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Firefighter hours could change if lawsuit failsThursday, May 31, 2007
The changes, which were part of the November ballot measure increasing the state's minimum wage, eliminated the exception to the 40-hour week for public safety employees such as firefighters and police. Attempts to restore the old rules during this year's session of the Missouri Legislature failed as politics over other minimum-wage issues intruded into the debate. Cape Girardeau city manager Doug Leslie estimated that if Cape Girardeau were forced to pay overtime to firefighters, it would cost the city about $1 million annually. Since Jan. 1, the city has amassed a bill of about $410,000 due firefighters if the lawsuit fails and the judge orders retroactive overtime pay. "There are a full range of options that would have to be evaluated if the court case isn't rendered in the cities' favor," Leslie said. "We could not pay that level of overtime. It is just not affordable." Jackson, with a smaller fire department, would have to pay firefighters about $100,000 a year more if the Missouri Municipal League's lawsuit fails, city administrator Jim Roach estimated. With a July hearing pending in the case, Roach said, the city may act soon to control those costs in anticipation of an adverse ruling. "If this doesn't get solved one way pretty soon, we are going to have to look pretty hard at putting firefighters on a 40-hour week," Roach said. Cape Girardeau fire department Capt. Dean Lynn, president of Local 1084 of the International Association of Firefighters, said he believes Cape Girardeau could avoid the additional costs by signing a collective bargaining agreement with the union. Other cities with union contracts believe they are exempt, and Belton, Mo., signed an agreement with its union in January that included pledges from firefighters not to seek back overtime pay. "For the people in contracts, it is not much of an issue," Lynn said. The Missouri Supreme Court ruled Tuesday that public employees have collective bargaining rights and that contracts concerning pay and working conditions are binding on the political subdivisions once they are approved. Firefighters are willing to forgo the overtime mandated by the law to keep their current work hours and pay, Lynn said. "We are not interested in receiving the overtime," he said. The union does, however, want another issue with the city resolved involving vacation time and sick leave accrual rates. At the end of 2006, the city chose to reduce these rates from 48 hours per month to 32. The move only affects newly hired firefighters and will save the city about $46,000 this year. Firefighters, who work 10 24-hour shifts per month, work about 800 hours per year more than general employees, Lynn said. But if the accrual issue can't be solved, firefighters would be willing to sign a contract on the overtime issue alone, he said. Cape Girardeau has never entered into formal contracts with employee groups, Leslie said, and has been advised by its attorneys that a contract wouldn't change whether it will owe overtime to firefighters. "You can't reach an agreement that supersedes state law," Leslie said. Firefighters' unusual hours allow more time for families or second jobs. "Besides the fact that the overtime thing would have a tremendous impact on us budgetwise, to switch those folks to a 40-hour week throws their world into turmoil," Roach said. The change in state law that was included in the ballot measure eliminated a reference to federal labor laws governing public safety employees. That federal provision allows firefighters to work an average of 56 hours a week and police to work 44 hours a week before triggering overtime pay. When lawmakers took up the issue, a small group of powerful legislators opposed making a change unless another provision triggering cost of living increases was also repealed. A court ruling against the cities could be fixed by lawmakers next year, but not before major disruptions in firefighters' schedules, Leslie said. 335-6611, extension 126 Comments  Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please Login or Create an account first, and then you will be able to flag a comment as objectionable. Please also note that those who post comments on semissourian.com may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.
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It is very generous of Firefighter Locals to say that they would wave overtime payments. I am sure their attorneys are well aware of Department of Labor rules that clearly prevent hourly employees from working off the clock for any reason. They give with one hand and take away with the other.
They just don't want to lose the many days off they have in a month - otherwise they wouldn't be able to work their lucrative 2nd jobs.
I believe.....that the firefighters do not want to work "off the clock", nor would I, but just want to follow the exemption that the federal department of labor already allows, which is quoted in the article...."56 hours for firefighters and 44 hours for police". Unfortunately not all FLSA exemptions apply to all other employees.
Mr. Roach is quoted as saying "If this doesn't get solved one way pretty soon, we are going to have to look pretty hard at putting firefighters on a 40-hour week." This could also be very costly to the cities as where if firefighters were truly on a 40 hr. work week then an additional shift would need to be hired, which means more employees with salaries and benefits. Or, if they worked 12 hour shifts then overtime would still be paid out.
This exemption truly was beneficial to both the cities and the firefighters and it is a shame that the legislation was blocked by a strong lobbyist group that did not feel they needed to pay some hard working restaurant employees a fair wage.
longtime_cape_resident, since when do we as a citizen of the United States want to take away from someone that has the initiative to work a second job? I have not found one job yet that someone could not work at and still work a second job, if they have the initiative.
ok, so they have 10 24 hour shifts a month for a total of 240 hours. 40 hours a week comes to 173 hours per month. I assume the firefeighters sleep 8 of the 24 hours so they only "work" 160 hours a month.
