On September 1, the Fire Chief issued a new policy (InfoBul 31-10) stating that Early Relief will no longer be approved, effective that date.

The following day, Local F-85 served management with a Letter of Intent to file a charge of Unfair Labor Practice with the Federal Labor Relations Authority.

The Fire Chief is standing by the new policy even after receipt of the Letter of Intent, citing  5 CFR 610.301 (Code of Federal Regulations), under the premise that early relief is an illegal practice. The Infobul also referred to the current Collective Bargaining Agreement as "unofficial".

The Local disputes these assertions, and it is clear that management's actions violate our labor agreement in several areas.

Our contract is valid. It was bargained mutually, agreed to, and reviewed by the federal government for any conflict with law, rule or regulation. Management is obligated to honor its provisions, and there is long standing and widespread precedent for the practice of early relief in federal sector fire departments.

Per the contract, a ULP charge requires thirty days' notice prior to filing. Unless management reverses the new policy, the matter will be forwarded to FLRA no later than November 3, 2010, and a final decision would likely be rendered within three to six months. 

In the meantime, all members should abide by the policy set forth by the Fire Chief until the matter is settled. We understand this will create difficulties for individuals who may have unexpected family commitments or other personal matters that arise. NOTE: if you take any leave as a result of this policy, keep a record of those hours. We expect to prevail with FLRA, and the Union will request that any leave taken as result of this infringement on your rights be restored to your leave bank.

Please be assured that all necessary steps will be taken to represent the interests of our members. If you have any questions, contact an Executive Board member.

Maurice Patrykus, President

Camp Pendleton Professional Firefighters