Attorneys for the City of New Orleans and the New Orleans Firefighters Association appeared in Civil Court Monday.
The Firefighters Association is seeking an injunction against the city, regarding a mandatory order made by the NOFD Superintendent requiring firefighters to perform higher-level jobs without guaranteed extra pay.
The mandatory order in question has to do with firefighters being directed to drive a fire truck.
The union’s attorney said firefighters have the right to decline duties out of their classification. He referenced a case out of Kenner, in which it was ruled that a firefighter had the right to decline to work out of classification, under state law.
However, city attorneys say that this case is a matter of whether those firefighters can be disciplined for refusing to perform these duties. They argue that a disciplinary matter is not under the Civil Court’s jurisdiction; it should be under the Civil Service Commission.
They also argued there is no cause of action for a preliminary injunction in this case because there were no threats of retaliation.
The city attorneys are asking that the judge dismiss the case or transfer it to the Civil Service Commission.
Judge D. Nicole Sheppard recessed the hearing shortly before 11 a.m. She plans to review the Kenner case and the arguments, and make a ruling on the motions made by the city at 12:30 p.m.
READ MORE:Judge hears arguments in City of New Orleans vs. Firefighters Union legal battle
