Maine Fire Fighter Back to Work After Unjust Termination

April 17, 2009 – Thanks to the support of the Professional Fire Fighters of Maine (PFFM) and Gardiner, ME Local 2303, fire fighter Josh Johnson is back on the job after being unjustly fired by the city of Gardiner.

Johnson, a Local 2303 member, was terminated after the city alleged that his driving record prior to becoming a fire fighter had caused the city’s insurance company to refuse to cover Johnson to operate fire department vehicles.

However, the PFFM and Local 2303 argued that not only had Johnson fully disclosed his driving record before being hired, the local’s contract with the city does not list insurability as a condition of employment.

“This was not only a victory for Gardiner fire fighters, but a victory for all of Maine’s fire fighters,” says PFFM President John Martell. “If the city had prevailed, it could have set the precedent that fire fighters could be arbitrarily terminated based on whether or not the city thinks the fire fighter is insurable – especially when there is no contract language to support the practice.”

During pre-employment screening, Johnson was subject to a background check which included his driving record. He did have some moving violations, but the city did not find his record to be cause for concern and hired him in February 2008. Johnson completed his probationary period of six months with high marks.

Meanwhile the city’s insurance company conducted an audit of city employee driving records. The company notified the city that it could no longer insure Johnson. The city responded by giving Johnson a notice of termination, saying he was uninsurable.

“Nowhere in our contract does it stipulate that an employee must be insurable,” says Rich Kindelan, president of Local 2303. “In fact, the minimum requirements are that you have a high school diploma and a valid driver’s license. The city’s decision to fire Johnson was in clear violation of the contract.”

PFFM Staff Representative Bob Bourgault and PFFM 3rd District Vice President Mike Scott stepped in to assist Local 2303 and Johnson through the grievance process.

Arbitrator John Alfano listened to both sides and ultimately ruled in favor of Johnson. He said that the city must immediately reinstate Johnson to full-time employment and provide back pay. Additionally, the city must find an insurance company to insure Johnson.