FIREFIGHTER'S DRUG-RELATED FIRING REVERSED

An independent arbitrator has overturned a Lubbock firefighter's
termination for using methamphetamine.

Woody Bilbrey can return to firefighting duties but must submit to random
drug tests and attend drug counseling for the next two years, according to
the arbitrator's order issued this week.

During a hearing in July, Bilbrey, a 17-year Lubbock firefighter, admitted
to using the illegal drug but said he had undergone treatment for his
addiction.

"It was always our contention that Woody admitted he made a mistake, ...
and he was willing to do anything he could to fix the problem," said Dennis
Howard, president of the Lubbock Professional Fire Fighters Association.

The union paid for Bilbrey's appeal after he agreed to enroll in a recovery
program and submit to random drug testing.

"Rather than throw a 17-year good employee away, you do what you can to
help him," Howard said.

Fire Chief Steve Hailey said he stands behind his original evaluation
despite being overruled by the arbitrator.

"If I had to do it all over again, I'd come to the same decision," he said.
"Firefighters are put in situations a lot of times when we have to make
very quick decisions with a limited amount of information.

"Anything that can impair the ability to make quick decisions puts the
firefighter, his co-workers and the public at risk," Hailey said.

The order essentially reduces Bilbrey's termination to disciplinary
suspension without pay and benefits. Hailey fired Bilbrey on Jan. 6.

In accordance with Civil Service law, which governs police and firefighter
employment in Lubbock, Bilbrey appealed the chief's decision to an
independent arbitrator.

The arbitrator's order is binding on both sides.

The arbitrator, who is from Dallas, indicated in the order that he will
release a detailed brief explaining his action at a later date.

Hailey said he believes the arbitration system, which brings in outsiders
to mediate disputes, dilutes local control and local management decisions.

"I would prefer as a manager for that to be a local decision, like through
our Civil Service Commission," he said. "If it were someone from here, to
me that would be easier to accept because they live here, they have a stake
in the outcome, they would be affected by their decision."

But Howard said using an arbitrator, who is a neutral outsider without ties
to either side, instead of using the Civil Service Commission, makes the
process fair for the employer and the employee.

Although Civil Service rules regulate the employment of police officers and
firefighters, the city is the employer. The city Civil Service Commission
is appointed by the city manager.

Bilbrey will be reassigned to a fire station as soon as department
administrators arrange for him to regain state certification by completing
training he missed during the past 10' months, Hailey said.