Posts Tagged Rick Urbinati president of the North Riverside Firefighters Union-Local 2714

North Riverside Fire Department news

Excerpts from the RBLandmark.com:

On Sept. 14, the village charged North Riverside Firefighters Local 2714 with surface bargaining and improperly bargaining, saying the union has forced an impasse in negotiations by insisting on the elimination of the village’s private paramedic service provider, Paramedic Services of Illinois (PSI).

“The union has demanded the village terminate its contract with PSI as condition of any agreement,” the village’s complaint states.

The village filed the complaint with the state labor board after the two sides met on Aug. 31 and Sept. 8.

But the union’s attorney waved off the complaint, saying those two meetings weren’t bargaining sessions at all and that the village has not complied with last month’s state labor board’s ruling … that required the village to post notice of the violations, rescind the termination notices, and bargain in good faith. But the village has not posted the notice or rescinded the termination notices, according to the union’s attorney.

Instead, the village has appealed the labor board’s ruling to the Illinois Appellate Court.

There are now two matters involving the two-year old contract dispute between North Riverside and its firefighters before the appellate court. The first is the village’s appeal of a Cook County Circuit Court judge’s ruling that she did not have jurisdiction over the village’s call for unilateral termination of the firefighters’ union contract.

That matter has been in the appellate court’s hands for 11 months. Now the village has appealed the state labor board’s unfair labor practice ruling.

Meanwhile, the North Riverside mayor said that despite the pending court matters, he wants to come to an agreement with firefighters and that the meetings on Aug. 31 and Sept. 8 were part of that effort.

“[The fire union] knew those were serious sessions,” said Hermanek. “We went there fully ready to bargain and get an agreement.”

Yet, correspondence between the two sides in the run up to those negotiating sessions indicate that they were approaching those meetings carefully.

In an Aug. 19 letter to village officials, union President Rick Urbinati requested a meeting with the village’s bargaining team, but made it clear discussions would include implementation of the labor board’s order.

When the two sides met, the village handed the union discussion items related to a new contract, but the village’s attorney made clear that it was not considered a contract offer or proposal.

The mayor called that language a legal formality because of the pending litigation. He also complained that the union wouldn’t budge from its insistence on replacing PSI paramedics with low-cost part-time employees for a time while firefighters are trained to be paramedics.

The union contract and PSI’s contract with the village are separate deals, the mayor said. He pointed to a new, unprecedented five-year contract with police officers and a new deal with police dispatchers as examples of the village’s interest in negotiating union contracts.

Berry acknowledged that the firefighters’ union was seeking termination of the PSI contract, “but as a part of a negotiated settlement.”

The union wasn’t about to let go of its wish to terminate PSI’s contract, Berry said, when the village still won’t rescind termination notices it has issued to union firefighters.

“They are still proposing to replace us.”

thanks Dan

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North Riverside considers privatizing the fire department (more)

Excerpts from theRBLandmark.com:

Despite the fact that both sides appear to remain far apart and a resolution is still beyond the horizon, North Riverside’s mayor and the leadership of the North Riverside Firefighters’ Union have been meeting informally over the past couple of months, trying to find something that resembles common ground.

Mayor Hubert Hermanek said last week that he has met with the union’s president, Rick Urbinati, eight times in recent months. It’s been 18 months since Hermanek rolled out a plan to privatize the village’s fire protection services, where union firefighters would be phased out and replaced with paramedic/firefighters supplied by Paramedic Services of Illinois (PSI).

Hermanek had hoped to save hundreds of thousands of dollars in mounting pension obligations with the move. The deal also would have eliminated a source of aggravation for Hermanek and the majority VIP Party, who the firefighters’ union publicly opposed in the 2013 and 2015 elections. The firefighters’ union has also filed numerous grievances against the village over the years.

