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Maine Fire Fighters’ Right to Take Political Action Protected
June 12, 2009 – Rumford, ME Local 1601 President Mark Tripp and
nine other Local 1601 members have been fully vindicated after being unfairly
suspended for endorsing two Town Board of Selectmen candidates. In the IAFF
Guardian Policy case, the arbitrator ruled that the town did not have just cause
for the discipline and did not follow disciplinary procedures as dictated in the
labor-management contract.
“Our Rumford fire fighters were acting entirely within their
rights as union members when they endorsed the two candidates,” says IAFF
General President Harold Schaitberger. “The IAFF will never stand idly by when
member rights have been violated. The International was proud to stand behind
these fire fighters and is pleased with the arbitrator’s ruling.”
Professional Fire Fighters of Maine (PFFM) President John
Martell agrees, “With the strong backing from the IAFF, IAFF 3rd District Vice
President Mike Mullane and the PFFM, our Local 1601 members were able to fight
and win their case against the town. As a result, they received a fair and just
ruling.”
As candidates for the Town Board of Selectmen launched their
campaigns for the June 9, 2008 election, Rumford Local 1601 carefully assessed
which two candidates it would endorse. After sending all of the candidates
surveys to determine how each stood on issues important to the Town of Rumford
and its fire fighters, 10 of the 11 Local 1601 members voted to endorse
incumbent Greg Buccina and newcomer Robert Cameron.
As Local 1601’s president, Mark Tripp sent a letter to the
editor of a local newspaper, explaining why the fire fighters were supporting
these two candidates. Incumbent Selectmen Mark Belanger – who did not receive an
endorsement from the fire fighters –issued a complaint to the town manager,
claiming that Local 1601 had violated an ordinance prohibiting town employees
from political activity.
Belanger demanded that the “instigators” be fired and the
“supporters” be suspended without pay. Soon after, the town manager sent out
letters notifying Mark Tripp that he would be suspended for one week without pay
and the supporting nine Local 1601 fire fighters would be suspended for one day
without pay.
The suspensions were implemented without following Local 1601’s
contract disciplinary guidelines, which state the town must have just cause and
must conduct a pre-determination hearing before taking disciplinary action. The
town also failed to take into account fire fighters’ rights to free speech and
free association protected by the First and Fourteenth Amendments to the U.S.
Constitution.
“We knew we had not violated any rules and that the town had
clearly acted against provisions of our contract,” says Tripp. “We needed to
take legal action and immediately called PFFM President Martell for guidance and
assistance.”
Martell called upon IAFF 3rd District Vice President Mike
Mullane to help secure coverage under the IAFF Guardian Policy. General
President Schaitberger, then, granted the request.
Local 1602 did file grievances protesting the suspensions. The
Rumford fire fighters’ cases eventually landed in arbitration, where they were
represented by IAFF General Counsel Richard Bialczak of Woodley and McGillivary
and PFFM Representative Bob Bourgault.
After hearing both sides of the case, the arbitrator ruled that
the town did not have just cause to discipline Tripp and the other fire fighters
because it failed to conduct the pre-determination hearings. The arbitrator also
said the ordinance against political activity was “improper interference with
protected union activities” because it is preempted by the state’s Municipal
Public Employee Labor Relations Act.
In the award, the arbitrator said that the fire fighters must be
made whole with any loss of pay or overtime due to the suspensions, any record
of the suspensions must be stricken from the fire fighters’ employment files and
the town is now ordered not to interfere with any protected union activity,
including political activity.
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