Jefferson Fire Fighters Association

1.         Substance Abuse Policy        

            The Jefferson Firefighters Association has sued for declaratory relief addressing the Department’s effort to impose the Parish Substance Abuse Policy on the Red Book.

            The Red Book has been amended four times since 1990 to incorporate Supreme Court standards relative to the drug testing of “safety sensitive” employees.  We have fully cooperated in this process and have accepted comprehensive drug testing (suspicion-based, post-accident, pre-employment, return to duty) as a fact of life in fire service.

            In April, Interim Superintendent Saunders issued a “reminder” to our members.  He attempted to impose a new mandate, which is totally outside the Red Book, that members self-disclose their use of prescribed or over-the-counter medications that “may” affect their ability to perform on the job.

            Fire personnel challenged this.  First, we argue that the Red Book is the sole source of drug testing and substance abuse regulation affecting the Fire Department.  The Red Boo k so states and, indeed, provides that the Parish Policy must conform to the Red Book.  Second, we point out that the self-disclosing mandate, if the Department wishes to impose this new mandate, must be noticed and enacted pursuant to the procedures set forth in the Red Book, just as was done four times since 1991.         

We also challenge the privacy aspects of this self-disclosure.  How can a member determine if a prescribed medication affects his job performance?  Drug information is difficult to ascertain from the materials issued by one’s pharmacist and only a physician is qualified to advise on this matter.

            More importantly, the mandate requires disclosure to one’s “immediate supervisor,” i.e., a Fire Captain or Fire Lieutenant.  None of us are trained to (1) process suc h information and make a medical determination and (2) no one has been HIPAA or privacy-sensitized nor bound by legal or ethical mandates to respect this information. It is outrageous to think that a front-line supervisor is qualified in this regard and should be burdened with receiving and acting upon a co-worker’s information regarding heart disease, cancer treatments, depression, etc. In fact, just recently two fire personnel were sent home after reporting their use of DayQuil, over the counter, cold medication. While acceptable safeguards need to be maintained, we obviously can’t shut the fire department down during flu and allergy season. Sensible accommodations need to be explored.

            The Department’s newly retained special counsel has totally misunderstood the firefighters’ claims.  His preliminary motions to dismiss have been rejected by Judge Hand.  He still believes we are seeking to have the Parish Policy declared unconstitutional!  We are not; we only seek to have the Red Book followed.  If the Department seeks to pursue the self-disclosure of prescribed medications, we will insist proper safeguards be installed.  Minimally, we will demand that reporting be made to the Medical Review Officer, as is currently the practice when an injured or sick firefighter returns to duty.

2.         Pay Raise

            You should be aware that the same “special counsel” is playing a Jekyll & Hyde on us.  In any given day, he pounds our lawyer with a demand that we dismiss our lawsuit.  This is followed by a demand that we make a settlement offer and that we agree to his figures.  He has yet to give us Jefferson Parish’s CPA-calculated numbers.  He has had the fire personnel’s numbers since June.  Such an exchange of basic data is a precondition to any meaningful negotiations.  All of this is being done as the Times-Picayune reports that the Council is retaining a PR firm to “get its message” across to the voters.

3.         Dues Deductions

            After fire personnel threatened criminal charges (the Louisiana Right-to-Work Law is a criminal statute), the Interim Superintendent backed down and “corrected” his resignation order.

             Jefferson Fire Fighters Association went before Judge LaDart on September 9, 2008 on this issue that was similar to a First Circuit case handled by the Jefferson Firefighters' attorney.  The Parish’s contract attorney filed motions saying we were “premature.”  Our attorney has asked the parish's contract attorney if the Parish intends to implement the cessation of dues.  He refused to respond, instead playing a “cat and mouse” game with us.  We have dismissed our lawsuit because Jefferson Parish administrators did not follow through with their threat to force members to resign from our organization.  The parish attorney refuses to say when of if they plan to follow through with this threat.  He told Jefferson Fire Fighters and their lawyer that he wasn’t a “psychic!”

            These actions against the firefighters are mean spirited and it only inflames the current situation.  The parish's contract attorney's arguments are wildly off the mark and he shows no understanding of the Red Book, or the law in general.