In mid-December, Hermanek and North Riverside Finance Director Sue Scarpiniti were called to testify in front of an Illinois Labor Relations Board arbitrator as part of an unfair labor practice complaint lodged by the union against the village related to the privatization plan. Hermanek, who was grilled by attorneys for about three hours, characterized the four-day hearing as “combative and unpleasant.”

It’s unclear when the arbitrator will issue a recommended solution to the complaint, which alleged that the village did not and had no plans to negotiate a new union contract in good faith.

In the meantime, the village is waiting to hear from the Illinois Court of Appeals, which is considering an appeal filed by the village in the wake of a Cook County Circuit Court judge’s ruling in October that she didn’t have jurisdiction to rule on North Riverside’s lawsuit, which sought to terminate the union contract unilaterally.

As the waiting game continues, Hermanek and Urbinati say they’ll continue to meet to see if there’s some sort of solution that can be reached in order to tamp down the contentious environment that’s existed for more than two years now.

What Hermanek would like to do is cut a deal with the union that would allow the village to save money by not replacing three firefighter positions that have become vacant in the past year or so, through one retirement and two terminations. Hermanek said he’d like to be able to replace those positions with paid-on-call firefighters. Doing so would allow the village to avoid new pension obligations and avoid paying overtime to union firefighters.

However, the union’s position, according to their attorney, J. Dale Berry, is that the village is not allowed to staff its fire department — including its paramedics — in any way other than what’s required by state law. According to Berry, civil service rules were tightened in 2011, upgrading hiring standards for firefighters and paramedics. “The only way they can staff it is by hiring from a competitive list [of potential employees],” said Berry. Those rules can be the subject of contract discussions, said Berry, but “they have to negotiate that.”

When the village filed its lawsuit to privatize the department in September 2014, one of the key arguments was that the village ought to be able to terminate its contract with the union unilaterally after reaching an impasse in negotiations. But with almost every decision in court going against the village during the past 18 months, it appears that the village is extending an olive branch by Hermanek holding informal private talks with union leaders.

Both Urbinati and Berry said that a solution is possible. “We can settle this in a reasonable way,” Berry said, “but [the village] ha[s] to acknowledge they’re covered by the law.”

thanks Dan

a complete summary of articles on this topic can be found HERE

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North Riverside considers privatizing the fire department (more)

The RBLandmark has this article:

With an important court date looming, the village of North Riverside’s attempt to privatize its fire department got a bit more complicated last week when the Illinois Labor Relations Board (ILRB) issued a complaint against the village, charging that it failed or refused to bargain in good faith with the firefighters’ union and retaliated against union employees who engaged in protected union activities.

Melissa Mlynski, executive director of the Illinois Labor Relations Board notified the village on Dec. 8 that it had 15 days to file an answer to the complaint. The matter will be taken up at a hearing in the future.

In the meantime, both the village and firefighters’ union will appear in Cook County Circuit Court on Dec. 18. North Riverside officials hope that Judge Diane Larsen will rule that the village’s contract with the firefighters’ union, which expired April 30, has terminated.  The village filed a lawsuit seeking a ruling on the matter of the contract’s validity on Sept. 12.

A judge invalidating the contract, the village says, would clear the way for hiring Paramedic Services of Illinois (PSI) to take over fire operations for the village. The company has provided paramedic services for the village for nearly three decades. The village contends it needs to privatize the department in order to get out from under a large and growing pension burden. North Riverside says such a move would save the village $700,000 annually.

The union argues that the contract is still valid and that language in the contract clearly prohibits the village from laying off firefighters and privatizing the department while negotiations are still pending. The village claims that contract talks are at an impasse; the union denies that contention.

On Sept. 18, North Riverside Firefighters Union Local 2714 filed a demand for arbitration with the Illinois Labor Relations Board. The board approved that demand for arbitration and one brief session has already been held. The next arbitration date has been set for Jan. 22, though that could change depending on what the judge rules on Dec. 18.

