KANSAS CITY, Mo. — Attorneys representing Kansas City, Missouri, say an arbitrator exceeded his authority in reaching an arbitration agreement between the city and Firefighters Local No. 42 regarding discipline of firefighter Dominic Biscari.
Biscari was behind the wheel of a Kansas City, Missouri, Fire Department pumper truck in December 2021 when he was involved in a crash with an SUV at the intersection of Westport Road and Broadway Boulevard.
The crash killed three people.
In the immediate aftermath of the crash, KCFD’s fire chief suspended Biscari pending the outcome of a criminal case involving Biscari as part of the crash.
As part of their collective bargaining agreement, Local 42 filed a grievance in March 2023 over Biscari’s suspension without pay pending the outcome of the criminal case.
An arbitrator reviewed Local 42’s grievance, and last month, handed down his decision, calling for Biscari to only be suspended for three days, that “most references” to the crash be removed from his personnel file and that arbitration costs be assessed to the city.
In a filing Tuesday, the city says the arbitrator exceeded his authority, alleging he decided on matters beyond those made in Local 42’s original grievance.
LINK | Read the city's court filing
City attorneys call for the arbitrator’s entire ruling to be vacated, or at least the parts about the three-day suspension, personnel file and arbitration costs.
Earlier this month, KSHB 41 I-Team reported Biscari was back on KCFD’s active roster as a firefighter. It remained unclear if and when which shifts he might work and job functions he would perform.
The city’s filing Tuesday was assigned to Jackson County Circuit Court Judge Keven Harrell, who set a case management conference for Aug. 19.
KSHB 41 has contacted representatives of Local 42 and the attorney representing Biscari. This story will be updated with their response if one is received.
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