Elgin Firefighters Local 439 has taken legal action by filing a motion with the Circuit Court of Cook County Chancery Division, seeking to have an arbitrator’s March decision dismissed. The ruling in question allowed the city to maintain reduced minimum shift staffing—down from 36 to 34 workers—which was implemented in January 2012.

The motion highlights that in December 2011, the city had asked the union to continue with the lower staffing level that had originally been agreed upon in February 2010. However, the union refused to accept this arrangement.

In October 2013, the union filed a grievance, which was escalated to arbitration in December 2013. Arbitrator Edwin Benn conducted three hearings in 2014 and ultimately ruled in favor of the city in March of this year, according to the motion.

The union claims that Benn showed bias or misconduct by failing to make credibility determinations, by initially calling the language of the Variance Agreement ambiguous during the hearing, only to later rule it unambiguous in his final award. It also points out that Benn made a ruling early in the process, before all evidence was presented, stating that the city did not intend to set minimum manning after the Variance Agreement expired. Additionally, the motion argues that Benn ignored key evidence and improperly interpreted the agreement’s language as unambiguous.

Furthermore, the motion accuses Benn of overstepping his authority by altering, modifying, and ignoring the terms of both the original agreement and the Variance Agreement when he concluded that the city had the right to unilaterally adjust staffing levels.

The union is now arguing that the arbitrator’s decision goes against public policy and is arbitrary and capricious. It claims that Benn’s ruling “did not draw its essence from the contract” because it effectively changed the terms of the agreement by allowing the city to alter staffing levels without mutual consent.

Since January 2014, Elgin firefighters have been working without a formal contract. Union President and Fire Captain Vince Rychtanek stated that the issue of the contract will likely be brought before an arbitrator this fall, and staffing levels are expected to remain a major point of contention.

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