By Kate Acheson
The City of Denver was recently thwarted in its attempt to unilaterally implement a new disciplinary system on firefighters. In Denver Fire Fighters, Local 858 v. City & County of Denver, the Colorado Court of Appeals upheld the firefighters union’s claims that a “discipline matrix” – which defined penalties for rule violations – is a mandatory subject of bargaining.
The Denver City Manager sought to replace the existing disciplinary system, under which fire chiefs submit written reports with evidence and reasons for disciplinary charges to the City Manager, with a new system utilizing a “discipline matrix” – a standard list of prohibited conduct with corresponding progressive sanctions. Although discipline was not included in the collective bargaining agreement, the union objected to the City Manager on the grounds that discipline is a mandatory subject of bargaining.
The City Manager disagreed, believing discipline to be within managerial prerogative, and continued with the unilateral implementation. The union filed suit and won; the City appealed.
On appeal, the Court applied a balancing test. The Court found that the change would directly impact firefighters’ terms and conditions of employment. It rejected the City’s argument that its rights under the City Charter override its state collective bargaining obligations.