The union believes that arbitration is the proper venue for hashing out differences between the village and firefighters.

J. Dale Berry, the local counsel for the firefighters’ union, said the ILRB complaint issued Monday bolsters hat contention.

The complaint, said Berry, also undercuts the village’s claims that there are no facts in dispute and that its lawsuit should be a simple administrative judgment. The village claims in its lawsuit that it had bargained in good faith and had participated in several negotiating sessions with the union before declaring an impasse.

But the complaint filed Monday states that the village failed to respond to union requests to negotiate a new contract until after the village announced publicly it would seek to have PSI take over fire operations.

On June 16, Mayor Hubert Hermanek Jr. issued a letter to residents announcing that proposed partnership with PSI “to include fire protection services and prevent layoffs.” The village and union didn’t sit down for their first negotiating session until June 24 and reportedly gave the union a take-it-or-leave-it proposal for firefighters to resign their positions with the village and become employees of PSI.

Firefighters refused to accept the proposal.

The complaint also alleges that Fire Chief Brian Basek denied personal and vacation day requests to union officials, including union President Rick Urbinati, Vice President Chris Kribales, Treasurer David Rajk and Union Steward Jason Williams in the wake of that negotiating session. In the past, the complaint states, such requests were granted routinely.

The complaint alleges that the chief’s actions were taken “to retaliate against public employees because they engaged in protected, concerted and union activity.”

thanks Dan

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North Riverside considers privatizing FD (more)

The Riverside-Brookfield Landmark has an article on the continuing push to privatize the fire department in North Riverside:

The village of North Riverside filed suit in Cook County Circuit Court on Friday, asking a judge to allow it to proceed with a plan to privatize its fire department in order to escape the “prospective devastating financial consequences” that would result from operating its full-time municipal fire department in the future.

In the lawsuit, the village claims that management and North Riverside Firefighters Union 2714 are at an impasse after “months” of negotiations. The first time the two sides sat down to discuss a new contract was June 24. Their final negotiation session, overseen by a federal mediator, took place Sept. 9.

At the heart of the lawsuit is the village’s contention that it should not in this instance be limited by language in its union contract with firefighters and contained in the Illinois Labor Relations Act, which states that no one side can unilaterally change employment conditions while negotiations or arbitration are pending.

The village’s position is that “it can no longer responsibly enter into a ‘new or amended agreement’ with the union” because of its financial situation, which it lays out in detail in the suit. Further, the village argues that neither the union contract nor labor law prevents the village from outsourcing its fire protection services “following a good-faith legislative determination of the present and future economic necessity to take such action, and following good-faith negotiations with the union.”

The firefighters union remains unconvinced that the village has any right to terminate the conditions of its contract, which expired April 30.

“They can’t do anything without a declaratory judgment,” said Rick Urbinati, president of Local 2714. “The fact is, it’s still in effect, and we’re still working. We’re not leaving work.”

North Riverside Mayor Hubert Hermanek Jr. stated earlier this week that he would be disappointed if the village was unable to privatize the fire department by November.

As a result, the village’s attorney, Burt Odelson, said he will be asking Judge Diane J. Larsen to expedite the case during an as-yet unscheduled hearing next week.

Meanwhile, union firefighters from North Riverside and other neighboring communities met in Berwyn on Friday to discuss the possibility of pitching consolidation as a better resolution to voters as early as next spring. Urbinati said the first step is to determine what the boundaries of such a consolidated department might be. After that, firefighters would have to get enough signatures on petitions in each community that would be affected to get a consolidation question on the ballot.

As for the lawsuit pending in circuit court, Urbinati expressed confidence that a judge would uphold the language in the contract and as expressed in labor law.

“I don’t see how any judge can allow this,” said Urbinati. “But if that’s where this needs to go, we’ll wait to hear what the judge has to say.”

North Riverside Fire Lawsuit

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North Riverside considers privatizing FD (more)

The Landmark.com has an article on the continued negotiations involving a possible privatization of the North Riverside Fire Department.

