefighters union, which, in turn, put an end to negotiations over the renewal of the contract for nine affected members of the Fire- Rescue department. Krupski, who won a temporary restraining order on Sept. 27 to block the town from unilaterally setting payment and benefits to go into effect on Oct. 1, argued to the court that the town acted in bad faith when it cancelled a negotiation scheduled for July 23. “When we met on July 15, we established ground rules and agreed that if we came to an impasse, we would go to mediation,” said Krupskki in an interview. He also said that they were not notified in advance of the town’s decision, announced at the Aug. 4 selectman’s meeting, to declare the contract illegal. “That’s not a very nice thing to do to people,” he declared.
In court, he pointed out that the voters recognized the firefighters’ rights to negotiate with the town as early as 2002 when they passed a warrant article approved by town council and the Department of Revenue Administration and that they have maintained that right for eight years. In his opinion, the town’s “precipitous action” not to recognize the union “causes irreparable harm” and he requested attorney fees and costs for “having to address the matter.” Speaking on behalf of the town, Attorney Dan
Schwarz said that everyone makes mistakes. In this case the town’s labor lawyer, Attorney Thomas Flygare, acting on the town’s behest, took a close look at the inconsistency between the original warrant article and the more stringent 1975 Public
Employer Labor Relations Act. He found that the number of firefighters did not meet the minimum requirement of 10 in order to negotiate, therefore the contract was illegal and unenforceable. “It doesn’t make a difference if the town agreed,” said Schwarz.
The contract with the firefighters has remained the same since 2007, and negotiations in 2008, 2009 and 2010 have remained stalled over health insurance compensation.
Schwarz argued that as of July 2010 there have been no significant concessions and suggested that with 100 percent compensation and a benefit level above that of other town employees, there was no incentive for firefighters “to move off the status quo.” He told Justice Houran that if the town is “guilty of anything,” it is that of giving the firemen a raise, for the town compensation changes set to go into effect on Oct. 1, until stopped by the injunction, provided wage increases, something the firemen have eschewed in favor of holding on to their health insurance package.
Schwarz noted also that current firemen who opt out of the insurance benefit may receive $9,000 in compensation as a “buy out”; new employees would only receive $2,500, like other town employees. Speaking for Flygare, Schwarz said that once the selectmen agreed in nonpublic session to declare the contract null and void, he was not in a position to continue contact with the union.
In conclusion, he expressed “chagrin that we didn’t do so earlier (in reference to the recent finding and subsequent action),” but argued that there is no basis for the argument, no money should be given for attorney’s fees and that furthermore, the firemen “acted in bad faith. The firemen had unfettered discretion and were intransigent.” Justice Houran said he would expect Krupski’s rebuttal by Oct. 22 and a subsequent response soon thereafter from Schwarz to keep the matter moving to conclusion. Once he has received both responses, he will render his decision.
Granite State News
Staff Writer
BY ELISSA PAQUETTE
THURSDAY, OCTOBER 21, 2010
OSSIPEE — Wolfeboro’s firefighters, represented by John Krupski of the Professional
Firefighters of Wolfeboro IAFF Local 3708, had their day in court on Oct. 14 before Justice Steven M. Houran in Carroll County Superior Court in Ossipee. At issue was the town of Wolfeboro’s decision on Aug. 4 to rescind recognition of the firefighters union, which, in turn, put an end to negotiations over the renewal of the contract for nine affected members of the Fire- Rescue department. Krupski, who won a temporary restraining order on Sept. 27 to block the town from unilaterally setting payment and benefits to go into effect on Oct. 1, argued to the court that the town acted in bad faith when it cancelled a negotiation scheduled for July 23. “When we met on July 15, we established ground rules and agreed that if we came to an impasse, we would go to mediation,” said Krupskki in an interview. He also said that they were not notified in advance of the town’s decision, announced at the Aug. 4 selectman’s meeting, to declare the contract illegal. “That’s not a very nice thing to do to people,” he declared.
In court, he pointed out that the voters recognized the firefighters’ rights to negotiate with the town as early as 2002 when they passed a warrant article approved by town council and the Department of Revenue Administration and that they have maintained that right for eight years. In his opinion, the town’s “precipitous action” not to recognize the union “causes irreparable harm” and he requested attorney fees and costs for “having to address the matter.” Speaking on behalf of the town, Attorney Dan
Schwarz said that everyone makes mistakes. In this case the town’s labor lawyer, Attorney Thomas Flygare, acting on the town’s behest, took a close look at the inconsistency between the original warrant article and the more stringent 1975 Public
Employer Labor Relations Act. He found that the number of firefighters did not meet the minimum requirement of 10 in order to negotiate, therefore the contract was illegal and unenforceable. “It doesn’t make a difference if the town agreed,” said Schwarz.
