JEFFERSONVILLE —
A dispute over what counts as a sit-up is causing Jeffersonville officials to examine the legal language of its contract with the firefighters’ union.
The union contract, signed in December 2008, includes a fitness standard that requires firefighters to complete a certain number of sit-ups, push-ups and a 2 mile run, or its cardiovascular equivalent.
During a Monday night meeting, union President David Kaskie asked the city council to consider reopening negotiations, saying the fitness standard was tainted because of inconsistencies — including a debate over sit-ups versus abdominal crunches.
“I want the test to be consistent,” he said.
In the end, the council voted to expand the authority of the Jeffersonville Fire Merit Commission, allowing it to take on a related grievance. The commission handles other personnel issues such as hiring, firing, promotions and disciplinary actions.
Kaskie said when a new union executive board took office in January, it met with city administration members to talk about the specifics of the fitness standard. At first, the board was advised that the sit-up portion of the test would be abdominal crunches, Kaskie said. Later, he said, other members were tested and had to do full sit-ups.
“The current test, as of this year, is tainted,” Kaskie said, saying there were other inconsistencies as well.
The contract allows a firefighter three attempts during a 90 day period to pass the fitness test. The dispute relates to a firefighter who — although the results are under dispute — did not pass on all three attempts, Kaskie said.
“We have a contract that all parties agreed to,” said Council President Nathan Samuel. “And, from the council’s perspective, that’s what we have to look to.”
The contract says any and all fitness-related disputes shall be decided by the merit board.
However, Greg Clark, attorney for the council and merit commission pointed out, the city ordinance that created the merit board does not give it the authority to do anything but hire, fire, promote and discipline.
Hence, the council’s resolution to expand the merit board’s authority to address fitness issues.
Even with the resolution, which was presented, voted on and passed unanimously Monday night without ever appearing in written form, Clark said the merit commission itself would have to adopt rules for addressing such matters.
It could take the merit commission a month to do that, he said.
In the meantime, the firefighter who failed the test is not sure what his next step will be.
“All I’m wanting to do is go to work,” he stood up during the meeting and said.
Approached by a reporter after the meeting, the firefighter declined to comment further. He Clark later identified him as Sgt. Greg Hammond.
There’s also confusion about the consequences of failing the test.
The contract says that if a “firefighter does not pass the fitness standard [he or she] will be considered unfit for duty and shall be referred to the appropriate pension board.”
What happens if a firefighter goes before the pension board, and the pension board doctor declares he or is fit for duty, Kaskie questioned.
Clark said that contract addresses physical fitness; a pension board doctor would address medical health.
Two years ago, all parties said down and negotiated a contract for more than two months, Samuel said.
“And now you’re saying — no, we don’t agree with that language,” Samuel said.
Kaskie pointed out that no one is refusing to participate in making the department healthier, but that it would not allow termination to occur as a result of failing the test.
“We’re not just going to stand by and let this happen. It’s a fight we will fight,” he said.
In other business
• Mayor Tom Galligan noted that the Star of Jeffersonville’s docking barge, which has been sinking on the banks of the Ohio River for the last three months, will finally be removed.
“The Star should be gone sometime this week or next,” the mayor said. “I will be happy. The [U.S. Army] Corps [of Engineers] will be happy. And I think half of Jeffersonville will be happy.”
The barge was used as a ticketing and reception area for the now-defunct cruise line, which hosted parties and receptions. Attorney Larry Wilder, working for the city, confirmed that Jeffersonville signed a $5,000 deal with Sprigler Construction and two other companies that will remove the barge.
There seems to be confusion, however, about where the boat will go from there. Star stockholder David W. Evanczyk, who was reached earlier in the day, said he’d not been contacted about the deal. He noted his company signed an agreement granting the city the authority to remove barge, but that he was supposed to be contacted about once the city hired a company to do so.
Look for a follow up story on this issue in The Evening News later this week.
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