Rockingham Fire Chief is Engaging in a Pattern of Abuse
Against Union Fire Fighters
Chief Threatens Violence against Fire Fighters
Washington, DC – Rockingham Fire Chief Charles Gardner has suspended
two fire fighters and fired another since the Rockingham Fire Fighters Local
4702 filed a lawsuit against the city for unlawfully withholding overtime pay
from the city’s first responders.
“Chief Gardner’s pattern of abusive behavior is in retaliation for the
decision by Rockingham fire fighters to form a union. Forming a union is a
legally protected right in our country. Abusive retaliation against workers for
any reason is not legal,” said Larry Osborne, 12th District Vice President of
the International Association of Fire Fighters.
Ten members of the Rockingham Fire Department formed Rockingham Fire Fighters
IAFF Local 4702 on October 1, 2008. On March 13, 2009, the general counsel of
the IAFF filed a lawsuit in the federal district court for the Middle District
of North Carolina. The suit seeks overtime compensation unlawfully withheld from
the fire fighters. Withholding overtime pay violates the Fair Labor Standards
Act (FLSA). All 10 members of Local 4702 are named as plaintiffs in the lawsuit.
“Chief Gardner has little regard for the law or the civil rights of fire
fighters in the union. Chief Gardner’s tyrannical behavior is un-American, and
it’s time to shed light on his illegal actions,” said David Anders, president of
the Professional Fire Fighters and Paramedics of North Carolina.
Since the lawsuit was filed and the chief learned of the existence of Local
4702 and the names of those in the union, every union officer and a majority of
the union members have been unfairly singled out for retaliatory discipline.
• On March 24, the chief issued a written reprimand to Local 4702 member Mike
Meginnis for allegedly being “disrespectful” to Captain Vic McCaskill;
• On
April 6, the chief suspended Local 4702 Vice President Mike Williams for a week
(a total of three 24-hr shifts) for allegedly asking a non-union fire fighter to
join the union while at a fire station;
• On April 21, Local 4702 members Troy
Sorrell, Gus Bellamy and Chuck Bowden left separate family gatherings to report
to the station following a turn-in alarm, which requires fire fighters to
respond to the fire station or the scene of a fire, depending on the chief’s
orders, if they are needed to assist in fire fighting. Even though the chief
said over the radio after the initial turn-in alarm that additional personnel
were not needed at the scene of the fire in question, he suspended each of these
three fire fighters for one-day and refused to compensate them for responding to
the station;
• Fire fighter Mike Meginnis was disciplined for failing to report
to a turn-in alarm that occurred while he was being examined by a doctor. His
pending suspension was dropped only after he submitted a note from a doctor;
•
On April 24, Local 4702 President Robbie Barber was suspended for a week (three
24-hour shifts) and Treasurer Rodney Gandy was terminated, each for allegedly
failing to respond to a turn-in alarm while off duty. Gandy was told by the
chief that he was required to bring his radio into church with him. Gandy was
also told that he could not take his wife to dinner anywhere more than 45
minutes from Rockingham because he needed to remain available to respond at any
time for a turn-in alarm;
• On April 26, McKinnon was suspended for a week
(three 24-hour shift days) for failing to respond to a turn-in alarm.
Since the lawsuit was filed, Chief Gardner has denied the use of earned
vacation leave and canceled vacation leave that had already been approved and
scheduled. He has failed to pay fire fighters for responding to off-duty turn-in
alarms, even though they are entitled to receive pay when they respond.
The department’s two non-union fire fighters have not been disciplined since
the lawsuit was filed and reportedly have been offered double compensation by
the chief to cover the shifts of the Local 4702 fire fighters he has suspended.
Chief Gardner has a violent, well-documented past.
• On October 9, 1997, the Richmond County Daily Journal ran a story entitled
“Case Against City Inspector Dismissed.” The story detailed an assault charge
brought by a contractor against Chief Gardner, who at the time was serving as a
building inspector for the city. According to the article, Gardner “hit him in
the face three times, broke his glasses, and caused his nose to bleed, requiring
medical attention.”
• On January 21, 2009, fire fighters Robbie Barber, Richard
O’Neil and Mike Williams heard Chief Gardner say “if the city fires me, I will
come back to the fire department, shoot everyone and then go to the city hall
and pick them off one by one, like ducks.”
“Chief Gardner is a classic bully and incapable of serving in a management
capacity. In light of his history and overt threats, it is incumbent on the city
of Rockingham to step in and keep its fire fighters safe from the chief who was
sworn to protect them. Chief Gardner’s disregard for the law and lack of common
decency make it clear that he needs to be reined in before he breaks the law
again or harms innocent people,” Anders said.
The International Association of Fire Fighters, headquartered in
Washington, DC, is the leading advocate in North America for the safety and
training of fire fighters and paramedics. The IAFF represents more than 295,000
full-time professional fire fighters and paramedics who protect communities in
every state in the United States and every province in Canada. More information
is available at www.iaff.org.
Click here for IAFF Press Releases and Archives