The contract with the firefighters has remained the same since 2007, and negotiations in 2008, 2009 and 2010 have remained stalled over health insurance compensation.
Schwarz argued that as of July 2010 there have been no significant concessions and suggested that with 100 percent compensation and a benefit level above that of other town employees, there was no incentive for firefighters “to move off the status quo.” He told Justice Houran that if the town is “guilty of anything,” it is that of giving the firemen a raise, for the town compensation changes set to go into effect on Oct. 1, until stopped by the injunction, provided wage increases, something the firemen have eschewed in favor of holding on to their health insurance package.
Schwarz noted also that current firemen who opt out of the insurance benefit may receive $9,000 in compensation as a “buy out”; new employees would only receive $2,500, like other town employees. Speaking for Flygare, Schwarz said that once the selectmen agreed in nonpublic session to declare the contract null and void, he was not in a position to continue contact with the union.
In conclusion, he expressed “chagrin that we didn’t do so earlier (in reference to the recent finding and subsequent action),” but argued that there is no basis for the argument, no money should be given for attorney’s fees and that furthermore, the firemen “acted in bad faith. The firemen had unfettered discretion and were intransigent.” Justice Houran said he would expect Krupski’s rebuttal by Oct. 22 and a subsequent response soon thereafter from Schwarz to keep the matter moving to conclusion. Once he has received both responses, he will render his decision.
Granite State News
Superior Court Blocks Change in Firefighters’ Status
Union petition claims selectmen acted illegally and in bad faith
Thursday, September 30, 2010
BY THOMAS BEELER
Editor
WOLFEBORO — Carroll County Superior Court Justice Steven M. Houran issued a temporary restraining order on Sept. 27 that blocks the town of Wolfeboro from making changes to the pay and benefits for firefighters set to go into effect this Friday, Oct. 1. A full hearing on the merits of the underlying arguments has yet to be scheduled, and the town has not filed a formal written response to the claims made in the suit filed by the union. Last Friday, Sept. 24, Justice Houran heard oral arguments on a petition filed by
Professional Fire Fighters of Wolfeboro IAFF Local 3708 as an organization and its nine members individually asking for “a temporary restraining order, temporary and permanent injunctive relief, an award of attorney fees and costs associated with the bad faith actions of the Town of Wolfeboro.” The suit claims that the town acted in bad faith when it broke off negotiations by canceling a negotiating meeting scheduled for July 23 and on Aug. 4 voting to rescind recognition of the union. Even though it has been working without a new contract since Dec. 31, 2007, the union claims a clause in the contract calls for maintaining a “status quo” on terms until a new contract is put in place. The suit also claims the Aug. 4 decision to rescind was improperly noticed and thus illegal. For its part, the board of selectmen took the position at its Aug. 4 meeting that while a warrant article passed in 2002 authorized the board to recognize the union and to negotiate, it did not direct the board to do so and that the broad authority to do this cited in the warrant article (RSA 3:13) is modified by a special section of the RSAs concerning labor relations, specifically 273-A:8, which called for the bargaining unit to be 10 members or larger unless voters gave prior approval for a smaller unit (three-10 members). The Wolfeboro union had nine members in 2002 and still consists of six firefighters and three lieutenants. The underlying cause for the impasse in negotiations and the board’s decision to rescind recognition is a disagreement over health insurance. The board had decided to get the town’s health insurance costs under control by reducing the number of available plans from six to three and by requiring employees to pay part of the cost of premiums. Since that decision was made, all other town employees, including members of the one other union in place at the time
(ASCME) had agreed to pay seven percent of the premiums. The firefighters union balked at making that change, and as a result there has been no new contract in place since the last one expired in 2007. The town also had a Pay and Classification Study done in 2008 that compared salaries and benefits for all town employees with comparable New Hampshire towns. Based on that study, the town had planned to adjust the pay of most of the firefighters upward on Oct. 1 while deducting the seven percent share of health insurance. This change, which was to take effect this Friday, would have resulted in a net increase in pay for most union members.
