California IAFF Local Officer Triumphs in Retaliation Case

August 1, 2008 – A California arbitrator has ruled that the Rialto Fire Department retaliated against Rialto Local 3688 Secretary-Treasurer Nash Briones for his union activities by not allowing him to work as acting battalion chief. The arbitrator ordered that Briones be reimbursed back pay for shifts he would have served as battalion chief.

“Our former fire chief wanted to punish Briones for working hard to protect the rights of our members,” says Randy Ammons, president of Local 3688. “The facts of this case were clear to us and to the arbitrator. We believe the findings of the case were very fair.”

The Rialto Fire Department has a “move up” system to accommodate battalion chiefs who take vacation or medical leave. As past practice dictates, a certified captain working the same shift as the absent chief is moved up until the battalion chief returns.

In 2005, Briones joined the Local 3688 executive board as vice president. In that capacity, he became actively involved in representing union members during grievance and disciplinary actions. In several heated cases, Briones did not agree with Fire Chief Stephen Wells.

The Rialto Local 3688 Memorandum of Understanding (MOU) states that engaging in the grievance/disciplinary process is a protected activity. However, in September 2006, Briones was no longer called to become acting battalion chief for his shift. Instead, a qualified captain from a different shift was called in for the work.

The fire department administration claimed that Briones was passed over for the temporary promotion assignment because of poor job performance. Yet work evaluations rated Briones, a 30-year veteran fire fighter, as competent or better.

Consequently, Local 3688 -- with representation by Adams, Ferrone and Ferrone -- filed a grievance maintaining Briones was retaliated against for his union activities. The arbitrator later delivered a positive finding for the local. “Most attorneys will tell you that retaliation cases are hard to prove, but I knew I had a good case,” says Briones.

He adds, “I had never had any verbal or written reprimand in my three decades as a fire fighter. I was not going to let them tarnish my reputation or set a dangerous precedent for other members.”

Chief Wells retired effective July 17, 2008.