Rare step of seeking a judicial review of an arbitrated firefighters settlement. A public body elected to represent Torontonians, council deemed it fit to discuss and vote on motion in private.
Thestar.com
Nov. 9, 2017
By Betsy Powell
City staff have taken the rare step of seeking a judicial review of an arbitrated settlement on the latest contract for Toronto firefighters.
A recent report from the city manager found that award to be “almost entirely one-sided and unbalanced.”
Members of council’s left-wing were unhappy with the move made public for the first time at its monthly meeting, which stretched into its third day Thursday.
“I believe this will not achieve the intended goal,” Councillor Janet Davis told council. “This will sour relationships with one of our largest employee groups.
Davis said she is unaware of any court ever overturning an arbitrator’s contractual award through judicial review.
“I don’t believe that this was a wise decision. I don’t believe that decision was based on ... information that would lead us to be successful in this ... litigation.”
Councillor Gord Perks said it was also entirely improper and perhaps unprecedented for council to vote on the issue during a closed door-session.
Council decided to discuss and vote on a motion in private.
“Unfortunately, I’m not allowed to tell anybody what happened,” Perks said.
“This, I think, today is a tremendous failure in openness, transparency and accountability on the part of this council ... I have never witnessed council before voting on whether or not a motion should be in public or in private.
“Never witnessed it.
“And I hope to never witness it again.”
The Aug. 17, 2017 award followed arbitration after negotiations broke down between the city and the Toronto Professional Fire Fighters’ Association.
The award boosted wages by 8.35 per cent over four years, so, at the end of the four-year deal, a first-class firefighter will earn $98,454, about the same amount as a first-class police constable under a negotiated deal between the city and Toronto Police Association.
The firefighter base pay hike will add $32 million to the city budget by 2018, an amount city staff warned would have a “significant financial impact” on the cost of operating the Toronto Fire Services.
Further, it will “challenge the ability of Toronto Fire Services to maintain effective on-duty staffing levels on a day-to-day basis,” said a report from city manager Peter Wallace.
Arbitrator James Hayes “broke from the long-established principle of wage parity” between first class firefighters and their police counterparts by giving firefighters higher pay hikes in 2016 and 2017, the report says.
While “these figures may not appear significant, the arbitrator’s rationale for this award is more problematic,” the report says.
While Toronto police “exchanged moderate wage increases for concessions ... none of those concessions were awarded by arbitrator Hayes,” it said.
“In fact, arbitrator Hayes failed to include any meaningful city proposals in this arbitration award, resulting in an award that is almost entirely one-sided and unbalanced.”
Last month, Frank Ramagnano, president of the Toronto Professional Fire Fighters’ Association, said the only way the city could seek a judicial review is if the arbitrator made an error in law, and “I’m not aware of anything in this award that that would be the case.”
