This is another case
of public officials making misinformed decisions regarding labor relations and personnel
matters. Too many elected officials make
decisions with a bias towards popular public opinion and keeping them in office. The
Pennsylvania Labor Relations Board made the correct decision in this case as
Council’s actions were a clear violation of the Act. I’m surprised that the Solicitor advised them
to pursue this case.
The public sector is always a challenge as a Labor Relations
Professional. With the constant transition in and out of elected and
appointed officials at all levels and many with differing personal agendas,
most with little or no professional labor relations experience, management and
administration of the agreements and workforce by these inexperienced officials
often creates additional liability for the municipal, county and state bodies. Borough Council made a personnel decision,
publically, based on pure perception and that cost them.
Gregory Management & Consulting Services provides
comprehensive support to governmental authorities, local, county and state, in
the areas of contractor administration, contract negotiation and elected
official transition services. Contact Wayne Gregory at Gregory Management
& Consulting Services today at wegregory@gregorymcs.com to discuss your
needs.
The Pennsylvania
Labor Board says the Chambersburg borough erred when it suspended a firefighter
who was also president of the local firefighter's union.
Oct. 22--CHAMBERSBURG -- The
Pennsylvania Labor Relations Board has issued a final order re-affirming that
the borough erred in the suspension of a firefighter in the borough of
Chambersburg.
The case began on Oct. 26,
2011, when Captain Patrick Martin, who also serves as president of
International Association of Firefighters Local 1813, sent a letter to fellow
members reminding them that union bylaws forbid volunteer activity within
another affiliate's district.
Council perceived the letter
to encouragement for volunteers to boycott assisting the borough in fighting
fires.
Council voted to suspend
Martin for 240 hours (10 work shifts) based on "conduct unbecoming an
officer and neglect and violation of an official duty" and cited the
letter as calling for a secondary boycott.
Hearing Examiner Thomas P.
Leonard had ruled on Jan. 30 that council had erred in its suspension of Martin
and that he had not violated labor statutes when he sent the letter.
The borough decided in
February to appeal this decision within the 20-day time period.
After an Oct. 15 meeting of
the board, involving Chairman L. Dennis Martire and members James M. Darby and
Robert H. Shoop Jr., the board upheld the decision by Leonard and exceptions
filed by the borough were dismissed.
According to documents from
the board, Shoop issued a dissenting opinion, stating he believed that he felt
the letter was "coercive" toward IAFF members and believes that
"Local 1813 engaged in a secondary boycott."
John Bielski, attorney with
Philadelphia-based law firm Willig, Williams & Davidson, who represent
Local 1813, said he feels it is "not surprising" that the board ruled
this way.
"This is what we thought
all along," said Bielski. "We always felt this way. Correspondence
from a union member to another union member about abiding with a union
constitution is absolutely permitted and to try and discipline someone for
doing so violates the Act."
According to the final order,
council is required to make Martin "whole for all wages and benefits he
would have earned had he not been suspended." Bielski said council could
continue the process by filing an appeal to the Pennsylvania Commonwealth
Court.
Chambersburg Borough Council
President William McLaughlin first said Monday he had no comment to the
decision, and said he could neither confirm nor deny.
That afternoon he sent a
letter to Public Opinion about the issue.
"As council president I
haven't been involved in the legal filings. The borough solicitor and his legal
team along with special outside counsel have been defending the borough and
have been given broad authority to defend the town's interests from these
attacks.
"Not surprisingly,
someone has been feeding inside information to the local newspaper. Often these
facts, facts that are not secrets have been revealed to the newspaper before
town council, borough staff or our attorneys have the same information.
Apparently the Public Opinion gets briefed by the union before our attorneys
can brief town council," McLaughlin wrote.
Borough Manager Jeffrey
Stonehill said that the borough solicitor will be discussing labor relations
during an executive session at Monday night's borough council meeting.
Source: Firehouse.com
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