The union’s suit argued that an injunction is needed because the union members will suffer “immediate and irreparable harm” if the town is allowed to ignore the terms of the last contract and put the new pay arrangement in place and take away the union’s ability to negotiate the terms and conditions of employment.
Background
The town’s relationship with the firefighters’ union began when Article 19 was added to the 2002 warrant by petition and approved by voters with a margin of 735 to
625. Article 19 stated: “To see if the Town, pursuant to RSA 31:3 will vote to authorize the Board of Selectmen to recognize a collective bargaining unit comprised of the full time Fire Fighter and Officer positions of the Wolfeboro Fire-Rescue Department and make and enter into collective bargaining contracts with such bargaining unit concerning the terms and conditions of employment.” The town did recognize the union and entered into a collective bargaining agreement that expired on Dec. 31, 2006.That agreement was extended by mutual consent to Dec. 31, 2007. Negotiations in 2008, 2009 and 2010 failed to produce a new agreement because of the impasse on changing the terms of health insurance. Currently firefighters do not pay any premiums for health insurance. Wolfeboro selectmen met on July 21 in non-public session and, according to the text of Justice Houran’s decision, decided then to rescind recognition of the union, based on the lack of explicit approval of a union of fewer than 10 employees in the 2002 vote, and directed the Town Manager to put in place a new compensation plan for firefighters “effective the first payroll day of October 2010.” That decision was made publicly at the board of selectmen’s next regular meeting on Aug. 4 when the board voted unanimously to make the change. The union’s suit claims the decision was not properly noticed and was therefore illegal. Justice Houran’s Sept. 27 order reads as follows: “The Town’s rescission of recognition of the Fire Fighters union, and its determination that the collective bargaining agreement is null and void and that all members of the union will be placed under the Town’s personnel plan effective the first payroll date of October 2010 are temporarily stayed pending preliminary hearing and preliminary order. Consideration of all other requests is deferred to the preliminary hearing.” As of press time no date has been set for the preliminary hearing.
Grainte State News
Thursday, September 30, 2010
BY THOMAS BEELER
Editor
WOLFEBORO — Carroll County Superior Court Justice Steven M. Houran issued a temporary restraining order on Sept. 27 that blocks the town of Wolfeboro from making changes to the pay and benefits for firefighters set to go into effect this Friday, Oct. 1. A full hearing on the merits of the underlying arguments has yet to be scheduled, and the town has not filed a formal written response to the claims made in the suit filed by the union. Last Friday, Sept. 24, Justice Houran heard oral arguments on a petition filed by
Professional Fire Fighters of Wolfeboro IAFF Local 3708 as an organization and its nine members individually asking for “a temporary restraining order, temporary and permanent injunctive relief, an award of attorney fees and costs associated with the bad faith actions of the Town of Wolfeboro.” The suit claims that the town acted in bad faith when it broke off negotiations by canceling a negotiating meeting scheduled for July 23 and on Aug. 4 voting to rescind recognition of the union. Even though it has been working without a new contract since Dec. 31, 2007, the union claims a clause in the contract calls for maintaining a “status quo” on terms until a new contract is put in place. The suit also claims the Aug. 4 decision to rescind was improperly noticed and thus illegal. For its part, the board of selectmen took the position at its Aug. 4 meeting that while a warrant article passed in 2002 authorized the board to recognize the union and to negotiate, it did not direct the board to do so and that the broad authority to do this cited in the warrant article (RSA 3:13) is modified by a special section of the RSAs concerning labor relations, specifically 273-A:8, which called for the bargaining unit to be 10 members or larger unless voters gave prior approval for a smaller unit (three-10 members). The Wolfeboro union had nine members in 2002 and still consists of six firefighters and three lieutenants. The underlying cause for the impasse in negotiations and the board’s decision to rescind recognition is a disagreement over health insurance. The board had decided to get the town’s health insurance costs under control by reducing the number of available plans from six to three and by requiring employees to pay part of the cost of premiums. Since that decision was made, all other town employees, including members of the one other union in place at the time
(ASCME) had agreed to pay seven percent of the premiums. The firefighters union balked at making that change, and as a result there has been no new contract in place since the last one expired in 2007. The town also had a Pay and Classification Study done in 2008 that compared salaries and benefits for all town employees with comparable New Hampshire towns. Based on that study, the town had planned to adjust the pay of most of the firefighters upward on Oct. 1 while deducting the seven percent share of health insurance. This change, which was to take effect this Friday, would have resulted in a net increase in pay for most union members.
