GARDINER -- An arbitrator has upheld the grievance of a firefighter terminated after the city's insurance company refused his coverage to operate city vehicles.

The city hired Joshua Johnson, 24, of Pittston, a firefighter and emergency medical technician, in February 2008. City officials terminated his employment effective Oct. 17, 2008, citing his driving record.

"I'm excited to go back," Johnson said. "It's something I enjoyed doing."

Records from the grievance proceedings indicate Johnson had about seven moving violations for speeding and one for operating without a license.

The violations of concern to OneBeacon, the city's insurance company, were the last four he received:

* speeding, 90 mph in a 65-mph zone, on March 15, 2006;

* operating without a license, Aug. 6, 2006;

* speeding, 44 mph in a 25-mph zone, Aug. 6, 2006; and

* speeding, 79 mph in a 65-mph zone, Oct. 5, 2007.

During his employment with the city, Johnson acquired another violation on March 14, 2008 for traveling 14 mph over the posted speed limit, the report said.

None of the violations occurred while Johnson was on duty for the city, or in a city vehicle.

City Manager Jeff Kobrock said the city did a background check on Johnson before he was hired. At that time, Kobrock said Johnson had two speeding tickets on his record, which was acceptable by the city's insurance company.

"He had two (tickets) and had been stopped again and received another ticket, but hadn't yet gone to court at the time of hire," Kobrock said. "Because of that third ticket, our insurer notified us that they considered him too great a risk to insure."

Attempts by the city's insurance broker, Gosline-Murchie Agency, to obtain insurance coverage for Johnson through OneBeacon failed, Kobrock said.

"We attempted all kinds of modifications and middle ground to try and minimize that risk, but we were unable to satisfy the insurance company," he said.

Kobrock said Gosline-Murchie sought bids from other insurance companies. Some declined; one offered a quote twice the premium for the entire rescue and fire department, he said.

"That was one of our points," Kobrock said. "Why should the taxpayers pay a dramatically increased premium for this fellow's personal driving habits?"

Gardiner Professional Firefighter Local 2303 submitted a grievance to the city on Johnson's behalf on Oct. 23, 2008.

After the grievance was appealed and denied, a licensed arbitrator was selected, John Alfano, of Biddeford. The arbitration hearing took place March 12 at City Hall. City officials and union officials received Alfano's decision earlier this week.

Union president Rich Kindelan said he is pleased with the decision.

"We just wanted to make sure he was given the opportunity to work," Kindelan said. "We knew from the get go it was a clear violation of the contract and pleased the arbitrator agreed. We used the contract and Maine labor law and that's why we prevailed."

Kobrock said the city has the right to appeal the decision.

"We just got (the decision) Tuesday afternoon and we've hardly had a chance to look at it," he said. "We're in the process of reviewing it and discussing the various steps we would take to implement (an appeal) and all other options."

Alfano said in the decision that the city's job description for Johnson's position states that he must possess or obtain a valid drivers license when hired without "record of suspension or revocation in any state."

"What is remarkable about that statement is the absence of any other requirements or restrictions placed on that driver's license," Alfano said in his decision. "Specifically absent are requirements that the applicant and employees be insurable in the normal risk pool nor are there any limits on the maximum cost the city will be obligated to pay to insured employees."

He said the city had ample time to determine if it wanted to assume additional costs to insure Johnson before he was hired and during his six-month probationary period prior to becoming a permanent employee.

According to Alfano's decision, the city will reinstate Johnson to full-time employment immediately; obtain insurance so he can perform the duties of his position; and pay Johnson full salary and benefits retroactive to the date of his termination.

Mechele Cooper -- 623-3811, ext. 408

mcooper@centralmaine.com