Lancaster, Ohio officials believe they don't have to follow state law on deployment pay. Union may sue.
While Firefighter/Paramedic Darrell Wallace is serving our country in Afghanistan, his union and the City of Lancaster, Ohio are doing battle over Wallace’s salary. At issue is about $4500 in deployment pay that K.J. Watts, fifth district vice president for the Ohio Association of Professional Firefighters (OAPFF), believes is due Wallace. Darrell Wallace is a Navy medic assigned to a Marine unit during his year-long deployment.
In 2010, state lawmakers passed House Bill 449 which increased from 176 hours to 408 the number of hours a municipality must pay firefighters and emergency medical technicians per year when deployed.
While Lancaster firefighters negotiated 230 hours in their 2008 contract, the union believed the city would honor the new state law.
Instead, city leaders cited a 1980 Ohio Supreme Court ruling that mandated a municipality’s “constitutional home-rule authority regarding military leave of its employees prevails over conflicting state law.”
From an article by Rick Rouan at EagleGazette.com:
Wallace’s 2011 military pay from the city ran out in January, Watts said. He was paid for 230 hours — about $5,800 — instead of 176 hours because the union bargained for more time for military leave in 2008. But Watts said the new state law should supercede the lower number of hours provided in the contract.
“I haven’t really heard of a big push back against this law,” said Jim Carney, director of governmental affairs for the OAPFF. “I’m fairly surprised a city would be opposed to helping out someone who’s serving our country.”
If the city does not pay Wallace for the additional time, the union likely will take the issue to court, Watts said.
