Borough v. Pa. Labor Relations Bd.

106 A.3d 212

Chambersburg BOROUGH, Petitioner

v.PENNSYLVANIA LABOR RELATIONS BOARD, Respondent.

Nos. 2008 C.D. 2013

2009 C.D. 2013

Commonwealth Court of Pennsylvania.

Submitted June 6, 2014.

Decided Dec. 4, 2014.

Scott T. Wyland, Harrisburg, for petitioner.

John B. Neurohr, Chief Counsel, and Warren R. Mowery, Jr., Assistant Counsel, Harrisburg, for respondent.

John R. Bielski, Philadelphia, for intervenor International Association of Fire Fighters Local 1813.

BEFORE: RENÉE COHN JUBELIRER, Judge, and MARY HANNAH LEAVITT, Judge, and ROCHELLE S. FRIEDMAN, Senior Judge.

Opinion

OPINION BY Judge COHN JUBELIRER.

In these consolidated appeals, Chambersburg Borough (Borough) petitions for review of the Final Order of the Pennsylvania Labor Relations Board (Board) dismissing the Borough's exceptions and making absolute and final the Proposed Decisions and Orders entered in Case Nos. PF–C–11–174–E and PF–C–12–40–E.¹ The Borough asserts that the Board erred by: (1) failing to find that the labor organization representing the Borough's firefighters committed an unfair labor practice by coercing volunteer firefighters into refraining from responding to fires in the Borough; and (2) by finding that it committed an unfair labor practice when it disciplined its shift captain for issuing, on behalf of the labor organization, a letter coercing the volunteer firefighters into refraining from responding to fires. Because we conclude that the Board erred, we reverse.

Local 1813 Union (Union) is a chapter of the International Association of Fire Fighters (IAFF),² and serves as the bargaining unit for twenty-one full-time firefighters employed by the Borough. (Final Order at 1.) The Borough and the Union had a collective bargaining agreement (CBA) in effect which governed their employment relationship through the beginning of 2012. (Final Order at 2.)

In addition to paid firefighters, the Borough's fire department utilizes the services of four volunteer fire companies: Franklin Fire Company No. 4 (Franklin); Junior Hose and Truck Company No. 2 (Junior Hose); Goodwill Fire Company No. 3 (Goodwill); and Cumberland Valley Fire Company No. 5 (Cumberland Valley). (Final Order at 1.) Junior Hose, Goodwill, and Cumberland Valley all operate out of the Borough's fire station, and use Borough-owned equipment. (Final Order at 2.) Franklin operates from its own separate building located in the Borough and uses its own equipment. (Final Order at 2.) Franklin is the only company in the Borough that has heavy rescue equipment, which is capable of freeing people who are trapped in vehicles or buildings. (Final Order at 2.) The Borough does not exert any administrative control over the Franklin volunteers. (Final Order at 2.) None of the active volunteers at Junior Hose, Goodwill, or Cumberland Valley are members of the IAFF. (Final Order at 2.) Franklin has fourteen active volunteers who respond to calls within the Borough, and twelve of those active volunteers are also members of the IAFF because of their full-time positions as paid firefighters “of larger municipal fire departments in Virginia or the District of Columbia, or on federal installations.” (Final Order at 2.) The Borough has a mutual aid agreement with Franklin, effective from 2007–2012, whereby Franklin is authorized to respond to emergencies within the Borough. (Final Order at 2.)

In July 2011, during negotiations for a successor CBA between the Borough and the Union, the Borough informed the Union that the Borough would need to downsize the number of paid firefighters due to budget constraints. (Final Order at 2.) The Borough formally notified the Union by letter on July 25, 2011 that, “ ‘effective nine (9) months from the date of this notice, the Borough will either simply decrease its firefighting capabilities or transfer much of the primary responsibility for firefighting and suppression to other potential fire service providers.’ ” (Final Order at 2 (quoting Letter from William F. McLaughlin to Patrick Martin (July 25, 2011) at 2, R.R. at 358a).)

At the time of the negotiations, Patrick Martin was employed as a shift captain in the Borough's fire department, and was also president of the Union. (Final Order at 2; Proposed Decision and Order, Case No. PF–C–11–174–E (Order PF–C–11–174–E) at 2.) IAFF membership “is voluntary and obligates the firefighters to abide by the IAFF Constitution and Bylaws.” (Final Order at 2.) “[A]n IAFF member violates the IAFF Constitution if he or she provides volunteer fire services to a municipality that has [furloughed] its paid firefighters who are represented by the IAFF.” (Final Order at 3.) This type of violation is considered misconduct under the IAFF Constitution and “any member of the IAFF may file internal union charges against another IAFF member who engaged in misconduct.” (Final Order at 3 n. 4.) After a review process, a penalty may be imposed upon the IAFF member, “which includes a temporary or permanent suspension in membership status in the IAFF.” (Final Order at 3 n. 4.)

