Attention Ontario affiliates:

As many of you were aware, the Town of Innisfil filed a grievance against the Innisfil Professional Fire Fighters Association, IAFF Local 3804 with regard to an allegation that the Association breached the collective agreement in advising a fire fighter that to accept employment in Innisfil as a two-hatter would violate the IAFF Constitution. The grievance was heard by Arbitrator Owen Shime in June and July.

On September 10, 2008, Arbitrator Shime released his decision (attached). Unfortunately, he granted the Town's grievance. As part of the collective agreement, the Association "recognized the continuing use of volunteer firefighters".  Based on this clause, the arbitrator found that the Association violated the Employer's "unfettered right to use volunteer firefighters regardless of their permanent employment elsewhere".

The arbitrator went on to explain, in his view, that the concern over safety arising from the use of two-hatters was not valid, and as such, the Association could not rely on this concern as part of the Association's obligations under the collective agreement to ensure reasonable administration of the collective agreement, including the implied right to ensure that its members work safely.

After reviewing the decision, the IAFF will be proceeding with a judicial review of it. In the interim, it is important to note that this decision is fact specific to Innisfil and the collective agreement language in place. As many of you are also aware, the Orangeville Professional Fire Fighters Association, IAFF Local 4328 is defending itself against a grievance brought by its Town for asserting its rights under the IAFF Constitution. This grievance is being heard by Arbitrator Ken Swan and this arbitration is scheduled to continue in October.

We will keep you updated on actions taken by the IAFF to uphold its constitution.

Fraternally,

Bruce Carpenter
13^th District Vice President