North Riverside Mayor Hubert Hermanek Jr. could decide as early as this week whether to move ahead with a plan to privatize the village firefighting services.  While there’s no timeline for action, Hermanek indicated he would quickly move to privatize the department if no progress is made during a negotiating session with union members scheduled for Wednesday, Sept. 3.

This time the two sides won’t be facing each other across the negotiating table. Instead, they’ll be in separate rooms and the session will be in the hands of a federal labor mediator.  Mediators are required by law to become involved in negotiations when there is an impasse.

“We’re very, very far apart,” said Hermanek. “We’ll see if we can make some headway. If not, something will happen.”

That “something” will be turning over the village’s fire services to Paramedic Services of Illinois (PSI), which for nearly three decades has provided paramedic services for North Riverside.

The village’s privatization offer to firefighters included extending all 16 union members job offers with PSI at their present salaries. However, the firefighters’ benefits would change. Most important for firefighters, they would no longer accumulate pension benefits. Instead, they would qualify for pension benefits they’ve already earned, but moving forward would be part of a 401(k) plan. Firefighters would no longer be employees of the village, but of PSI.

Firefighters, however, have so far rejected the village’s offer and claim that any move to privatize the department would be illegal. They have threatened to fight any such action in the courts. Hermanek believes that privatizing the department is legal. He also wants to move quickly, he said, because the Illinois General Assembly may move this fall to outlaw privatization bids like the one being proposed in North Riverside unless the question is put to voters.

Hermanek said he’s heard that state senate Democrats are ready to introduce a bill regarding fire department privatization when the General Assembly reconvenes in November.

“That’s why I don’t want this dragging on,” Hermanek said.

The sides remain far apart, he said, despite what he called a “significant compromise” on the part of the village in negotiations. He declined to specify what that compromise involved. Firefighters would like to see PSI eliminated from the equation by training union firefighters to be paramedics. The village contends that solution will increase the village’s pension obligation.

Rick Urbinati, the president of North Riverside Firefighters Union Local 2714, said he had not yet seen an updated offer from the village but expected to see something Sept. 3.

“From what I understand, they have a compromise proposal for us,” said Urbinati. “We haven’t seen it, so I have no idea what kind of compromise they’re planning at this point. Right now we’re at where we’ve always been.”

The village contends that the burden of firefighters’ pensions — it now stands at about $1.8 million annually and is growing — is too much to bear. One of the reasons the pension burden is so high right now is that, during the past decade, North Riverside has failed to adequately meet its fire and police pension obligations. In several of those years, the village failed to make any contribution toward pensions for police and firefighters.

Firefighters have also complained that they are being made a scapegoat for problems village officials have created over more than two decades, consciously deciding to spend money on programs such as lifetime health insurance for village hall retirees, failing to increase property taxes for more than two decades, and the now-discontinued practice of subsidizing water and waste hauling services for residents.

Union members also believe they are being targeted because North Riverside Firefighters Union Local 2714 backed a political slate opposed to Hermanek and the majority VIP Party in the spring of 2013.

thanks Dan

The sequence of previous posts on this topic:

Post #2

Post #3

Post #4

Post #5

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North Riverside considers privatizing FD (more)

The Riverside-Brookfiled Landmark has an article about this week’s village board meeting in North Riverside;

North Riverside’s village board on Monday night was confronted with a sea of orange and a strong display of solidarity toward firefighters, who are battling against a plan to privatize the department and shift the village fire service to the company that now provides its paramedics.

For the second straight week, about 150 people packed the Village Commons council chamber to overflowing. The vast majority, many of them North Riverside firefighters and union [members] from other municipalities, wore orange T-shirts bearing the crest of North Riverside Firefighters Local 2714.

