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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

The Wolfeboro Nursery School's four-year-old Bumblebee class enjoying a visit from Wolfeboro Fire
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

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

Abandoned Huggins Building Used for Firefighter Drills


Thursday, July 29, 2010BY ELISSA PAQUETTE

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.

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