Ontario Court Confirms Kapuskasing Decision

[five_alarm]

KAPUSKASING, ON – A panel of three Ontario judges has unanimously agreed that the town of Kapuskasing did not have any authority to void its fire fighters’ collective agreement and terminate its full-time fire fighters. The strongly-worded decision, handed down on Oct. 22, comes after a year-long fight for the jobs of the four members of IAFF Local 1237, the Kapuskasing Professional Fire Fighters, and upholds a December, 2003 labour arbitration award that also found the town acted without jurisdiction when it attempted to disband the fire department. IAFF General President Harold Schaitberger applauded the decision, noting that it sends a strong message about sanctity of collective agreements. “This decision is a very strong affirmation that employers don’t have the right to casually ignore or abolish fire fighters’ collective agreements in the province of Ontario,” he said. “And it’s another example of how the IAFF is prepared to fight an injustice with the full weight and resources of our 267,000 members,” he said.

Source: iaff.org (http://www.iaff.org/politics/ca/content/updates/kapuskasing.htm)

[five_alarm]

KAPUSKASING, ON - The Town of Kapuskasing took its ‘case’ to the Court of Appeal at Osgoode Hall in Toronto. The Town’s legal representative stated that this was not a case of terminating a collective agreement or contracting out. They asserted that this was based on a municipality’s right to pass a by-law to determine the level of fire protection.

Notwithstanding, they did acknowledge after some hard and direct questioning from the three judge bench that the result of applying this assumed authority would be the termination of a collective agreement and employment of the full-time fire fighters as well as the work being done by volunteer fire fighters.

The local Association of four full-time fire fighters was represented by Sean McManus and Jodi Hubler. Sean has been this local’s representative, through the IAFF’s Legal Guardian Policy, since this labour tragedy began in September 2003. As throughout the grievance arbitration and judicial review Sean continued his outstanding performance in convincing style to have the Court dismiss the application for appeal.

Source: opffa.org (http://www.opffa.org/index.cfm?zone=/unionactive/view_article.cfm&HomeID=25152)

[Punctualdeer]

That his a great victory. The cityzens have the right to have a great service, has 10 FF's in 10 minutes. Never dicline when your ar in your right. Some time it's worth the price to figth. Enjoy the dicision.

[smoke286]

Excellent, congrats to the KAPUSKASING local, and to the IAFF and the Fred and the boys at the OPFFA. A great victory for unionism in this country

[five_alarm]

KAPUSKASING, ON - The Court of Appeal wasted no time handing down their unanimous decision in favour of the Kapuskasing Professional Fire Fighters Association.

The ‘short’ decision (click on the download (http://www.opffa.org/docs/Kapuskasing%20Court%20of%20Appeal%20Decision.pdf) for a copy of the decision) was indicative of the hearing itself whereby the ‘bench’ had difficulty accepting the Town’s arguments from the beginning and supported the original grievance arbitration and subsequent judicial review.

“This is another major victory for the professional fire fighters in Kapuskasing and our members right across the province” said OPFFA President Fred LeBlanc. “I can only hope that the Town Council will finally recognize that the legislation in Ontario does not allow or support such arbitrary actions of an employer. The OPFFA will continue to support this local to have this Council accept and uphold their responsibility to provide a level of fire protection the citizens and the fire fighters deserve.”

Source: opffa.org (http://www.opffa.org/index.cfm) , iaff.org (http://www.iaff.org/politics/ca/content/updates/kapuskasing_appeal.htm)

[smoke286]

IAFF.org (http://www.iaff.org/politics/ca/content/updates/kapuskasing_appeal.htm)

We win again! :)

September 21, 2005 -- For the second time, a court has ruled that the town of Kapuskasing, Ont. had no legal authority to discontinue full-time fire fighting services and terminate all four members of IAFF Local 1237, thereby canceling their collective agreement and disbanding the union.

The decision, handed down Sept. 20 by a three-judge panel of the Ontario Court of Appeal, constitutes yet another strong endorsement of the sanctity of fire fighters’ collective agreements and illustrates that the IAFF will fight tooth and nail against any initiative or action that threatens fire fighters’ jobs or stands to erode their rights as union members.

IAFF General President Harold Schaitberger applauded the decision, noting that it reaffirms the fact that employers don’t have the right to casually ignore collective agreements that fire fighters have signed in good faith.

