The arbitrator has issued the final ruling in favor of Lieutenant Spallina and confirmed that his suspension was without merit. This collective effort secured justice for a dedicated public servant. We will remain observant to ensure the department adheres strictly to the terms of this decision.
November 29, 2016
Final supporters
Unanimously approved on September 21, 2016 by the Chicago Fire Fighters Union Local 2 Executive Board
On July 12, 2016, well-respected Arbitrator Jacalyn Zimmerman issued her Opinion and Award in Lt. Steve Spallina’s grievance regarding his 60 day suspension. Arbitrator Zimmerman is a member of the National Academy of Arbitrators and is a former General Counsel of the Illinois Labor Relations Board. In her Award she sustained the grievance, finding that there was no just cause for the suspension, that Spallina “was not guilty of insubordination” and directed the Employer to make Spallina whole for the losses he suffered. These losses include not just salary, but duty availability pay, specialty pay, health insurance premiums, Con-Ed pay and lost overtime opportunities.
It is well established that an employee who disagrees with an order should “obey now, grieve later.” Arbitrator Zimmerman, however, based her ruling on a narrow exception recognized by numerous arbitrators and well established labor law treatises, which state as follows: “An employee may refuse to carry out a particular work assignment if, at the time . . . he reasonably believes that by carrying out such work assignment he will endanger his safety or health.” In her award Arbitrator Zimmerman pointed out, “this exception applies equally where, as here, an employee invokes it on behalf of other employees rather than himself.”
Regarding the issue of suspected Ebola as related to Spallina by on-the-scene members, the Arbitrator found: “Any reasonable person with only that knowledge would resist sending another member into such obvious peril,” and Spallina “had an entirely reasonable fear that detailing one of his members . . . would pose a grievous risk of harm - which went well beyond anything inherent in the profession.”
We were recently informed that the Department is going to court to seek to have the Arbitrator’s decision overturned on the basis that it is against “public policy” - that firefighters would stop doing their “inherently” dangerous job because of this decision.
In our view the Department’s position is without merit and grossly insulting. In seeking to set aside and overturn Arbitrator Zimmerman’s well thought out Award, the city not only disregards the actions Spallina took to protect the health and safety of his company, but it is a disservice and insult to our membership as a whole. Our membership on a daily basis, perform their duties and serve the interest of the public in situations that are inherently dangerous. It is clear that the Department holds the health and safety of the members of Local 2 in low esteem and disregard.
Sign on as a proud member of Chicago Fire Fighters Union, Local 2, standing in solidarity with our brothers and sisters by expressing your disappointment in the CFD’s decision to challenge this final and binding arbitration award.
Unanimously approved on September 21, 2016 by the Chicago Fire Fighters Union Local 2 Executive Board
*** Please disregard the donation page after you sign the petition, we are NOT seeking any money. That page is solely for support of the Ipetition website company ***
Updates
Reached 2,500 supporters
October 6, 2016
September 29, 2016
The feedback I have received regarding the implications of the arbitrator ruling reflects a deep concern for the safety protocols governing our fire department. I am currently coordinating with legal counsel to determine the most effective way to present these findings to the department leadership.
Reached 1,000 supporters
September 22, 2016
Reached 100 supporters
September 21, 2016
September 19, 2016
The signature count is nearing one hundred. Reaching this threshold will provide the visibility necessary to emphasize the gravity of the arbitrator's findings to the relevant authorities.
114 Comments
As a responding member to that incident, I am thankful that Lieutenant Spallina took the health and safety of his crew and their families seriously. He should be commended for his brave decision to ignore a potentially life threatening directive. I salute him!
The city tried to to overturn the arbitrators ruling on the Engine 100 fiasco. The city lost then and will loose on this one. I can't believe theres not more signatures. Lets go union members. Solidarity!
STEVE did the right thing and protected his company. Now abide by the arbitration ruling and pay the man for the aggravation you put him and his family through.
Commissioner Santiago has shown contempt for the members of this department, and gross mismanagement of the people he leads. I have yet to hear ONE person on this department who endorses, or even LIKES this man. The members of this department have NO CONFIDENCE him As a former Marine, he should do the honorable thing, and resign his position.
This officer should be giving award For his concern for his men and turn a hazard situation into a safe environment For all.
This action and attitude by the City shows a blatant and wanton disregard for the members of The Chicago Fire Department!
Please no more sucking money out of us. Find another way. Create a business that will only fund city infrastructure and in the meantime watch city spending.
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The arbitrator has issued the final ruling in favor of Lieutenant Spallina and confirmed that his suspension was without merit. This collective effort secured justice for a dedicated public servant. We will remain observant to ensure the department adheres strictly to the terms of this decision.