“Your radical idea to balance your budget [after] years of misappropriation and mismanagement of town funds, does not give you the right to bargain with our safety,” said Chris Kribales, a North Riverside firefighter and resident of the village for more than a decade. “This town deserves professional, sworn people to protect them.”

Monday’s meeting was the legally required public hearing for the village’s 2014-15 appropriations ordinance, which must be passed by the end of July. The village board is scheduled to meet at a special session on Thursday, July 24, to pass the ordinance, which guides spending for the current fiscal year, which began May 1.

The appropriations ordinance drafted by village officials calls for a savings in fire department spending of more than $700,000. Mayor Hubert Hermanek Jr. has proposed deriving that savings by contracting out fire protection services to Paramedic Services of Illinois (PSI), which has provided paramedics to North Riverside for 28 years.

Firefighters have been offered a chance to sign on with PSI at their current salaries, but they would lose benefits such as their pensions and health care in favor of benefits provided by PSI.

Hermanek has identified the steep cost of firefighter pensions as the reason the village needs to change the way the fire department operates. The village has failed over the past decade to fund its fire and police pensions adequately, and now faces sanctions from the state of Illinois unless it does so.

Firefighters and their supporters say the village is scapegoating firefighters for financial problems it built for itself over more than two decades, including a failure to raise the village’s property tax levy, village subsidies for water and waste hauling services, and generous salaries and benefits for village employees and elected officials.

North Riverside firefighters have been working without a contract since April 30. The village and the union have had two negotiating sessions so far. A third is scheduled for July 21, just prior to the vote on the fiscal-year appropriation.

Firefighter Rick Urbinati, who also made a public statement at Monday’s hearing, said he believed the two sides could negotiate an agreement that would save the union structure and find the savings the village is looking for. “This union’s been here since 1979 and it’ll stay here.”

The attorney for the firefighters union has said previously that the union would sue the village if it attempted to privatize the department.

Several supporters of the union who spoke Monday said they would be happy to pay more in taxes to ensure that the village’s fire department remained as is. Others cautioned that privatizing fire protection was risky and would be susceptible to constant turnover. Of the 18 speakers, Monday, 13 were strong supporters of the firefighters’ position. Only a handful warned that the village’s pension burden would drive North Riverside’s finances into the ground.

“Pension costs for village employees are eating us alive,” said Al Meyer, who supports the village’s proposed solution to the pension issue. “Our village leaders have stepped up with an innovative plan to address this problem. Continue negotiations with the fire union to cut expenses. And if that fails, privatize the fire department.”

thanks Dan

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North Riverside considers privatizing FD (more)

The Landmark.com has an op ed piece on the proposition in North Riverside about privatization of the fire department.

Pardon the residents of North Riverside if they’re feeling just a little embarrassed these days.

Known for their hard work and sense of fairness and accountability, North Riverside residents have been faithfully paying their tax bills each year with the understanding their elected officials have been taking care of village business.

Fact is, the politicians who decide how to spend the hard-earned tax dollars of North Riverside have been misappropriating village funds and diverting public workers’ funds for other purposes.

That’s exactly what this is: by rerouting revenues earmarked for police and firefighter pension payments for other purposes, the politicians who run the village of North Riverside have in fact been misappropriating public funds.

In five of the last 10 fiscal years, the village board has declined to pay even one dollar into the pension fund for its firefighters. Now, Mayor Hubert Hermanek Jr. is threatening to privatize the village fire department, not because the current firefighting corps is incapable but rather to siphon off additional dollars that should be earmarked for public safety.

In fact, members of the North Riverside Fire Department are among the most professional firefighters in the Midwest. No, Mayor Hermanek is flirting with privatization, because his own village board isn’t honest enough to pay its bills the same way its residents do.

This is not a new crisis, only one of cynical opportunity for Mayor Hermanek. Indeed, on July 5, 2011, the Landmark ran a story detailing warnings by then-Trustee Rocco DeSantis that the village faced lawsuits because of its refusal to comply with its legal obligation to police and firefighter pensions.

