ELYRIA — The local firefight­ers union wants Mayor Bill Grace to keep their closed­door negotiations out of the public domain and return to negotiating in good faith.

The International Associa­tion of Fire Fighters Local 474 has filed an unfair labor prac­tice charge against Grace and the city of Elyria for comments the mayor made last month to a Chronicle reporter about what the city administration was looking for in the way of concessions from the union.

The union, which represents 52 Elyria firefighters, and the administration are trying to hammer out a new collective bargaining agreement. The current contract expired in July 2009. The two sides have not publicly disclosed what has been said between then and Jan. 14.

But on that date, Grace spoke to the media saying the union was presented with a proposal to reduce the number of sick days, holidays and vaca­tion time firefighters are to receive. The union learned Grace detailed the proposal to a reporter when union presi­dent Dean Marks was called for comment.

Marks did not disclose what the union offered or wanted in return, saying negotiations were not meant to be discussed publicly.

Five days later, the unfair labor practice charge was filed. In it, the union states “Mayor Grace’s statement to the news­paper clearly shows that the city refused to bargain pri­vately and that it has unilater­ally released information to a third-party concerning collec­tive bargaining negotiations with the union in order to influence public opinion and directly deal with the union’s membership.”

Marks could not be reached for comment Thursday.

Grace said he does not believe the charge is war­ranted. He explained that the city and fire union could not agree on the rules for negotiat­ing and without that separate agreement he was not prohibited from speaking out.

“Clearly, it was walking a fine line in the process, but I do not now, nor did I then, think I was acting in bad faith,” he said “I think it is important that the public sees what we are faced with in the process. The public is calling for change and I merely wanted to show the cir­cumstance in which we have to operate to achieve change.”

Russ Keith, a spokesman for the State Employee Relations Board, said an investigation into the charge will start with each party being interviewed. The investigation will deter­mine if there is probable cause a violation took place.

A full report will be for­warded to SERB in no more than 150 days and a hearing will be scheduled at the board’s discretion.

Keith said SERB does not have punitive powers and can­not impose a fine on Grace. They have remedial powers and can side with either side.

Still, Grace’s tactic may be seen as a slap in the face to a recommendation McGrath Consulting Group made in its 331-page management study of the Fire Department.

In the document, the writers said the collective bargaining agreement was lucrative and could be changed for the bet­terment of the community and department.

However, both sides had to stop using the media as a weapon if they were truly intent on moving the depart­ment past years of turmoil, the study recommended.

In the meantime, Grace said negotiations will continue.

Contact Lisa Roberson at 329-7121 or lroberson@chronicet.com.

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