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The lump sum, $14,339 for most, stems from an arbitrator’s ruling.
WILKES-BARRE – Call it a late Christmas present, a windfall or a late payment on what was owed all along.
Eighty-five present and former city firefighters are getting lump-sum payments from an arbitration battle with the city administration that ended last month.
Most of the firefighters are to receive $14,339 each, according to documents received by The Times Leader on Thursday in response to a Right-to-Know request.
There are some larger payments to the department assistant chiefs. Each received two checks – one representing this arbitration award and the other representing a separate arbitrator’s award, according to Tom Makar, president of the firefighters local union.
The six assistant chiefs and the total payments are:
• James F. Clarke, $45,148
• Norman H. Davis Jr., $49,152
• Thomas Makar, $47,639
• Bruce J. Reilly, $48,220
• William A. Sharksnas, $40,248
• Edward T. Snarski, $48,468
Makar said the awards do not represent anything “extra” being paid to the firefighters.
“We can’t get anything that we are not entitled to,” Makar said. “What we are getting is a result of the city violating the contract on two separate occasions.”
He said the city is now paying what it was obligated to pay under the terms of the contract.
Some of the recipients have retired since 2004, Makar said.
But Mayor Tom Leighton bristled at the payments Thursday night. “They do not deserve it. They won it on a technicality,” he said.
The money is coming out of the city’s pockets not his, he said. “This bill is being footed by the taxpayers.”
Last month, the state Supreme Court refused to hear the city’s appeal of a $1 million arbitration award issued to firefighters, ending a two-year legal battle.
The ruling resulted in each firefighter receiving varying lump-sum payments compensating the firefighters for salary increases they were due dating back to 2002.
The city battled to overturn an arbitrator’s ruling in 2008 that granted firefighters a salary benefit that was given to city police officers.
The ruling was upheld by a Luzerne County judge, then later by the state Commonwealth Court.
The city asked the state Supreme Court in April to hear the case, but it issued the order in early December and declined to accept the case. The only appellate option the city had remaining was to ask the U.S. Supreme Court to hear the case, but the city decided not to pursue that.
The money was to compensate them for agreeing to allow civilians to take over parking meter collections. The firefighters filed a grievance that sought the same payments based on a parity clause in their contract that mandated they receive any salary increase paid to police.
The city claimed the payment to police officers was for training and education, not a salary increase, but the arbitrator rejected that argument.
In its appeal of the arbitration ruling, the city alleged the head of the firefighters union, Makar, testified falsely at the arbitration hearing regarding when he learned of the 2002 agreement with police.
Makar had said he learned about it in 2007, but the city had a letter from Makar that it said proved he had knowledge of it in 2004. The timing was crucial because the city alleged the grievance had been filed too late.
The problem is the city did not discover the letter, which was found in a file, until after the arbitration hearing was held. It was thus precluded from introducing it as evidence.
The city placed $1 million in an escrow account after the state Commonwealth Court ruling to cover the payments should it lose at the Supreme Court.
By the numbers
Eric Anderson $14,339
Joseph Arnone, $14,339
John Baldoni, $14,339
Jeffrey Berlew, $14,339
Michael Bilski, $14,339
Christopher Buchanan, $14,339
Thomas Burke, $14,339
Alfred Cibello, $4,507
James Clarke, $32,397
James Clarke, $45,148
Michael Crawford, $14,339
Thomas Cross, $14,339
Norman Davis Jr., $49,152
Gregory Day, $9,453
William Dayton, $14,339
James Delaney, $14,339
Brian Drevitch, $11,481
Daniel Emplit, $14,339
Francis Evanko, $14,339
Robert Fannon, $14,339
Donald Fiorucci, $4,507
Samuel Fox, $14,339
Gregory Freitas, $14,339
Ralph Graham, $14,339
Donald Hall II, $14,339
Thomas Heffers, $14,339
Thomas Hirko, $14,339
Christopher Hughes, $14,339
John Kelley Jr., $14,339
John Kelly, $14,339
Alan Klapat, $14,339
Thomas Klapat, $14,339
Thomas Kosciolek, $4,507
Mark Kosin, $9,453
Kevin Kovach, $14,339
Gordon Krute, $11,102
Mark Lear, $14,339
George Lehman, $14,339
George Leibman, $14,339
Damian Lendacky, $14,339
John Livingston, $14,339
Thomas Makar, $47,639
Harry McCarthy, $14,339
Francis McHenry, $14,339
James McNulty, $14,339
Francis Meehan, $14,339
Paul Meehan, $14,339
William Murtha, $14,339
Joseph Ostrowski, $14,339
John Ostrum, $14,339
William Ott Sr., $9,453
Richard Owens, $14,339
Joseph Perlis, $14,339
Joseph Polacheck, $14,339
Richard Powell, $14,339
Robert Rae, $14,339
Bruce Reilly, $48,220
Donald Riemensnyder, $9,453
David Roberts, $14,339
Ronald Saba, $11,102
Lawrence Schultz, $12,751
William Sharksnas, $40,248
Stanley Shinko, $14,339
Theodore Siskovich, $14,339
Edmund Smith, $11,481
Robert Smith, $14,339
Edward Snarski, $48,468
Thomas Snyder, $14,339
Joseph Soltis, $4,507
Robert Stehle, $14,339
Robert Steininger, $14,339
Robert Suchoski, $14,339
Robert Sudnick, $14,339
Ronald Tompko, $4,507
Robert Turinski, $4,507
John Ulichney, $14,339
Michael Ulichney, $14,339
William Ulichney, $14,339
Frederick Voelker, $14,339
Kevin Voelker, $14,339
Alfred Walker, $14,339
John Watkins, $4,507
Charles Waznakowski, $14,339
Christopher Williams, $14,339
Shawn William, $14,339
Stanley Zenda Jr., $14,339
First reported at
7:20 p.m.
timesleader.com
The money was to compensate police for agreeing to allow civilians to take over parking meter collections. The firefighters filed a grievance that sought the same payments based on a parity clause that mandated they receive any salary increase paid to police.