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As of 08/30/2007 there have been 84 Firefighter Line of Duty Deaths



2006 Total 106 LODD

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Arbitrator Rules in Our Favor

As we all know, Lieutenant Robertson was experiencing breathing problems early in 2006 and sought medical attention. He was diagnosed with a Reactive Airway Disease. After consulting with several doctors and going through the proper channels it was determined Robertson was no longer able to work as a Firefighter. The State of Wisconsin recognized the disability, accepted his application for that disability, and processed the paper work. The City of Franklin reluctantly accepted the duty disability and set a termination date of September 1, 2006

Within a few days our Local was notified that the city would not consider this duty disability a retirement, and were denying the request for a severance package payout and continuation of post employment health benefits. Local 2760 has a long history of specific language regarding the duty disability and retirement benefits as well as a past practice of three former union members receiving post employment benefits after receiving a duty disability.

The above notice of the City was grieved and denied by the City's Personnel Committee. Local 2760 then proceeded with the legal assistance of John Keil. We petitioned the PFFW for a loan to assist with legal expenses and began to prepare for the arbitration hearing.

Some of the more important areas we concentrated on were the history of the bargaining language and past practice. The WERC provided Karen J. Mawhinney to oversee the hearing. We held two separate hearing dates, the first in February of 2007 and the second in early March 2007.

Our Local had several former executive board members testify regarding the history of the language along with several documents showing the consistency of the City with former union members.

The City had three basic arguments for their case: The City made mistakes with the former union members receiving post employment benefits. The city would never have bargained such a benefit as it would be cost prohibitive, and that the disability pension language in our contract was defined by the WRS as an annuity not a retirement and that these benefits were not fitting of that definition.

Our Local received a ruling in mid July stating that the strong and consistent testimony by former members and the past practice weighed heavy in the decision. The arbitrator ruled on our behalf and directed the City of Franklin to continue post employment health benefits and payment of the severance package. In a recent Common Council decision, the city will not look to appeal the arbitrators decision.

The Franklin Professional Firefighters would like to thank John Kiel and the PFFW executive board. It is a good feeling to know that we have such a dedicated team of both executive board and union members that we can work with and rely on.