After Martin received the July 25, 2011 notification from the Borough stating its intent to decrease the number of paid firefighters, Martin and the Union's executive board decided that the IAFF members should be notified via a letter of the Borough's intent to furlough Borough firefighters (Letter). (Final Order at 2.) Before sending the Letter, Martin met with the volunteer fire chief of Franklin, Mark Trace,³ on October 24, 2011, regarding the proposed layoffs. (Final Order at 3 n. 5.) Chief Trace memorialized this meeting in a memorandum that stated as follows:

[The Union] will be sending out letters to roughly 200 union firefighters living in Franklin and part of Cumberland Counties REQUESTING that you do not volunteer on calls in the [Borough]. This request does not concern you riding calls other than those calls inside the [Borough] and is not a formal charge of any kind. Due to IAFF regulations/policies/procedures, your local union will receive a copy. Again[,] this is a request out of respect for your union brother and not a formal charge of any type. NOW with that being said, if you continue to volunteer on runs into the [Borough], [the Union] will file formal charges with the IAFF to have disciplinary actions taken against you. I am not a lawyer or big union contract guy but I believe that the worst of those charges would be that you loose [sic] your union card.

This leaves you with a decision to make. Do you or do you not ride calls into the [Borough]? As the Fire Chief, I promise you that you will not receive disciplinary action from the Franklins if you choose not to respond on calls into the [Borough].

(Final Order at 3 n. 5.)

Two days later, Martin sent the Letter, dated October 26, 2011, to two hundred members of the IAFF residing “in Franklin County and the southern portion of Cumberland County,” including twenty-four IAFF members who provided volunteer fire services for Franklin fire company. (Final Order at 3–4.) “None of the volunteers at [Cumberland Valley], [Goodwill], or [Junior Hose] received the [L]etter because they were not IAFF members.” (Final Order at 4 n. 6.) The full text of the Letter is as follows:

As you know, current economic and political strife within the United States has placed great stress upon state and local governments, forcing them to find alternative means to support and provide funding for their respective infrastructures. As a direct result, municipal based public safety entities have borne the brunt of the budgetary scrutiny as has already been evidenced in the states of Wisconsin, New Jersey, and Ohio.

Regrettably, I am compelled to inform you that the Borough of Chambersburg is facing a similar reality. Recently, the Borough informed our membership that [ ] it intends to reduce the Chambersburg Fire Department's career staffing or transfer much of the primary responsibility for firefighting and suppression to potential fire service providers. It seems likely that the Department will achieve these goals by more heavily relying upon volunteer departments, with which it has existing relationships in the form of mutual aid agreements.

Many of you, by now, are likely experiencing circumstances similar to ours—being forced to face the realities of providing financial stability and security to your families in these uncertain economic times. Therefore, I respectfully request your support as a member of the International Association of Fire Fighters, and ask that you adhere to the Constitution and By–Laws of our great union by refraining from providing volunteer fire fighting services to the Borough of Chambersburg. We are abundantly aware that such a request in some form may place stress upon you and your personal interests. Many of you currently volunteer in areas that are unable to provide adequate means of fire and public safety, and our request is in no means meant to criticize or diminish your efforts and commitment to your communities. However, collective, mutual support is fundamental to the security of all who possess membership within the IAFF, and this support is necessary to protect the jobs of our local members.

In closing, we greatly appreciate your consideration and assistance in this matter and would like to emphasize that the Greater Chambersburg Area Paid Fireman's Association, IAFF Local 1813[,] will pursue any avenue of action that is both necessary and legal for the continued security of our members and their families as well as yours.

(Final Order at 4 (quoting Letter from Patrick Martin to IAFF Members (Letter) (October 26, 2011), Hearing Joint Exhibit C).) Thereafter, the record shows that internal misconduct charges were brought against ten Franklin volunteers, who are also members of the IAFF, for continuing to volunteer in the Borough.⁴ (Hearing Joint Exhibit Q, R.R. at 379a–98a.)

On November 4, 2011, the Borough issued a memo to Martin informing him that he was under investigation for misconduct as a result of the...