The union’s suit argued that an injunction is needed because the union members will suffer “immediate and irreparable harm” if the town is allowed to ignore the terms of the last contract and put the new pay arrangement in place and take away the union’s ability to negotiate the terms and conditions of employment.
Background
The town’s relationship with the firefighters’ union began when Article 19 was added to the 2002 warrant by petition and approved by voters with a margin of 735 to
625. Article 19 stated: “To see if the Town, pursuant to RSA 31:3 will vote to authorize the Board of Selectmen to recognize a collective bargaining unit comprised of the full time Fire Fighter and Officer positions of the Wolfeboro Fire-Rescue Department and make and enter into collective bargaining contracts with such bargaining unit concerning the terms and conditions of employment.” The town did recognize the union and entered into a collective bargaining agreement that expired on Dec. 31, 2006.That agreement was extended by mutual consent to Dec. 31, 2007. Negotiations in 2008, 2009 and 2010 failed to produce a new agreement because of the impasse on changing the terms of health insurance. Currently firefighters do not pay any premiums for health insurance. Wolfeboro selectmen met on July 21 in non-public session and, according to the text of Justice Houran’s decision, decided then to rescind recognition of the union, based on the lack of explicit approval of a union of fewer than 10 employees in the 2002 vote, and directed the Town Manager to put in place a new compensation plan for firefighters “effective the first payroll day of October 2010.” That decision was made publicly at the board of selectmen’s next regular meeting on Aug. 4 when the board voted unanimously to make the change. The union’s suit claims the decision was not properly noticed and was therefore illegal. Justice Houran’s Sept. 27 order reads as follows: “The Town’s rescission of recognition of the Fire Fighters union, and its determination that the collective bargaining agreement is null and void and that all members of the union will be placed under the Town’s personnel plan effective the first payroll date of October 2010 are temporarily stayed pending preliminary hearing and preliminary order. Consideration of all other requests is deferred to the preliminary hearing.” As of press time no date has been set for the preliminary hearing.
Grainte State News
Abandoned Huggins Building Used for Firefighter Drills
Granite State News
Staff Writer
WOLFEBORO — Huggins Hospital’s original three-story main building, slated for demolition, became a staging ground for search and rescue drills for firemen from Tuftonboro and Wolfeboro on Saturday, July 24. “This is a gold mine,” commented instructor Nick Proulx of the Gilford Fire Department (GFD), as he led the first rope drill team back out of the building. Wolfeboro’s Deputy Chief Tom Zotti said that asbestos abatement had been completed earlier, so the time was right for the firefighters to use the deserted building and its partially demolished interior for practice – not only for large area search rope drills but also for forcing down doors. “We want the necessary actions to become instinctive,” said Zotti, “when in situations where the conditions are deteriorating.” Rev. David Lindsay, the fire chaplain, dressed in his fire safety gear, stood on the lawn outside the entry door surrounded by firemen and women suited up for action, with a clipboard, the “accountability board” in his hand with lists of names. In an actual fire, someone has to fill that role to keep track of team members, know what resources are available, and communicate with the management team throughout an event. Fire trucks stood at the ready in the hospital parking lot, along with two Stewart’s Ambulance Service vehicles. “The most frequently asked question we get, “said Lt. Frank Bellefleur, “is why we bring so many trucks to the scene.” In explanation, the rule of thumb is to have 13 people on the scene for a one-room fire. That may seem excessive, but it breaks down to needing two people to search the area, two to three to manage a hose line, a pump operator, a backup hose line with an operator, and a ventilation crew. The ventilation crew is responsible for opening windows and creating openings in the roof to let out the products of combustion so the firemen can see. Also, “there are separate engines and a separate water source,” says Zotti. Engines #2 and #3 carry water. “Redundancy is key to the operation.” “Think of the fire truck as a tool box,” says Zotti. They have to be prepared for many different scenarios, and the ladder truck, for example, carries numerous ladders of several different lengths. When a fire is blazing, there’s no time for failing equipment or not having what is necessary. “Plan for the worst and hope for the best,” adds Zotti. An unchecked fire doubles in size every three minutes, so “call before trying to put it out,” says Bellefleur. If you are successful that’s all to the good, but if you’re not, the fire department crew will be there to get it under control. When instructor Chuck Campbell from Gilford FD finishes his directions on rope techniques for searching a building, team members set off to investigate the halls and rooms of the onetime emergency wing and the next story up. Firemen are guided by rings on a long rope. If you feel the series of three knots on one side of the ring, then you know you are heading back out, a helpful guide if in a room darkened with smoke. Partners attach their ropes to a Halligan tool, which has a fork, adz and point to perform multiple tasks. One is to force open locked doors. It also can be jabbed into the floor to serve as a short base to stand up on to get out via a basement window when trapped, or serve as a post for a guide rope. In this case, it is the latter, and partners head to the left and right to search for victims. Each returns to the center and proceeds down the hall. Their names in reflective tape shine in the beam of a flashlight.