“The court’s decision illustrates once again that the IAFF is prepared to fight against any scheme that threatens fire fighters’ jobs with the full weight of our resources, backed by 270,000 members across North America,” Schaitberger said.

The decision upholds an October, 2004 divisional court ruling and a December, 2003 grievance arbitration award which both found that the municipal council in Kapuskasing, a northern Ontario town with a population of 9,000, acted without jurisdiction when it passed a bylaw in September, 2003 to discontinue full-time fire protection.

The town’s action to cancel Local 1237’s collective agreement was seen as an attempt to escape from a staffing clause that is supposed to double the number of full-time fire fighters employed the town from four to eight at the end of 2005.

When the threat first emerged two years ago, Local 1237 applied for and was granted assistance under the IAFF Legal Guardian Policy. The case has been handled on behalf of the IAFF by Canadian Legal Counsel Sean McManus, of McManus & Hubler, Lawyers.

The latest decision, which came after a hearing held Sept. 6 in Toronto, awards fire fighters costs in the amount of $20,000. The town of Kapuskasing has 30 days from Sept. 20 to decide whether to seek leave to appeal the decision to the Supreme Court of Canada.

The town argued in court that it was terminating its fire fighting operations, and was therefore entitled to annul the fire fighters’ collective agreement. In their decision, the appeal court judges pointed out that Ontario’s Fire Protection and Prevention Act (FPPA) specifically prohibits the town from getting out of the fire fighting business. The judges wrote that proposing to deliver the service with volunteers instead of full-time fire fighters does not constitute a discontinuation of operations.

The decision also states that the only way the town can escape from the staffing clause it had previously signed “is either through negotiations or interest arbitration under FPPA.”

The IAFF and the Ontario Professional Fire Fighters Association (OPFFA) rushed to the local’s aid as soon as the crisis erupted, in September 2003, providing strategic advice and assistance

[bestcoast]

And again!!

http://www.iaff.org/politics/ca/content/updates/kap_scc.htm

.......BC.......

[five_alarm]

KAPUSKASING, ON - A two-and-a-half-year ordeal is finally over for the members of IAFF Local 1237 in Kapuskasing, Ontario, whose jobs are now safe from their employer’s attempts to discontinue full-time fire fighting operations and terminate all four members of IAFF Local 1237.

On Feb. 9, the Supreme Court of Canada dismissed the town’s application to appeal an Ontario Court of Appeal decision, which upheld a previous court decision and a labour arbitration award which stated the town had no legal basis for its September, 2003 decision to terminate the four members of the local and reduce fire protection in the town to volunteer only.

The IAFF and the Ontario Professional Fire Fighters Association (OPFFA) rushed to the local’s aide as soon as the crisis erupted. A grievance was filed immediately over the terminations, and the fire fighters stayed on the job throughout the ongoing saga. The case was approved under the IAFF’s Legal Guardian Policy and was handled throughout by IAFF Canadian Legal Counsel Sean McManus of McManus & Hubler.

Source: iaff.org (http://www.iaff.org/politics/ca/content/updates/kap_scc.htm)

[mutts252]

much kudos to the IAFF! even though i am not a union member, this is an exemplary show of exactly why unions were created in the first place - to fight for the little guy! way to go IAFF, congratulations on fighting for the 'underdog'.

[five_alarm]

KAPUSKASING, ON - After an exhausting battle which began in Spetember 2003 that included grievance arbitration, interest arbitration, judicial review, court of appeal and finally the Supreme Court of Canada the Kapuskasing professional fire fighters have something to celebrate.

Town council unanimously carried a motion last night to hire the additional four full-time fire fighters required by the collective agreement. As well they agreed in the same motion to hire a full-time fire chief.

"It was clear after the Supreme Court denied the Town's apllication that the law and their collective agreement have prevailed" said OPFFA President Fred LeBlanc. "It was an incredible journey with an employer bent on eliminating professional fire fighters to the point of significant legal cost to the taxpayers. Money that would have been better spent improving the Town's fire protection" asserted LeBlanc.

Source: opffa.org (http://www.opffa.org/index.cfm?zone=/unionactive/view_article.cfm&HomeID=33166)

[smoke286]

Can you believe the ammount of tax payers dollars these idiots wasted, only to be forced to do what they should have done in the first place at the end of the day.