Emmaus firefighters accuse borough of unfair labor practices

Emmaus and its firefighters are squaring off before the Pennsylvania Labor Relations Board again, this time over the firefighter union's claims that the borough has treated it unfairly and discriminated against one firefighter in particular.

The Pennsylvania Professional Firefighters Association filed the unfair labor practice complaint, claiming the borough unilaterally implemented a rule limiting the number of hours firefighters may work each week. The union also alleges that the borough terminated firefighter Robert Ledford in retaliation for his participation in and support of the union.

The Labor Relations Board earlier this year ruled that the Emmaus firefighters are borough employees who can unionize.

The borough denies the claims made in the July complaint, saying it has treated firefighters no differently than other part-time workers and that the fire department, not the borough, removed Ledford from its active roster.

The two sides are scheduled to appear before a Labor Relations Board hearing officer next month to argue their respective cases.

The unfair labor practice complaint is the latest development in the ongoing battle that began last year when the firefighters sought to unionize. Members of the fire department voted to support representation by the Pennsylvania Professional Firefighters Association after a June ruling certifying the union.

The borough has filed exceptions to the ruling and is awaiting word from the Labor Relations Board on that filing.

In the meantime, the union has asked that the borough begin the collective bargaining process, according to borough solicitor Thomas Dinkelacker.

He indicated in an email this week that he expects that process to move forward.

Philadelphia attorney Matthew Areman, who represents the union, filed the unfair labor practices complaint on July 14, claiming that the borough "interfered, restrained and coerced employees." It says the borough in July implemented a rule that selected firefighters could only work up to 30 hours per week."

"This change represents a departure from the status quo regarding a matter within the scope of bargaining and is also being implemented in a discriminatory manner," Areman wrote.

The borough, in its response to the complaint, says it is treating firefighters no differently than other borough employees. Dinkelacker wrote that the borough, following the passage of the Affordable Care Act, adopted a policy mandating that all part-time employees work less than 30 hours per week on average. He said that under the union certification order that the firefighters have part-time status.

"To treat the firefighters as full-time employees would constitute violations of the civil service provisions of the Borough Code and Veterans Preference Act," Dinkelacker wrote.

The borough also denies the claim that it discriminated against Ledford, saying that Ledford was not terminated but that he was removed from the department's active roster.

The borough claims that Ledford had been released to full duty from a medical disability at his regular full-time job, at which time the borough notified him of what he was required to do to regain his status as an active firefighter.

The borough believes that Ledford failed to respond to that notice and was removed from the active roster by the fire department.

"The borough had no knowledge as to Ledford's support or lack thereof for the union and therefore did not, and could not have discriminated or otherwise retaliated against him for pro-union activities," Dinkelacker wrote.

Source: The Morning Call