Campbell describes the forced entry techniques that are unique to the type of door one has to break down as ways to “defeat the lock on the door itself, not the door,” and he gives a wry reminder to check to make sure the door is actually locked before expending energy to knock it in. “Try before you pry,” is the slogan. And smash through the lower half of the door, not the top where the smoke and flames would descend onto you. Remember, too, that exterior doors in commercial buildings swing out and residential doors usually swing in. Wedges of wood called chocks inserted in the door frames keep them open. Sets of soft foam ear plugs make the rounds outside before the teams go back into the building to apply their forced entry strike techniques. One, two, three, strike! One, two, three, strike! The sounds of metal banging metal and partners calling out the strike command resound throughout the corridor. It doesn’t take long for their faces to drip with sweat in the close quarters even without an actual fire. It’s a warm summer morning, but the assortment of full time fire personnel and call members are giving up a Saturday morning. There have to be three off duty personnel available for every one person who’s on duty, so it takes a good number of people willing and able to drop whatever they’re doing on a moment’s notice to attend to a fire. And when they get there, they need to know what to do. The impending demolition of the old hospital wing affords the firemen an unusual opportunity to practice skills. At the same time, there is a sense of history in the structure that has served the community for decades.
Other Business
Following up on their decision to rescind recognition of the firefighters union, the board approved a compensation plan prepared by Owen to take effect on Oct. 1. The plan would bring firefighters in line with other town employees in terms of paying seven percent of health insurance cost, thus saving the town $23,511. Most of those savings ($21,166) would go toward increasing pay rates for firefighters to bring them in line with the Pay and Classification Study done in 2008.
Selectmen Vote to Rescind Recognition of Firefighters Union
BY THOMAS BEELER
Editor
THURSDAY, AUGUST 12, 2010
Granite State Newspaper
WOLFEBORO — The Wolfeboro Board of Selectmen voted 5-0 on Aug. 4 to rescind recognition of the union representing members of the Wolfeboro Fire- Rescue Department. By rescinding recognition of the union, the board also repudiated the current contract between the union, Professional Firefighters of Wolfeboro, NH Local 3708, and the town. The move was the town’s final response to three years of failed negotiations over health insurance benefits. The legal basis for rescinding recognition was that the RSA cited in Warrant Article 19 in 2002 authorizing the town to recognize the union, RSA31:3, had been superseded in 1975. The superseded RSA allowed a town to recognize a bargaining unit of as little as three members. The current law, RSA 273-A:8 states that “in no case shall the board certify a bargaining unit of fewer than 10 employees with the same community of interest without the prior approval of the governing body of the public employer,” meaning Town Meeting.
Since Article 19 did not cite the proper RSA, it was invalid. Current membership of Local 3708 is nine members (three lieutenants and six firefighters). The real issue was the refusal of the union to accept terms for health insurance in line with all other town employees. In 2007 the town undertook a review of the total compensation of town employees, including benefits as well as wages and salaries. According to Selectman Chair Linda Murray, “the town needs to control increases in the cost of benefits and shift the emphasis on to salary and away from benefits.” To accomplish this, the town reduced the number of health insurance plans offered from six to three, and offered to add the cost difference between an employee’s current plan and a lower cost plan to the employee’s salary, less their contribution to the plan. The town also offered an opt-out payment to employees who opted out of health insurance from the town (usually shifted to a spouse’s plan). In all cases this meant a higher wage or salary but a lower benefit cost. The share of the insurance cost to employees also rose to seven percent. Murray said the town saved $82,441 as a result of nonunion employees, ASCME employees and police accepting the town’s proposal and switching plans. Firefighters did not accept the proposed changes in 2008, 2009 and 2010. She said the town had a pay and classification study done by Thornton and Associates in 2008 that looked at total compensation (pay and benefits) for all town positions. The study led the town to make adjustments, including pay increases for some positions. Murray said that ASCME came prepared to negotiate the changes for the town office positions it represented, but the firefighters union was not prepared to make any concessions or change health insurance plans. “Not recognizing the union is the only way to resolve this,” Murray said. Town Manager Dave Owen said that the firefighters would be placed under the town’s personnel plans as of the first pay period of October, and during the month of September there will be an open enrollment period for firefighters. Selectman Sarah Silk said, “During difficult times, ASCME and nonunion employees have made concessions. I am very disappointed that we have not been able to move forward [with the firefighters] after three years.” Selectman Chuck Storm asked how Wolfeboro compared to other towns in health insurance. Owen said he has read about towns going to 18 percent and 25 percent employee contributions to health insurance vs. seven percent for Wolfeboro town employees. “Firefighters pay no share, plus they get differential pay as well,” he said. Murray added that the current family plan costs the town $3,950 more for firefighters than for any other town employees. Selectman Marge Webster moved to rescind recognition of the union, stop negotiating and bring the firefighters into line by October. The vote was 5-0 in favor.
