While less than one in ten private sector workers belonged to a union in 2000, nearly four in ten government workers belonged to a union or similar employee organization. Unionization at the 

In the protective service category, 938,000 workers were union members. For the first time, the number of protective service workers who were represented by unions, though not necessarily dues-paying members, topped one million. According to BLS, 1,003,000 fire fighters, police officers, and other protective service personnel work under a union contract. 

As to wages, BLS data shows that unionized workers had median weekly earnings of $696 compared to $542 for non-union counterparts. This amounts to a 28.4 percent wage differential. Separate wage data for public safety personnel was not reported by BLS. 

The fire fighters' union is one of Boston's most powerful and respected labor blocks. Fire fighters reportedly enjoy wide support among the citizenry. Jack McKenna, union president, admitted that the picketing of the speech, normally a very 

The mayor had ended contract talks after fire fighters picketed his traditional Christmas tree lighting ceremony December 1. The mayor had made a push to settle a new contract earlier on the day of his speech but that effort failed. 

While issues including drug testing and increased pay are on the bargaining table, the fire fighters' union has been particularly resistant to changes to city injury leave policies. The city proposal would require injured fire fighters to return to work on light duty and be examined by city, not personal, physicians. Many fire fighters view the proposal as an insult to their dignity. Fire fighters also oppose a city effort to reduce shift swapping. 

"If we have people out there who have it and don't know it, they could be infecting citizens they're supposed to be treating," William Kugelman, Local 2 president, told the Chicago Sun-Times newspaper last month. 

A Chicago Fire Department spokesperson said that the city tests its fire fighters and paramedics on request if they come into contact with a patient who has the blood-borne virus. However, the city's 

Fire fighters' unions nationwide have sought employer funding of hepatitis C testing. Last month, a court in Philadelphia upheld an arbitration award requiring the city to test its fire service personnel. An infected Philadelphia paramedic ended her two-week sit-in at City Hall December 19 after attempting to force that city to carryout the testing. New York City, Phoenix, Indianapolis, and Los Angeles County are among the jurisdictions that reportedly operate a comprehensive hepatitis C testing program of rescue workers. 

While testing can cost up to $70 per patient, Local 2 hopes to buy tests in bulk and reduce the cost to $10 per test. 

The union contract already requires full staffing at shift change, which is 7 a.m. The new ordinance mandates four fire fighters on each truck throughout the 24-hour shift. 

Mayor Daub said he did not initially veto 

For its part, the fire fighters' union says it intends to be reasonable on the staffing question, noting that exceptions can be made with union approval. But, Mike McDowell, president of Local 385, said he did not understand how Daub could ignore an ordinance. "Does he think he's the mayor of Omaha or does he think he is the king of Omaha?" McDowell told the Omaha World-Herald. 

Supreme Court update 

Seeking Supreme Court review is Chestnut Ridge Volunteer Fire Department v. Goldstein, No. 00-818. A lower federal court ruled that a volunteer fire company that receives governmental funds and benefits is subject to suit for allegedly violating the First Amendment rights of a fire fighter who was removed from the organization following a letter writing campaign to the leadership. No review decision has been made by the high court. 

Cases of interest 

HELD: New York civil service law prohibits disqualification from participation in civil service exams by reason of age unless the exam is an open competitive one, i.e., an entry-level non-promotional examination. For these "open competitive" exams the civil service commission can adopt a reasonable age requirement. The law further requires vacancies in promotional positions be filled by promotion of persons holding positions in lower ranks that are in direct line of promotion and, if impractical, then the hiring authority may draw from lower ranks in related or collateral lines of promotion. In effect, the civil service law requires that a person being promoted from a related or collateral rank in addition to passing the exam be eligible for appointment to a higher position. Reading these two statutes together implies that age requirements for purposes of taking a promotional exam are prohibited when the promotion would be from a grade that is in direct line but permitted when the promotion would be from a grade that is in a related or collateral line. The position of fire fighter is an entry-level position since there is no direct lower position to be promoted from. In previous years the only way an individual could become a fire fighter was to sit for the open 

HELD: A court will not disturb an administrative decision unless it is affected by an error of law, is arbitrary and capricious, or constitutes an abuse of discretion. A decision inconsistent with an agency's own precedent and that ignores the existence of prior rulings is arbitrary and capricious and will not be upheld. However, where a change in policy is openly acknowledged by the agency and the decision to implement a new approach is clearly explained, a determination that declines to follow the agency precedent will not be disturbed by the court unless it is irrational. Under New York law the PERB is charged with interpreting public sector labor law. Among its responsibilities is to define the topics that constitute mandatory subjects of collective bargaining. State statute requires bargaining on terms and conditions of employment. It is the PERB's responsibility to interpret that provision of the law. Traditionally the New York PERB has used the subject matter approach in defining what constitutes mandatory bargaining topics. It had strictly examined the subject matter or nature of the item proposed in deciding whether it was a mandatory topic. This determination was made largely on an ad hoc basis. Any subject that had a significant or material relationship to a condition of employment was deemed a mandatory subject of negotiation. The newly defined approach, conversion analysis, supplements the traditional view. Under conversion analysis proposals that were non-mandatory initially become converted into mandatory subjects by virtue of their incorporation into a collective bargaining contract. In adopting this approach the PERB said it was attempting to rectify what it perceived as an imbalance in negotiating power between public employees and their municipal employers. Since the PERB 

HELD: Ohio statute permits an appeal from a civil service commission to a trial court. The trial court may affirm the order if it finds the order to be supported by substantial evidence. In absence of such a finding, it may reverse or modify the holding. In this case the trial court ruled that the labor agreement required the city to provide a meaningful treatment program to any fire fighter who tested positive for illegal drug use. A reading of the contract fails to support this interpretation, however. A plain reading of the agreement reveals that while rehabilitation is recognized, it is a subordinate goal to that of public safety. Likewise, the contract provides that voluntary efforts at rehabilitation "may be considered" prior to disciplinary action but do not foreclose the possibility of discipline. The policy specifically provides that employees who, as a result of being drug tested, are found to be using illegal drugs may be subject to dismissal. Allgood was not legally entitled to a chance at rehabilitation under the policy. Trial court clearly erred when it interpreted the contract to say otherwise. Trial court decision reversed. Termination of fire fighter upheld. [Allgood v. City of Akron, 737 N.E.2d 111 (Ohio Ct. App. 2000)] 

HELD: Members of the LEOFF plan are entitled to a pension computed on the "basic salary" of the individual at the time of retirement. Washington statute defines "basic salary" as the basic monthly rate of salary or wages, including longevity pay but not including overtime earnings or special salary or wages. The parties dispute whether the pay they received in lieu of eight hours vacation leave a month is a "special salary or wages" excluded from the calculation of basic salary. Courts interpret statutes to give effect to the legislature's intent. If the statute is unambiguous, its meaning must be derived from the language of the statute. But if the intent is not clear from the language alone, the court will determine such intent by reviewing