Pennsylvania Labor Board Reverses Firing of Chambersburg IAFF VP

The abuse of firefighter union officials in Chambersburg, Pennsylvania has been well chronicled here on Fire Law Blog. At every juncture of its multi-year struggle with the borough’s elected and appointed officials, The Greater Chambersburg Area Paid Fire Fighters, IAFF 1813 have prevailed. Here are a few of the headlines:

• Pennsylvania Labor Board Reaffirms Chambersburg IAFF Again
• Sanity Finally Prevails in Chambersburg
• Chambersburg Union President Disciplined Over Two Hatter Request

So it comes as no surprise that the firing of Local 1813 vice president Scott McNew back in 2012 has been overturned and the borough found to have committed yet another round of unfair labor practices by the Pennsylvania Labor Relations Board.

You may recall that VP McNew’s termination came on the heals of the suspension of Local 1813 President Pat Martin for allegedly encouraging a “secondary boycott” by sending a letter to IAFF members in October, 2011 reminding them of their obligations under the IAFF constitution and bylaws not to volunteer in the Borough, which at the time was seeking to lay off members of Local 1813. The local filed unfair labor charges with the Pennsylvania Labor Relations Board against the borough over President Martin’s suspension.

In April, 2012, VP McNew initiated internal IAFF charges against 11 members who ignored President Martin’s request. The borough responded by terminating McNew and again suspending President Martin. That prompted a second round of unfair labor practice charges.

In October, 2013, President Martin’s original discipline over his letter was overturned by the Pennsylvania Labor Relations Board who specifically found that Martin had engaged in protected concerted activities that did not constitute encouraging a secondary boycott.

So what did the borough do in October 2013 about the terminated Scott McNew, who seemingly should be rehired? You guessed it… nothing. They let him ride out another nine months without a job until the Pennsylvania Labor Relations Board could investigate and issue a ruling on the second round of charges.

That ruling was issued on August 21, 2014 and orders the borough to rehire McNew, and compensate him for all lost wages (note to taxpayers – McNew could have been riding on a fire truck at least since last October given it was obvious what the outcome was going to be. Now he will be compensated for the time without having worked it due to the borough’s poor leadership).

Some of the key language from the ruling:

• The Borough defends McNew’s termination by arguing that the discipline was not for protected activity and not because of anti-union animus but was because he engaged in a secondary boycott.
• However, in the earlier case, IAFF v. Chambersburg Borough, supra., the Board rejected the Borough’s argument that Martin’s letter was a secondary boycott.
• The Borough also defends its actions by arguing that its motivation was to stop a threat to the safety of Borough residents.
• The Borough’s argument that McNew’s termination was motivated out of a desire to protect the public safety is not persuasive.
• The Board has held in the earlier case that Martin’s first warning letter was not a secondary boycott and was a form of protected activity.
• McNew’s filing of charges was not a secondary boycott and was protected activity. Therefore, it follows that for the Borough to discipline Martin for not stopping McNew from filing charges also is interference and retaliation for engaging in protected activity and constitutes a violation of Section 6(1) (a) and (c) of the PLRA and Act 111.
• Furthermore, [the borough’s] action is an improper interference with the operation of a labor organization. The Borough is interfering with the Union by disciplining Union President Martin for not properly supervising the Union’s vice president, Scott McNew.

Here is a copy of the ruling: 2014 8 21 Proposed Decision and Order – Case No. PF-C-12-94-E

It is an interesting read. Congratulations to President Martin, VP McNew and all of the members of Local 1813 on this hard fought battle. It should have never got this far – but as we have seen in a number of jurisdictions – from North Kingstown, RI, to Taylor, Michigan, and Lockport, NY to Chambersburg, PA – there are elected officials who use the public’s funds to play a high stakes version of political poker in order to advance their own political ideology. If they were gambling with their own money – like the owner of a company in the private sector – it would be one thing. But they are not. They are gambling with other people’s money, and it’s wrong. In the end the taxpayers have to foot the bill for these foolish anti-employee attacks.