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Posted by: George Metaxas, 7/1/04, 6:25 p.m.
Feud that has many firefighters upset

There is tension among firefighters who make their living protecting you. There's a feud that has many firefighters upset. The feud is about a delay in promotions. And members of the Progressive Black Firefighters Association say they're getting a raw deal.

Members of the Progressive Black Firefighters Association picked city hall to sound a different kind of fire alarm Thursday. Sandra Richards, President P.B.F. Association said, "We are prepared to take legal action." It's legal action over what they describe as a racist injunction filed by Firefighter Union Local 1784. The injunction Tuesday blocked promotions for a number of black firefighters who dominated the last round of promotional tests. "As of July 1st, 2003, the first Battalion Chief should have been promoted. There is no reason why he should not have been promoted." Black firefighters have accused the union of blocking the promotions because nine out of 11 of the top candidates are African American. However the union denies that claim. Terry Oldham, Pres. Local 1784 said, "We are not trying to hold promotions up due to the fact that some blacks scored higher on the test than they did in the past." Oldham said claims that some black as well as white firefighters had complained of problems with the promotional test. Oldham says the injunction was filed to hold off the promotions until city officials allow firefighters to review their test results. "We've had meetings with people in human resources and they have been dragging their feet with this stuff." However these black firefighters say the delays have created an environment of tension. "As we all know it is hard to work when there is a racial tension in the work place, it goes toward having a hostile work environment and that's what's being created."

The injunction will stay in place for two weeks and many think the promotions will go forward after that. As for how all this will affect fire fighting, firefighters say it won't. Firefighters say they will continue to do their jobs regardless of any problems.


 

www.commercialappeal.com

Black firefighters claim racism delays promotions
By Jacinthia Jones
July 2, 2004

Some black firefighters say delays of at least a year in making promotions within the Memphis Fire Department are racially motivated by the union that is supposed to represent them.

At a press conference Thursday, members of the Progressive Black Firefighters of Memphis called on the mayor, the City Council and the fire director to remove the Memphis Association of Firefighters Local 1784 as its union, or to give their counter group equal bargaining rights.

The black firefighters charged that the union - the sole bargaining unit for about 1,500 firefighters - has refused to represent them and is blocking promotions of battalion chiefs, lieutenants and others.

"These actions are straining the racial working conditions and relationships in the department," said Lt. Sandra Richards, president of the group, which claims about 100 members.

"For the first time, a fair test was given with no access from fire personnel or members of the Local 1784 and African-Americans scored better than ever before . . . "

On Monday, the union won a Chancery ourt injunction blocking the city from proceeding with promotions of a half-dozen lieutenants and battalion chiefs for at least two weeks. The action is the latest in a series of legal wrangling involving promotional tests over the years.

Union president Terry Oldham said the group sought the delay earlier this week because some members, who felt they weren't scored properly, had not been allowed to review all portions of the tests they took last year. After viewing the tests, Oldham said firefighters might decide they have grounds to challenge it.

"This is not about race, it's about what's right and what's wrong. Some of the people who have come to us are black themselves," Oldham said, adding that some firefighters have been seeking answers from the city since January.

City attorney Sara Hall said the city had proposed going ahead with the promotions and reserving some vacancies to account for the plaintiffs questioning the testing process. Instead, the court delayed the promotions and ordered the city to make available to firefighters scoring guidelines and score sheets as well as written and videotaped portions of the test.

Barring any other legal action after the tests are reviewed, Hall said, the city now anticipates making promotions on July 13.

In the meantime, Fire Director Richard Arwood, named to the post in April, said the promotions, though overdue, are not affecting public safety. Those in line for the promotions now are rotating in and out of these positions out-of-rank.

"It's not that we're lacking supervision because people are being rotated in out-of-rank position," Arwood said. "And safety is not being compromised.

"But team-building and consistent supervision is suffering and at the same time we're not operating with efficiency."

- Jacinthia Jones: 529-2780


The Memphis Flyer

Fighting Fire with Fire
Black firefighters ask for joint bargaining power.
Mary Cashiola | 7/9/2004

Representatives for the Progressive Black Firefighters of Memphis will appeal to the City Council and Mayor Willie Herenton for joint bargaining power with Local Firefighters Association 1784 in negotiations with the city.

At a press conference July 1st, members of the Progressive Black Firefighters called the local union racist and said they would move forward with a formal letter to city officials this week.

"We would like joint bargaining power," said PBF president, Lt. Sandra Richards. "We're a national organization. We should be allowed to be heard."

PBF is upset with the union's promotional testing practices. Richards said her group would also like more information from the union.

"If you're not a dues-paying member, you're not allowed to be [in their meetings]. But they're serving as the spokesperson to the City Council and the mayor on behalf of the Fire Department," said Richards. "I've been on the job 11 years and I've never been asked what I thought about anything."

