By Jane Prendergast
Enquirer staff writer

Cincinnati's police union has filed another unfair labor practice claim against the city on behalf of another captain it argues should be promoted to assistant chief.

The Fraternal Order of Police filed the allegation Wednesday with the State Employment Relations Board. This time, it's on behalf of Capt. Michael Cureton, commander of District 2 on the city's East Side and the highest-ranking African-American in the department.

The union says the city is violating its contract by failing to promote Cureton to the assistant chief's position vacated a month ago by Lt. Col. Rick Biehl, who retired.

The filing is the union's second on this issue.

The first, filed in October 2002, argued that Capt. Stephen Gregoire should be promoted to replace assistant chief Lt. Col. Ron Twitty. An Employment Relations Board hearing officer agreed with the union last year but the city appealed to the entire board. Both sides have waited for that decision since each gave oral arguments in March.There are four assistant chief positions. Two are now vacant.

"It's a filing that we always do if the city doesn't do the right thing," said Sgt. Harry Roberts, FOP president.

At issue in both cases is the application of Issue 5, the referendum city voters approved in 2001 that allows the city to go outside the department for its chiefs and assistant chiefs. Previously, they were chosen from the Cincinnati ranks. In the wake of the riots that year, activists pushed the referendum as a way to get new blood into police leadership positions.

Councilman Pat Dewine, chief backer of the referendum, has continued to fight for it because he said the will of the voters should win out. But the union says that vote can't trump its contract, which requires assistant chief positions be filled from the promotional list that was in existence at the time.

E-mail jprendergast@enquirer.com