November 29, 2016
Final supporters
Unanimously approved on September 21, 2016 by the Chicago Fire Fighters Union Local 2 Executive Board
On July 12, 2016, well-respected Arbitrator Jacalyn Zimmerman issued her Opinion and Award in Lt. Steve Spallina’s grievance regarding his 60 day suspension. Arbitrator Zimmerman is a member of the National Academy of Arbitrators and is a former General Counsel of the Illinois Labor Relations Board. In her Award she sustained the grievance, finding that there was no just cause for the suspension, that Spallina “was not guilty of insubordination” and directed the Employer to make Spallina whole for the losses he suffered. These losses include not just salary, but duty availability pay, specialty pay, health insurance premiums, Con-Ed pay and lost overtime opportunities.
It is well established that an employee who disagrees with an order should “obey now, grieve later.” Arbitrator Zimmerman, however, based her ruling on a narrow exception recognized by numerous arbitrators and well established labor law treatises, which state as follows: “An employee may refuse to carry out a particular work assignment if, at the time . . . he reasonably believes that by carrying out such work assignment he will endanger his safety or health.” In her award Arbitrator Zimmerman pointed out, “this exception applies equally where, as here, an employee invokes it on behalf of other employees rather than himself.”
Regarding the issue of suspected Ebola as related to Spallina by on-the-scene members, the Arbitrator found: “Any reasonable person with only that knowledge would resist sending another member into such obvious peril,” and Spallina “had an entirely reasonable fear that detailing one of his members . . . would pose a grievous risk of harm - which went well beyond anything inherent in the profession.”
We were recently informed that the Department is going to court to seek to have the Arbitrator’s decision overturned on the basis that it is against “public policy” - that firefighters would stop doing their “inherently” dangerous job because of this decision.
In our view the Department’s position is without merit and grossly insulting. In seeking to set aside and overturn Arbitrator Zimmerman’s well thought out Award, the city not only disregards the actions Spallina took to protect the health and safety of his company, but it is a disservice and insult to our membership as a whole. Our membership on a daily basis, perform their duties and serve the interest of the public in situations that are inherently dangerous. It is clear that the Department holds the health and safety of the members of Local 2 in low esteem and disregard.
Sign on as a proud member of Chicago Fire Fighters Union, Local 2, standing in solidarity with our brothers and sisters by expressing your disappointment in the CFD’s decision to challenge this final and binding arbitration award.
Unanimously approved on September 21, 2016 by the Chicago Fire Fighters Union Local 2 Executive Board
*** Please disregard the donation page after you sign the petition, we are NOT seeking any money. That page is solely for support of the Ipetition website company ***
Updates
Reached 2,500 supporters
October 6, 2016
September 29, 2016
The feedback I have received regarding the implications of the arbitrator ruling reflects a deep concern for the safety protocols governing our fire department. I am currently coordinating with legal counsel to determine the most effective way to present these findings to the department leadership.
Reached 1,000 supporters
September 22, 2016
Reached 100 supporters
September 21, 2016
September 19, 2016
The signature count is nearing one hundred. Reaching this threshold will provide the visibility necessary to emphasize the gravity of the arbitrator's findings to the relevant authorities.
114 Comments
The situation should have been fixed that day. Help your troops, don't hurt them. Never forget where you can from. Chiefs need to lead and guide, discipline is a last resort. We learned from some of the best. Thank god. In the worlds most dangerous profession keep everyone safe.
As a responding member to that incident, I am thankful that Lieutenant Spallina took the health and safety of his crew and their families seriously. He should be commended for his brave decision to ignore a potentially life threatening directive. I salute him!
The city tried to to overturn the arbitrators ruling on the Engine 100 fiasco. The city lost then and will loose on this one. I can't believe theres not more signatures. Lets go union members. Solidarity!
STEVE did the right thing and protected his company. Now abide by the arbitration ruling and pay the man for the aggravation you put him and his family through.
Commissioner Santiago has shown contempt for the members of this department, and gross mismanagement of the people he leads. I have yet to hear ONE person on this department who endorses, or even LIKES this man. The members of this department have NO CONFIDENCE him As a former Marine, he should do the honorable thing, and resign his position.
This officer should be giving award For his concern for his men and turn a hazard situation into a safe environment For all.
This action and attitude by the City shows a blatant and wanton disregard for the members of The Chicago Fire Department!
Please no more sucking money out of us. Find another way. Create a business that will only fund city infrastructure and in the meantime watch city spending.
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The situation should have been fixed that day. Help your troops, don't hurt them. Never forget where you can from. Chiefs need to lead and guide, discipline is a last resort. We learned from some of the best. Thank god. In the worlds most dangerous profession keep everyone safe.