RUMFORD – Ten union firefighters suspended last spring without pay for backing selectmen candidates have been exonerated by an independent arbitrator.
The town of Rumford must pay them for the lost time, expunge the disciplinary action from their records and refrain from interfering with Local 1601 of the International Association of Firefighters Union and its members when engaged in protected union activities.
“The town doesn’t plan to appeal the decision,” Town Manager Carlo Puiia said Tuesday. He declined further comment.
“We’re just happy that it’s done with, that it’s over,” fire Chief Gary Wentzell said.
The affected firefighters were union President Mark Tripp, who was suspended for a week in June 2008; Richard Coulombe, Jeff Harren, Keith Bickford, Chris Bryant, Ed Carey, Butch Glover, Bill Johnston, Ben Byam and Rob Dixon, who received one-day suspensions in June and July.
Arbitrator John C. Alfano of Biddeford said the town didn’t have just cause to discipline the members for instigating or participating in activities supporting candidates for selectmen.
The members supported Robert Cameron and incumbent Greg Buccina for election last June.
Selectman Mark Belanger, who was also in the race, objected to the union’s action and to Tripp’s letter to the editor published in the Rumford Falls Times explaining why the union endorsed Cameron and Buccina.
Voters elected Cameron and Belanger to three-year terms; Buccina lost.
According to the arbitration document, Belanger wrote a letter on June 9, 2008, to Rumford Town Manager Jim Doar, complaining that the union and its members had violated Rumford’s ordinance against political activity by town employees acting in an official capacity.
Belanger demanded that Doar dismiss the core group of instigators and suspend union members who voted in favor of the endorsement.
Doar complied on June 12, 2008, but only to suspend the 10 firefighters. Doar resigned two days later to take a job elsewhere and selectmen hired Len Greaney as interim town manager on June 13.
The union, represented by the Maine Professional Firefighters Association, filed a grievance on June 26 protesting the suspensions.
Greaney denied the grievance, stating, “For years, Selectman Mark Belanger has consistently identified concerns about operational norms of the (department). It has been observed, for several years, that the union seems to be running the fire department.
“Fire department management, at the expense of continued ‘bad press’ for the fire department, has ignored reasonable corrective action,” Greaney wrote. “It’s no secret that the Rumford firefighters wanted to get Belanger out of office to favor their own interests.”
“That is illegal under our town ordinances,” Greaney wrote.
The union appealed to the Board of Selectmen and was denied. Local 1601 sent the grievance to arbitration.
The town, through its attorney, Thomas Carey, argued that it had just cause to suspend and discipline the firefighters for violating an ordinance, even though the 10 firefighters said they weren’t aware of the ordinance.
The union argued that the town violated its agreement with the union when it disciplined the 10 firefighters without just cause and without a predetermination hearing.
“The town was attempting to muzzle the speech of the union because the managers wanted to protect the town from the influence the union may have on the election that was contrary to theirs and Belanger’s interests,” arbitrator Alfano said.
He said that Maine labor law bans Rumford from enforcing its ordinance against employees engaging in union activities.
“However, even if the town had enough evidence to establish just cause, the town fatally violated due process … by not providing a hearing as required by the just cause standard for discipline,” Alfano wrote.
He said Rumford officials violated the town ordinance by failing to provide a hearing as required on Belanger’s complaint and by not providing a pre-hearing before applying discipline.
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