North Carolina IAFF President Alleges Free Speech and Association Violations

A North Carolina firefighter has filed suit claiming he is being retaliated against because of his advocacy on behalf of his fellow firefighters as union president. Robert Templeton filed suit against the City of High Point, the former fire chief and the current interim fire chief alleging violations of the federal and state constitutions.

The suit claims that Templeton had excellent evaluations up until he was elected president of IAFF Local 673 in January 2023. Thereafter he claims he was targeted for discipline, subjected to threats, and retaliated against for efforts on behalf of firefighters. The problems culminated in a meeting on May 28, 2024 to address two HR grievances he filed into retaliatory discipline. Quoting from the complaint:

• During this meeting, Templeton stated the following: (a) he was being targeted and retaliated against by HPFD officials because he repeatedly spoke up about matters of public concern; (b) he was unfairly disciplined by HPFD officials because of his union-related activity, which included speaking with High Point officials about matters of public concern; (c) HPFD did not have a factual basis to discipline him or issue him a low score in his annual performance review; (d) Defendant High Point was aware that HPFD officials, including Defendants Evans [the interim fire chief] and Reid [the former fire chief], were targeting Templeton because he spoke up about matters of public concern; and (e) Defendant High Point was also aware that HPFD officials, including Defendants Evans and Reid, had engaged and continued to engage in anti-union conduct which affected IAFF Local 673 members.
• The High Point representatives responded to Templeton’s allegations by admitting that Templeton was being punished for speaking up about matters of public concern with High Point officials because such conduct violated Rules 5.4 and 5.11 of the HP Personnel Resolutions.
• Then, the High Point representatives ordered Templeton to “not cross the line” or violate the chain of command by speaking to High Point officials about matters of public concern in the future.
• Throughout the meeting, the High Point representatives repeatedly emphasized that because Templeton is an HPFD employee, he can only discuss concerns which reference or relate to HPFD with his HPFD supervisors.
• On June 29, 2024, Templeton received reports from HPFD employees that HPFD Battalion Chiefs were going around the fire stations and telling HPFD fire fighters to either get out of the union or to not join the union.
• Upon information and belief, this anti-union conduct by the HPFD Battalion Chiefs was done at the direction of Defendant Evans.
• HPFD’s effort to harm and dismantle IAFF Local 673 has been part of an ongoing pattern and practice of anti-union behavior by the HPFD which includes, but is not limited to, disciplining past officers of IAFF Local 673 whenever they spoke up about matters of public concern for infractions that non-union members were rarely, if ever, disciplined for; disciplining IAFF Local 673 members for engaging in union-related activity within the High Point community; and repeatedly passing over for promotion IAFF Local 673 members for less- qualified, non-union fire fighters.
• In addition, HPFD leaders routinely dissuaded new HPFD employees from joining IAFF Local 673.
• In some situations, HPFD leaders would state, “if you want to join the union, it’s fine but I wouldn’t suggest it.”
• When additional persuasion was needed, the HPFD leaders would list the names of IAFF Local 673 members who had been punished, involuntarily transferred, and/or were routinely denied promotions because of their union involvement.
• As a result, HPFD fire fighters routinely remark that IAFF Local 673 is a death sentence for your career.

The suit alleges a violations of Templeton’s right to free speech and free association under the First Amendment to the US Constitution as well as the analogous provisions of the North Carolina constitution.

For those not familiar with North Carolina law, firefighters do not have the right to engage in concerted activities for their mutual protection (ie. they have no right to collectively bargain). As if that is not enough, it is illegal for a municipality to enter into an agreement with a union. Here is a copy of the law:

§ 95-98.  Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal. Any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect. (1959, c. 742.)

About all that the municipality can do is agree to meet and confer with the union, and even that is not required.

Here is a copy of the complaint: