WESTMINSTER : Firefighter Grievance Arbitration Ordered

In a small victory for the Westminster firefighters union, a federal judge has ordered the city to submit to arbitration of a grievance filed by Paul Gilbrook, the union president who was fired in February.

This week’s ruling by U.S. District Judge Ronald S. Lew means that the cases of five other recently dismissed Fire Department employees will also be resolved by arbitration, not a City Council-appointed panel.

The ruling will also affect Battalion Chief Glen Hines, who is facing suspension over the same alleged payroll violations that other firefighters have been accused of committing.

An arbitrator’s decision, however, would be non-binding, and the council would retain the authority to decide whether Gilbrook and the other dismissed Fire Department employees will win their jobs back.

But Alan C. Davis, attorney for the firefighters and the Westminster Firefighters Local 2425, said that an arbitrator’s finding of wrongful termination against the firefighters would bolster their case in court.

“This is the most important decision we have had in the past year,” Davis said. “This forces the council to recognize that they will not control the hearing process.”

City Atty. Richard Jones said Lew’s decision “resolved a procedural question” and will allow “both sides to get this thing over with in some fashion.”

City officials had insisted that the firefighters file their appeal to the Merit System Commission, a three-member panel that reviews disciplinary actions against employees.