Interestingly, Trustee DeSantis also accused the board of hypocrisy because its own pensions were current and healthy under terms of the Illinois Municipal Retirement Fund.

Privatization of a professional public fire department raises all sorts of questions of political propriety. After all, no one makes a profit from public service — at least not legally.

But most importantly, this cynical display of irresponsibility by Mayor Hermanek represents a serious threat to the safety of all North Riverside citizens. The reason communities maintain public police and fire departments is because the safety and security of our families should be the top priority at all levels of government.

The performance of Mayor Hermanek and the village board is more than a source of embarrassment for the taxpayers of North Riverside.

It’s outrageous.

Pat Devaney, president

Associated Fire Fighters of Illinois

thanks Dan

And from the Chicago Sun-Times:

The union representing North Riverside firefighters promises to sue if the village hands over control of the fire department to a private company, as planned.

The villages’s mayor contends his proposal would ease a pension problem. But the company poised to get the contract also is a contributor to Mayor Hubert Hermanek Jr.’s political party. What’s more, the move could set the village up for a costly court battle. Officials had hoped it would rein in costs.

“We understand there’s a problem forcing their hand, but it shouldn’t be at the expense of the fire department,” said Rick Urbinati, president of the North Riverside Firefighters Union-Local 2714, who claims the move would break multiple state labor laws.

Since 2008, village officials have lowballed or skipped payments to police and fire pension funds, according to the Illinois Department of Insurance. As a result, both pension accounts are only about 40 percent funded. Complicating the matter is a change in law that allows the state to garnish tax revenues from towns that are delinquent on their payments.

“If we don’t totally fund the pension by 2016, they’re going to start intercepting our sales tax,” said Hermanek, who took office a year ago after serving as trustee.

Pat Devaney, president of the Associated Fire Fighters of Illinois, said newly created or redrawn fire districts have opted to use private companies. But this is the first time he has heard of a municipality trying to privatize an existing department.

And Hermanek thinks there are others, waiting to see how the situation in North Riverside plays out before considering similar plans of their own.

Hermanek said North Riverside faces a $1.9 million deficit and is reliant on sales tax revenue, which has been low since the recession hit. But the village of 6,700 also is not large enough to receive the “home rule” designation allowing officials to hike the sales tax within their borders. Property taxes are a non-starter, because raising the $700,000 yearly to fund the pension fund would be huge hike, Hermanek said.

To sidestep those issues, Hermanek wants to award a $9 million, five-year contract to the Paramedic Services of Illinois — a company that in recent years has made $3,800 in donations to the local “Voter’s Improvement Party” — a party that counts Hermanek and a majority of trustees as members. Donations made by the company, which did not respond to a request for comment, account for 26 percent of money raised by the party since 2005, according to state records.

Under Hermanek’s proposal, which is supported by a majority on the village board, the department’s 16 unionized firefighters would be offered jobs with Paramedic Services of Illinois. The company currently provides ambulance service for the village and would train firefighters to be paramedics as well, to eliminate overlap.

The firefighters could keep their current base pay, but would have reduced benefits and would be required to surrender their pensions in favor of a 401(k) program, according to a village memo. Former employees could still collect a pension, and current employees will get a pro-rated pension based on what they’ve paid in, according to the memo. The plan is scheduled for a final vote on July 14.

Urbinati said unionized firefighters will refuse to work for the company and hope to negotiate an alternative to privatization. And J. Dale Berry, an attorney representing the firefighters, said he’s willing to negotiate a contract that would cost the village the same as their proposed deal with Paramedic Services of Illinois.

Trustee H. Bob Demopoulos, the lone critic of the plan on the village board, says the deal stinks. “We subsidized water. We subsidized garbage. They never bid out any contracts until recently,” Demopoulos said. “Now we’re in such a financial rut that they are asking our firefighters to sacrifice.”

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