Four Virginia Firefighters File Promotion Grievance

Aug. 31, 2012
Four Roanoke firefighters whose promotions were announced two years ago but still haven't gone into effect are in the midst of grievance procedures with the city.

Four Roanoke firefighters whose promotions were announced two years ago but still haven't gone into effect are in the midst of grievance procedures with the city.

According to documents filed in Roanoke Circuit Court, Andy Foley, Scott Boone, David Lucas and Trevor Shannon achieved rank advancement in early 2010. Their complaint's position statement includes copies of a Jan. 5, 2010, memo from the office of Roanoke Fire-EMS Chief David Hoback announcing their rise to lieutenant. It also included a list of 32 other firefighters who in 2009 were certified and eligible for promotions to that rank.

But in July of this year, the four men began grievance procedures, claiming their promotions had never been finalized.

"Chief Hoback had been telling them they would be promoted for over a year," their lawyer, John Loeschen of Salem, said Thursday. He said they were prevented from taking part in a Jan. 13, 2010, promotion ceremony, and he included in court documents a flier for the event with their names on it.

"At the second step grievance meeting, Chief Hoback admitted that he 'had made a mistake' in not promoting the Grievants," Loeschen's position statement said.

Loeschen said he believed the city had promoted more lieutenants that it had spaces for.

"That's a city management planning problem. You have the test, you make it available, then all of a sudden you say, 'We don't have any slots for these people,' " Loeschen said. "If they offered the test and they promoted them, then they ought to go ahead and recognize them at that rank."

Their collective pay increase would amount to about an additional $6,000 a year, he added.

Roanoke Fire-EMS spokeswoman Tiffany Bradbury said Thursday she could not comment on the grievance because it is a personnel matter.

Earlier this month, at the third stage of the grievance process, City Manager Chris Morrill determined that the joint complaint failed to comply with requirements in the manner and time frame it was filed. It said the four firefighters had filed their grievance improperly and well beyond the 20-day time limit the city requires.

Foley, Boone, Lucas and Shannon, whom Loeschen said have remained on active duty, are now asking a judge to determine whether their complaint is valid. They're scheduled to appear in Roanoke Circuit Court on Sept. 26.

"It all just goes back to another shining example of the absolute incompetence of the city's human resources department and labor relations. They have no regard for the city employees," Loeschen said.

Acting City Attorney Tim Spencer said Thursday he could not comment directly on the case.

"It's unfortunate that this happened," Spencer said. "However, the city is compelled to follow its personnel procedures that were created for all the employees, not just a few.

"No one's happy about this, but you have to follow policy."

Copyright 2012 - The Roanoke Times, Va.

McClatchy-Tribune News Service

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