Pa. Firefighter Fired Over Two-Hatter Issue Appeals

CHAMBERSBURG, Pa. -- A Chambersburg Fire Department firefighter is appealing his July firing to the Chambersburg Civil Service Commission.

Scott McNew, vice president of the Greater Chambersburg Area Paid Fire Fighters Association IAFF Local 1813, was terminated during the July 23 Chambersburg Borough Council meeting.

McNew received official notice of his termination on July 26 from council President William McLaughlin, which indicated he had 10 days to appeal, according to documents obtained by Public Opinion.

A hearing before the Civil Service Commission has been tentatively set for Sept. 7.

In an April 21 letter to International Association of Fire Fighters members who also volunteer within Chambersburg, McNew notified recipients that he was bringing internal union charges against them. He listed dates and locations of volunteer services that were union violations. This came after GCAPFFA President Patrick Martin's Oct. 26 letter asking all IAFF members to adhere to IAFF bylaws by "refraining from providing volunteer firefighting services to the Borough of Chambersburg."

In the April 21 letter, the first charge regards engaging in conduct detrimental to the best interests of the IAFF. The second charge relates to the volunteer firefighters working a secondary, part-time or volunteer fire or EMS job "where such job is within the work jurisdiction of any affiliate or which adversely impacts the interests of any affiliate or the IAFF," McNew wrote.

The borough became aware of the letter "on or around May 1" and sought to schedule a predisciplinary conference.

McNew provided written responses to questions from the borough on July 3 in lieu of a conference, according to documents.

In his responses, McNew said he was not directed by Martin to send the letter. He had decided on his own that IAFF members who were volunteering within the borough against union bylaws needed to be stripped of their IAFF membership, documents state.

"They would not have lost their jobs or their benefits provided by their employment with the municipality for which they provide paid services," McNew wrote. "In fact, they could have continued to volunteer in Chambersburg. They only would be stripped temporarily of their membership in the IAFF."

McNew wrote that he had kept track of who was volunteering and where through a home radio scanner and various website information and data.

"Information obtained was all done while off duty," he wrote. "No log was kept while on-duty at the Chambersburg Fire Department."

In the documents, the borough acknowledges that McNew is "free to communicate" his concerns and beliefs as well as engage in any lawful protest. However, he is not allowed to participate in any unlawful conduct that is potentially detrimental to residents and in conflict with the collective bargaining agreement.

"Due to the serious nature of Mr. McNew's conduct and the potentially serious impact it could have had on the community, the Borough is not concerned with the purported reasons for Mr. McNew's prohibited and unlawful conduct," according to documents. "The Borough finds that Mr. McNew knew and/or should have known that his conduct was prohibited, unlawful and that his conduct endangered the health and safety of Borough residents."

On July 5, McNew sent a letter to the same IAFF members withdrawing the internal union charges because the borough received a $1.6 million Staffing for Adequate Fire and Emergency Response (SAFER) grant.

Council took into consideration that McNew withdrew the charges after the grant was awarded and after predisciplinary proceedings were initiated, according to documents.

However, " the simple fact remains that the charges were filed, further advocating that IAFF members stop volunteering in the Borough, presenting a significant threat to public safety," the documents state.

Borough council found that McNew violated terms in the Chambersburg Borough Civil Service Regulations, the Borough Code and the Collective Bargaining Agreement by using "coercion by preferring internal union charges to further a secondary boycott of volunteer firefighting services in the Borough " according to documents.

Part of the Collective Bargaining Agreement between the borough and IAFF Local 1813 is that the union, their agents, representatives or public employees are prohibited from calling for a strike or boycott, engaging in or encouraging a strike, threatening any public employee to cease doing business with any other employer or any other actions that would interfere with the normal work of the department.

"Any employee participating in these prohibited activities may be discharged by the Borough," the collective bargaining agreement states.

In his written responses, McNew cited another part of the collective bargaining agreement which states that "No department official or management personnel of the Borough shall: Initiate, create, dominate, contribute to, or interfere with the formation or administration of any employee organization meeting the requirement of law."

Such activity, such as the letters, are protected under the Pennsylvania Labor Relations Act, he wrote. The Pennsylvania Labor Relations Board will decide whether his and Martin's actions are considered illegal conduct.

An initial hearing was scheduled on June 18 before the PLRB with no information released to date.