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BOZEMAN - An independent mediator has found that the city of Bozeman wrongfully denied a firefighter a year of overtime as well as other forms of special pay.

The decision by Helena-based mediator Jack Calhoun means the city will have to pay about $900 in backpay to firefighter and training officer Tim Sherman and about $5,000 in mediation expenses.

After a vacancy, the city tapped Sherman to fill the job, but changed the training position to a managerial position, making it exempt from overtime requirements of the law.

The International Association of Firefighters Local 613 filed an unfair labor practice charge against the city a year ago when the switch was made.

Earlier this month Calhoun concluded it was not a managerial job because it didn't have at the primary duty of performing office or non-manual work directly related to management.

 

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