EAST CHICAGO, IN—The embers of a conflagration over city firefighters' work schedules is spreading to the courts and possibly into the new year.
Mayor Anthony Copeland, who is locked in a battle with the Common Council, has petitioned the Lake Superior Court’s judges to get involved as well.
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Copeland is asking the court to declare he — not the council — has sole authority to make firefighters work what they complain is a punishing swing shift.
The firefighters have called on the East Chicago Common Council for backup and a majority of the council has supported them against the mayor.
The city council passed, on first reading Dec. 9, Ordinance 19-0029 which would return the firefighters to their old work schedule of 24 hours on duty and 48 hours off. The council is now scheduled to pass the ordinance on second reading at 6 p.m. Monday.
But the new litigation may delay a resolution of this labor dispute until after the holidays are over. If so, firefighters would have to start over with a new Common Council, which will have five new members come Jan. 1.
The suit landed Tuesday before Superior Court Judge Bruce Parent. The judge has yet to schedule the matter for a hearing.
Fire Chief Anthony Serna on Dec. 7 imposed a new swing shift schedule on firefighters requiring them to work in rotating eight-hour morning, afternoon and overnight shifts over three days, before a firefighter can take the next 24 hours off.
East Chicago Professional Firefighters Local 365 say the shift is political payback for them supporting the mayor’s political opponent, John Aguilera, in last spring’s Democratic primary.
Copeland defeated Aguilera and voters reelected to a new four-year term last month.
Both Serna and Copeland, a former city firefighter, argue the new work schedule saves thousands of dollars in overtime pay.
David Mata, president of Local 365, said last week the swing shifts will impose sleep deprivation on firefighters.
The union has chosen to work around the mayor by asking the city council to restore their old schedule.
Last week, council members voted 8-1 to do just that under Ordinance 19-0029. The council still must pass the same measure a second time on Monday as well as on a third and yet-to-be-scheduled final reading before the firefighters can put their swing shifts behind them.
Attorneys for Copeland argue in court papers, made public Wednesday, they want a panel of Superior Court judges to rule the Common Council is attempting to illegally usurp the mayor’s power over firefighters' work schedules.
They want Superior Court judges to rule Ordinance 19-0029 is invalid and unenforceable on the mayor.
They argue state law gives the mayor and his public safety administrators sole authority, with some limits, on police and fire department work hours.
Council members argued last week they do have authority to set firefighters shifts and they are prepared to defend their position in court.
The mayor’s attorneys said a panel of judges is needed to decide a dispute of this kind between the executive and legislative branches of municipal government.
If the labor dispute drags into the New Year, new members of the Common Council will have to decide whether to back the mayor or the fire union.
Monica Guzman, who will become the new 1st District councilwoman Jan. 1, said this week she hopes the current common council and the mayor will resolve their differences before the New Year.
However, Terry Hill, who will become the new 3rd District councilman, said Wednesday he is ready dive into the dispute on the union’s side.
“If the vote comes down to me, I will definitely support the firefighters for the safety of the community,” he said.
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