The International Association of Fire Fighters secured a crucial federal court ruling in South Carolina that reinforces fire fighters’ First Amendment rights in states without collective bargaining protections.
The case stems from the 2024 termination of Gregory Cargill, a Greenville fire fighter and president of Local 2261.
Greenville City Fire Chief Brian Horton claimed Cargill violated “chain of command” policy when he sent a letter on Local 2261 stationary to a Greenville City Council member detailing concerns about working conditions and staff morale.
Cargill spent months attempting to speak with the fire chief and was repeatedly told he could meet only as an employee, not a union leader.
As a next step, Cargill sent a letter to a Greenville City Council member outlining unresolved concerns related to safety, training, apparatus organization, and new administrative policies
In the letter, Cargill said fire fighters had seen “little progress” despite their efforts to follow chain of command.
“The result has been a growing frustration within the department,” Cargill wrote. “There is a pervasive sense of fear among the rank and file when it comes to speaking out. Many fire fighters feel that raising concerns will lead to harassment or retaliation, creating an environment where they are hesitant to voice their opinions.”
Days later, when the fire chief learned of the letter, he summoned Cargill and fired him.
Cargill sought legal assistance from the IAFF. Through its Guardian Policy, the IAFF filed suit, alleging the city and fire chief violated Cargill’s First Amendment rights to free speech, association, and petition, and engaged in unlawful restraint through its chain of command policy.
“Silencing fire fighters puts public safety at risk, and the IAFF will not accept it,” General President Edward Kelly said.
Though Cargill’s case is ongoing, the ruling has immediate implications for IAFF affiliates in states that limit or prohibit public safety collective bargaining.
Silencing fire fighters puts public safety at risk, and the IAFF will not accept it.
General President edward kelly
The city and the fire chief sought to dismiss the case, asserting qualified immunity. The court denied the motion, allowing the claim to proceed. In its ruling, the court found that Cargill’s communications rightly addressed matters of public concern, including safety, training, morale, and operational effectiveness.
The decision has prompted discussion among fire fighters and fire chiefs across the South regarding its implications for labor relations, said 12th District Vice President Walt Dix.
“This is a tremendous ruling for any affiliate in the South where we have to constantly battle with fire department administrators and elected officials trying to suppress union voices,” said Dix. “Fire chiefs now commonly claim ‘chain of command’ as an excuse to ignore union leaders. It is nonsense, and this was an egregious termination.”
The IAFF’s Guardian Policy provides legal assistance to IAFF members who have been disciplined or terminated for their union activities. For more information, members can contact their district vice president.
