TROY – The city has failed for the fourth time in a row to stop an arbitration by one of its unions in a contract dispute.

This time, the Troy Uniformed Firefighters Association Local 86 prevailed in a court dispute over whether a grievance about the calculation of health insurance premiums for the city’s firefighters should be heard by an arbitrator.

The union had filed a grievance over the health insurance premiums which it maintained were based on “an inflated unknown figure that does not reflect the actual costs of coverage.” The premium is set by a firm hired by the city, which is self-insured. When the firefighters were planning to head to arbitration, the city filed the lawsuit to stop it.

State Supreme Court Justice Richard McNally rejected the city’s stance that the issue of how it determines the health insurance premium is not subject to arbitration under the firefighters’ contract.

“This Court finds the issue raised by the (union) regarding the calculation of employee contribution for health insurance premiums as calculated by a non-party is arbitrable,” McNally said in his ruling.

Firefighter Eric Wisher, the UFA president, said the union is following the contract and the city should too.

“It’s not part of the grievance process to go to court as the city has done. We think the city should follow the process in the contract,” Wisher said.

“We’re very happy the judge ruled on our behalf,” Wisher said.

The city does not comment on personnel matters and pending litigation, said John Salka, a spokesman for Mayor Patrick Madden.

The Troy Police Benevolent Association won the three previous lawsuits filed by the city to halt arbitration. Those cases dealt with the PBA’s position that the city failed to make promotions to sergeant within 30 days and owed four officers back pay and benefits; that three sergeants are owed back pay and benefits when the city didn't promote one of them to captain within 30 days; and former Officer Dominick Comitale was due to be paid for accrued vacation time, compensatory time and personal time.

Comitale resigned Jan. 2, 2019 just before a hearing was to be held on the city's plans to fire him for an alleged excessive force incident on Sept. 8, 2018, at a youth baseball field. The city's position is that it shouldn't have to pay anything to Comitale. Before the Sept. 8, 2018, incident, the city had paid more than $174,000 since 2011 to resolve four allegations of excessive force filed against Comitale.