County Challenges Arbitrator’s Ruling

Concerned that an arbitrator’s ruling increasing overtime pay for one firefighter will apply to hundreds of others--costing an estimated $400,000 a year--county officials filed a lawsuit this week seeking to overturn or limit the arbitrator’s decision.

The suit, filed Monday by the Ventura County Fire Protection District, contends that arbitrator Barry Winograd “exceeded his powers” by ruling not only that Fire Capt. Bruce Mandell’s overtime compensation had not been calculated correctly, but that all 375 members of the Ventura County Professional Firefighters Assn. are owed similar pay.

Mandell had filed a grievance Feb. 7, 1996, alleging that his overtime pay had not been calculated correctly because it did not include other compensation, such as extra salary for being on the emergency medical team, along with his base salary.

As a result, an arbitrator was hired to decide the issue--as was called for in the agreement between the firefighters’ association and the county--after the two sides failed to do so themselves. But county officials now contend the arbitrator had no authority to extend his May 29 decision to anyone but Mandell.

County officials would like the court to limit the ruling to Mandell only. But if that is not possible, they are seeking to have the ruling overturned altogether.

Assistant County Counsel Leroy Smith could not be reached for comment Wednesday.

Caroll Hoiness, president of the firefighters’ association, said he was unhappy with the county’s decision to try and undo the arbitrator’s ruling. He vowed to file a second suit if needed to reinforce the decision--and make it retroactive to 1995. It is currently retroactive to 1996.

“I’m very disappointed, because our contract with the county says these issues should be decided in binding arbitration,” Hoiness said. “I don’t believe they can win, number one, but I have directed that we will do a countersuit if we have to. If we have to, we’ll pursue this again and make it go back even further, to 1995.”

The firefighters’ association and the county are in an impasse regarding a new contract, and a state mediator is struggling to bring both sides together.