Because the agreement between the city and the union has already been signed for this year, Richards said PBF wants joint bargaining power next year
.
"I'm just hoping they look within the department," said Richards of city government. "The memorandum of understanding has never been revised. It's just been renewed for over 30 years. It's time for it to be revised.
"We just want access to information. I don't think that's unreasonable," she said.

Calls to Local 1784 were not returned by press time.


 

The Memphis Flyer

What Color is Fire?

To the Editor:
I have served the citizens of Memphis for 14 years as a Memphis firefighter and as a member of Local 1784 -- not the "white" local 1784 or the "black" local 1784. Lt. Sandra Richards chooses not to join the union (City Reporter, July 8th issue), a union composed of black and white members. Richards also chooses to enjoy the benefits and representation afforded all Fire Department members, not just members of the local.

If Progressive Black Firefighters is granted joint bargaining power, will all Fire Department employees be afforded any benefits that may be gained? I hope so. Then I'll ride Richards' organization's wagon for free as she has mine. PBF is upset with the union's promotional testing practices? In my 14 years I have never been notified about union-administered promotional tests.

The PBF labeled Local 1784 "racist." As a dues-paying member, I am appalled and offended by that false accusation. I thought we all rode the same equipment together, ate and slept together, and shared happy and unhappy occasions. Do the words "United we stand, divided we fall" mean anything to Richards or the PBF? Obviously not.

Steve Kozbiel
Memphis


Additional Commentary by Joe Norman:

During this temporary delay, the black as well as white firefighters have been allowed to ride "out of rank" for 90+ days. All the while receiving the advanced pay schedule as well as gaining experience while riding in this temporary position.

The members of the Progressive Black Fire Fighters Association receive FULL benefits of the local negotiations, including hold over time, swap time, sub-time, and bonus days to name a few. You don't see any members of PBF declining these benefits. As much, they welcome them with open arms, receive full benefits of the Local short of grievances, without paying dues.

Local 1784 on behalf of the International Association of Fire Fighters, 250,000 strong including black, white, hispanic, Canadian as well as misc. minorities is backing the due process procedure that many members are seeking in relation to the grading and handling of the past promotional exam.

The City of Memphis nor the Memphis Fire Department granted us these benefits "just because". They did not grant us these nor any benefits out of kindness. In short, Local 1784 negotiates in the best interest of all employees. Regardless if you are a member of Local 1784 or not, you are eligible to enjoy all benefits whether you pay dues or just ride on the coat tails of those that do.

Not one benefit in the local bargaining memorandum was volunteered by the City (other than the two personal days you won't be able to take). Regardless if you pay union dues or not, if there is a benefit you enjoy, it was negotiated by the union. If you receive these benefits without paying union dues then consider yourself someone who gets something without contributing anything.

Contract negotiations are open to observers. If PBF or anyone else for that matter feels like they would like "more information" in regards to contract negotiations, then I suggest to them they attend the meetings. Everyone is encouraged to attend.

I personally don't understand what hostile working environments are being created. I stand ready to present both sides. If you feel that you are being treated hostile due to this or any other procedure I stand ready to present your opinions and your position.


Earlier this month, the Progressive Black Fire Fighters Association held a press conference on the steps of City Hall blasting Local 1784 for trying to resolve some unanswered questions on the 2003 promotional exam.

3 weeks later, some of those prominent voices go to court challenging the 2000 promotional exam.

Below is the article in it's entirity from the Commercial Appeal.


Trial begins in black firefighters' bias suit
By Chris Conley
July 27, 2004

Testimony began Monday in a two-year-old lawsuit filed against the City of Memphis by black firefighters who claim grading on a 2000 promotions test was discriminatory.

The United Firefighters for Fairness said that after numerous errors were discovered in the tests for lieutenant and battalion chief, city officials refused to correct the grading errors.

The test is not being challenged as discriminatory. But the grading errors resulted in a discriminatory, adverse impact on black candidates, the group contends.

Lt. Sandra Richards who organized the group after the tests were administered in late 2000, began testimony before U.S. District Judge Bernice Donald. Testimony is expected to continue through today.

Richards said she was repeatedly rebuffed by city officials, including former City Atty. Robert Spence, when she sought revised grading on the tests.
She said that of 125 candidates who made the promotions list for lieutenant, 34 were black, and of 24 on the list for promotion to battalion chief, three were black.

Richards said that she was originally ranked at 324th among those taking the lieutenant test. When she protested, her ranking was raised to 108, though she said she should have been 40th on the list. She was promoted to lieutenant in March 2003.

"All we we're asking for is that they graded our papers right," Richards said "But nobody would look at it . . . on the advice of the city attorney."

The group wants an injunction to correct the test scores, compensatory damages and attorney's fees.

Attorneys for the city are expected to call witnesses today.

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