Arbitrator sides with Lynn fire union in grievance

LYNN – The city’s top labor lawyer has filed a complaint in Superior Court, seeking to vacate the findings of an arbitrator who favors implementing a new selection process for deputy chief of the Fire Department.The appointment of current acting Fire Chief James Carritte to the rank of deputy chief in 2006 was challenged by the firefighters’ union, Local 739 of the International Association of Fire Fighters (IAFF). The union alleged during a three-day proceeding last year before arbitrator Mark Irvings the city violated its collective bargaining agreement with the firefighters by failing to select Dennis Carmody as deputy chief – the candidate who topped the Civil Service Commission eligibility list.Irvings’ award, dated June 25 and received by the city July 1, found that the city “violated the collective bargaining agreement by the manner in which it conducted the selection process for deputy chief promotion in 2006. Dennis Carmody shall be paid the difference between what he would have earned in salary and benefits had he been appointed deputy as of the day James Carritte was placed in the position, and what Carmody earned as a captain.”Carritte, a deputy chief and the department’s acting chief, was appointed to the latter post by Mayor Edward J. Clancy Jr. following the retirement of Fire Chief Edward Higgins Jr.Higgins selected Carritte from the list of top-three exam scorers. Carmody had scored highest with 92; McDonald, 81; and Carritte, 80. At the time, both Carmody and McDonald were line officers, while Carritte had been serving as training officer for two years. The difference among their respective roles in the department has been a point of contention among officers and firefighters in Lynn.Before selecting his deputy, Higgins informed all three candidates they would be interviewed, though he declined to reveal by whom. The union protested the interview requirement. Higgins asked two outside fire chiefs – Robert Donahue from the Massachusetts Port Authority and Frank Giliberti from Medford – to serve on the interview panel. After the interviews, Higgins wrote the mayor a strong letter of recommendation for Carritte, citing the candidate’s doctoral degree in social science from Boston College, recent completion of fire science courses and participation in fire service organizations.By comparison, Carmody holds a bachelor’s degree from UMass and McDonald an associate’s degree from North Shore Community College.Higgins rated McDonald the second-best candidate and Carmody the third. He had devised a rating system of 24 factors including test scores, management orientation and performance during the interview. Carritte scored 83, McDonald 69 and Carmody 62. McDonald was praised for his passion for fire fighting, but cited for a lack of confidence. Carmody was described as too concerned about department morale to be an effective deputy.The mayor appointed Carritte as deputy in January 2007. The union filed a grievance, which was docketed by the American Arbitration Association. It was based on the department’s traditional practice of promoting the highest-ranking person on the eligibility list. The grievances led to more arbitration and ultimately to Irvings’ findings in favor of the union.Irvings’ award also stated that “a new selection process overseen by the current chief shall be undertaken involving Carmody (a district chief now serving as acting deputy chief), James McDonald (a captain now serving as an acting district chief) and Carritte, assuming all three are still interested in the position. If Carmody or McDonald is selected, Carritte shall be removed from the deputy position and the successful candidate’s seniority date as deputy shall be retroactive to the date Carritte was originally appointed as deputy.”David Grunebaum, the city’s labor lawyer, asserted in his complaint filed in Superior Court Monday the arbitrator exceeded his authority in issuing the award. If the city was to abide by the arbitrator’s awa