WILKES-BARRE — The union representing city firefighters will challenge an order dismissing an unfair labor practice complaint filed over the demotion of former assistant chief Thomas Makar.
The complaint alleged Makar, an assistant chief for 12 years, did not retain his appointed position because of his criticism of the city on social media. The Facebook posts by the former president of Local 104 of the International Association of Fire Fighters were protected union activity, according to the complaint.
But in his Nov. 8 order, Stephen A. Helmerich, hearing examiner in the case, concluded the city did not act out of “anti-union animus” when it demoted Makar to captain in 2016. Instead, Helmerich determined Makar did not match up well against the other candidates for the job.
Makar, 62, retired in February after 37 years of service. He was union president from 1998 until Jan. 1, 2012. Makar was an “aggressive” president and responsible for filing many grievances, Helmerich noted.
“We’re going to appeal it for him,” said union president Mike Bilski.
Helmerich’s order provided historical context for the appointment process and details on Makar’s interview:
The assistant chief position has been a mayoral appointment for the past 25 years. When Tom Leighton took office in 2004, Makar, a captain at the time, interviewed for assistant chief and was selected for the position.
In accord with the practice, Mayor Tony George accepted resumes for the assistant chief spots when he took office in 2016. Makar submitted a resume and the administration “believed it was low quality.”
George assembled a search committee of city Administrator Ted Wampole, Human Resources Director Nicole Ference and Deputy Fire Chief Alan Klapat. They interviewed 12 candidates and recommended four to the mayor, but Makar was not one of the finalists for the four openings.
The committee members recalled Makar was not professionally dressed for his interview. Other candidates wore suits or their uniforms. He also displayed a negative attitude and expressed anger that he had to interview for the job. At no point during the interview was his union activity discussed.
It’s rare for an employer to admit to holding a bias against unions and to find direct evidence in a case, the order said. For those reasons, the hearing examiners “may infer animus from the evidence of record,” the order stated.
Helmerich said the record did not support the union’s claim Makar was discriminated against for his union activity. His demotion occurred years after he engaged in protected union activity that the city was aware of, Helmerich said.
“The record in this matter is clear that the decision to demote Makar was based on the City’s negative review of Makar’s attitude and demeanor in the interview process as compared to the other applicants,” Helmerich said.
To support his conclusion, Helmerich made reference to the testimony of Klapat on why Makar was not selected as one of the four finalists.
Klapat said in his 27 years with the department, he had a good working relationship with Makar.
“ … If I didn’t include his demeanor in the interview, it would have been an injustice to the whole process. It would have been unfair to all the other candidates that came in and presented themselves professionally,” Klapat testified.
Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott.
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