Editor
THURSDAY, AUGUST 12, 2010
Granite State Newspaper
WOLFEBORO — The Wolfeboro Board of Selectmen voted 5-0 on Aug. 4 to rescind recognition of the union representing members of the Wolfeboro Fire- Rescue Department. By rescinding recognition of the union, the board also repudiated the current contract between the union, Professional Firefighters of Wolfeboro, NH Local 3708, and the town. The move was the town’s final response to three years of failed negotiations over health insurance benefits. The legal basis for rescinding recognition was that the RSA cited in Warrant Article 19 in 2002 authorizing the town to recognize the union, RSA31:3, had been superseded in 1975. The superseded RSA allowed a town to recognize a bargaining unit of as little as three members. The current law, RSA 273-A:8 states that “in no case shall the board certify a bargaining unit of fewer than 10 employees with the same community of interest without the prior approval of the governing body of the public employer,” meaning Town Meeting.
Since Article 19 did not cite the proper RSA, it was invalid. Current membership of Local 3708 is nine members (three lieutenants and six firefighters). The real issue was the refusal of the union to accept terms for health insurance in line with all other town employees. In 2007 the town undertook a review of the total compensation of town employees, including benefits as well as wages and salaries. According to Selectman Chair Linda Murray, “the town needs to control increases in the cost of benefits and shift the emphasis on to salary and away from benefits.” To accomplish this, the town reduced the number of health insurance plans offered from six to three, and offered to add the cost difference between an employee’s current plan and a lower cost plan to the employee’s salary, less their contribution to the plan. The town also offered an opt-out payment to employees who opted out of health insurance from the town (usually shifted to a spouse’s plan). In all cases this meant a higher wage or salary but a lower benefit cost. The share of the insurance cost to employees also rose to seven percent. Murray said the town saved $82,441 as a result of nonunion employees, ASCME employees and police accepting the town’s proposal and switching plans. Firefighters did not accept the proposed changes in 2008, 2009 and 2010. She said the town had a pay and classification study done by Thornton and Associates in 2008 that looked at total compensation (pay and benefits) for all town positions. The study led the town to make adjustments, including pay increases for some positions. Murray said that ASCME came prepared to negotiate the changes for the town office positions it represented, but the firefighters union was not prepared to make any concessions or change health insurance plans. “Not recognizing the union is the only way to resolve this,” Murray said. Town Manager Dave Owen said that the firefighters would be placed under the town’s personnel plans as of the first pay period of October, and during the month of September there will be an open enrollment period for firefighters. Selectman Sarah Silk said, “During difficult times, ASCME and nonunion employees have made concessions. I am very disappointed that we have not been able to move forward [with the firefighters] after three years.” Selectman Chuck Storm asked how Wolfeboro compared to other towns in health insurance. Owen said he has read about towns going to 18 percent and 25 percent employee contributions to health insurance vs. seven percent for Wolfeboro town employees. “Firefighters pay no share, plus they get differential pay as well,” he said. Murray added that the current family plan costs the town $3,950 more for firefighters than for any other town employees. Selectman Marge Webster moved to rescind recognition of the union, stop negotiating and bring the firefighters into line by October. The vote was 5-0 in favor.
Car Fire on Forest Road
May 4, 2010- Group 1. E-4 and Car1 responded to Forest Road by Carry Beach for a car fire.
Friday, February 11, 2011
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