Des Moines firefighters win holiday time dispute
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An arbitrator recently ruled in favor of Des Moines firefighters in a compensation dispute, concluding that the city must provide extra time off to those who work overtime on holidays.
Why it matters: The decision could greatly influence the fire department's funding and staffing choices.
- It comes at a time when budgets are tight, with city officials last month discussing the idea of removing a rig from service.
Catch up quick: The case focuses on firefighter Nathan Jones, who worked a 24-hour shift on July 4, 2024.
- He received double-time pay for 17 hours considered overtime, but he did not additionally accrue those hours for future time off, unlike the seven hours that were part of his regular shift.
Zoom in: The city argued that the union contract didn't entitle Jones to both double pay and time off for overtime hours, with fire chief John TeKippe saying that at least one instance where another firefighter was paid for both on a Christmas Day shift may have been "an error in an entry."
Yes, but: Arbitrator Marsha Ternus, a former Iowa Supreme Court justice, ruled on July 25 that the contract's language does not support the city's interpretation, determining that Jones — and others in similar roles — are eligible for the extra holiday hours.
What they're saying: Joe Van Haalen, president of Des Moines Professional Firefighters IAFF Local 4, told the City Council this month that the arbitration cost the union more than $30,000 in legal fees that were avoidable.
- "At best, it was a gross misjudgment. At worst, it represents a pattern of hostility toward the workforce that should concern every member of this council," Van Haalen said during an Aug. 4 City Council meeting.
The other side: The city believes that the ruling does not reflect the intent of the union agreement, city manager Scott Sanders wrote in an Aug. 5 email to council members.
- Axios' request to speak to TeKippe about the issue was denied, with city spokesperson Devin Perry saying the city's legal department prefers employees not to comment on litigation or labor matters.
Between the lines: The city did not spend money on outside counsel during the arbitration process but was still gathering information Tuesday to estimate costs associated with the decision, Perry said.
The intrigue: A separate legal battle is unfolding in West Des Moines, where a group of firefighters is suing the city, claiming they were misclassified under federal law and denied proper overtime pay, the Iowa Capital Dispatch reports.
What's next: The overtime time-off calculations begin immediately for Labor Day, Thanksgiving, Christmas, New Year's Day, Memorial Day and Independence Day.