After deducting there generous time off and sick days of 48 hours a month, they only have 112 hours a month, all squeezed in to 8 days.
So in my opinion the firefighters just want to keep their current system so they can work their second jobs and all the other activities they participate in.
Interesting--Assuming is a very dangerous thing to do, break it down --assume--.
Let's make this easy for all, a typical 40 hour position works 2080 hours a year, a firefighter works 2912 hours per year. Divide this by 12 months comes out to 173.33 for 40 hours and 242.66 for firefighters. Take the deduction of vacation for a City of Cape General employee of 8 hours sick time and 8 hours vacation time per month and you end up with 157.33 hours. For a firefighter (hired before the new adjustment) it is 24 hours for sick time and 24 hours for vacation time, which leaves 194.66 hours.
To subtract 8 hours per shift for "sleeping time" is ridiculous, if you truly believe this is the only fair way to do it then how about you counting the time your sleeping at home as part of your work time, because, the last I remember the Cape Girardeau Fire Department does not allow you to go "home" and sleep and get paid. Irregardless of anyone liking or disliking someone sleeping on their dime, when a call comes in they have to respond and it has to be within minutes. Unless, you have figured out a way to ensure the citizens of Cape that they will not have a fire, vehicle accident, heart attack, stroke or any of the many other type of emergencies that they respond to on an hourly basis.
The whole point of the article is that the cities are going to have to come up with some big money to pay for the overtime that has been incurred over the last six months for not only the firefighters but also the police officers. As stated in my last posting this exemption was beneficial to all involved, not just the firefighters.
Again, why do you or anyone else care if someone works a second job? Have you never worked a second job? If not maybe your job pays extremely well, maybe someone might even consider it to be too much.
Its comforting to know the longtime_cape_resident has a good enough paying job that he dont have to work a second jub. Unfortunately I am not that way. I am also a FF/EMT in the Lake of the OZarks, and a Cape native. I understand the fact of working a second job, we cannot make it on the one salary. To give you a example I am working 3 jobs. Just to keep my head above water.
I work a 2nd job myself...and have for over 30 years...
I almost laughed out loud when I read this article and the comments made by Leslie and Roach. You can rest assured there is no financially feasible way they could change Firefighters to a 40 hour work week and still maintain the current level of protection. They both failed to mention they would have to hire a whole additional crew for each station to include personnel to cover leave time for those employees.
If Mr. Roach is concerned about a schedule change throwing their employees into turmoil he needs to look no further than to the East coast. Many fire departments out there work 24 hour shifts on a (24 / 72) which equals a 42 hour work week. I'm sure his employees would accept that work schedule.
I found it ironic that the City of Cape has allowed Firefighters to work 800 hours more than general employees (for the same pay) when it's to the city's benefit. Even recently citing "down time" and their apparent high number of days off work as justification for benefit reductions. But now the changes in the law makes the city accountable for these extra hours worked and it's cause for alarm.
With the addition of collective bargaining in Missouri, this law change and the past history of Cape City Officials refusing to negotiate benefits with their workers, they should tread lightly and prepare to reap what they have sowed.
Regarding the "lucrative" second jobs, I find that hard to believe. I knew of a Firefighter who worked as a gas station Clerk and one who drove a concrete truck. I think that is somewhat typical of their part-time employment and I see that as far from lucrative. Obviously "longtime_cape_resident" you have an issue with the Firefighters and I can only urge you to apply for a job and seek some of that "greener grass" you speak about.
Just to give folks a little idea of what the city would owe EACH firefighter in Cape for back pay. Each firefighter would get on an average of $2,000 (as of now). I think the city of Cape better think real hard about giving the firefighters back the vacation and sick time they are taking away from them if the fire union is willing not to receive the overtime money owed to them. The firefighters are trying to save the city money, all the city has to do is give the accrual rates back. SIGN ON THE DOTTED LINE KNUDTSON!!! Then maybe the moral will come back in the stations.
I've been very optimistic with the city but after their last comments, they can straighten up or cough it up.
FIRESUPPORTER----I do not know the current rate of pay for the UNDERPAID FIREFIGHTERS, but, I think it would be around double the figure you used..
832 hours over a 40 hour employee divided by 12 months equals 69.33 hours per month x 5 months already finished for this year equals 346.66 x the hourly rate (lets say 10 dollars x 1.5 for a total of $15 per hour overtime rate)brings the total to $5,199.9. Now any overtime already paid for these hours would have to be subtracted and irregardless, like you said it is a substantial amount.
How could Chief Ennis let this happen? All the frustration, negativity, etc., could have been avoided. This is what happens when not supporting your men. A chief should stand up for his men, not sell them out. You can still make it right.