Feb. 04--CHAMBERSBURG -- While the Pennsylvania Labor Relations Board has found the Borough of Chambersburg was wrong to suspend a local firefighter, the effect the proposed PLRB order will have on outstanding litigation will depend on several factors.
On May 8, 2012, Chambersburg Solicitor Bryan G. Salzmann filed a lawsuit against International Association of Fire Fighters Local 1813 as well as firefighters Patrick Martin and Scott McNew, who also served as president and vice president of the union. The lawsuit states they are seeking preliminary injunctive relief for a secondary boycott.
Hours after it was filed, Judge Richard Walsh granted the injunction, stating the "defendants are hereby ordered to cease and desist from encouraging, sanctioning and supporting a secondary boycott" of volunteers.
However, the PLRB proposed orders find that the union was not trying to create a secondary boycott through written letters and further that the borough was wrong to have suspended Martin.
Martin wrote a letter on Oct. 26, 2011, to his fellow union members, reminding them of their bylaw obligation to not respond within another affiliate's district -- in this case, the borough. In January 2012, he was suspended for the letter, which Chambersburg Borough Council alleged was "encouraging, sanctioning, supporting and suggesting a secondary boycott."
On April 21, 2012, McNew sent a letter to at least 11 IAFF members who volunteer with the Franklin Fire Company, bringing charges against them
for continuing to volunteer after Martin's letter. Council conducted a special meeting on May 7 to address the letter and then filed the lawsuit the next day.
Currently, the injunction still stands despite the PLRB proposed orders, which will become final in 20 days if the borough does not file exceptions, said John Bielski, attorney with Philadelphia-based law firm Willig, Williams & Davidson, representing Local 1813.
"The (injunction) stands at this point of time and it will until something changes," he said. "I would really like to see all this litigation that still exists to be resolved and that the parties get back to continuing to provide quality fire and emergency services," Bielski said.
On Saturday, Borough Manager Jeffrey Stonehill said borough officials will be reviewing the proposed orders and, if needed, may look into filing exceptions.
Salzmann could not be reached for comment by presstime on Monday.
Another factor that could affect the injunction is the July 5 award of the $1.6 million SAFER -- Staffing for Adequate Fire and Emergency Response -- grant, which states the fire department must maintain its current staff levels.
McNew, though, was fired on July 23, an action that is still in the appeals process.
"The SAFER grant was great for the borough and for the firefighters. It ended the threat of layoffs," Bielski said. "Given that there doesn't need to be any layoffs and given the recent decisions by the PLRB, which strongly support the union's position that there wasn't a secondary boycott and what the borough did was inappropriate, we should get back to resolving all these issues."
McNew had been scheduled for a hearing before Chambersburg Civil Service Commission on Sept. 7 but that has been postponed several times in order to wait for the PLRB orders to be announced.
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Samantha Cossick can be reached at [email protected] and 262-4762.
Copyright 2013 - Public Opinion, Chambersburg, Pa.
