Rodney Gandy, who was terminated from the fire department in April, was denied unemployment insurance benefits by a hearing officer with the Employment Security Commission because he was fired with cause.
“This judgment speaks for itself,” Rockingham City Manager Monty Crump said.
Gandy said some of the materials he and union attorney Art Traynor of Washington, D.C. prepared in the case were not accepted as evidence, and he will appeal the decision.
This decision was the reversal of an April decision finding Gandy qualified for benefits. That judgment was appealed by the city.
Crump represented the city in this hearing.
It had been Gandy’s contention in the hearing and in previous interviews with the Daily Journal his firing came in retaliation to becoming a member of the AFL-CIO labor union in November and filing a lawsuit against the city for back overtime pay in March.
“I can say this, though, before the lawsuit was filed, if you missed an alarm there was nothing said,” Gandy was quoted saying in a June Daily Journal article. “After the lawsuit, if you miss an alarm you’re written up or terminated.”
The legal question of the hearing was whether Gandy was fired in retaliation for filing suit, and the findings established three written warnings stretching back to February of 2005 for failing to respond to alarms, including a three-day suspension in May of 2008.
The adjudicator’s findings were that Gandy was aware of his responsibility to show up for fire alarms, and was subject to disciplinary action if he failed to do so.
It was also found that Gandy made issues of radio equipment failure after being terminated from the department.
“It is concluded from the competent evidence in the record that the claimant showed a pattern of failing to respond to turn-in alarms, after written warnings and with knowledge of his duties as a fire fighter,” hearing officer Michele Jacobs wrote in her decision. “This pattern over a four-year period was a willful and wanton disregard for the employer’s interest.”
In a June press release from the IAFF, it was alleged Gandy was ordered to take his radio equipment to church with him.
In March, a lawsuit with the 10 unionized city fire fighters was filed claiming they were entitled to back overtime pay related to the city’s policy on turn-in alarms.
It was later said in an interview with Gandy money wasn’t the major motivating factor for the lawsuit, and city fire fighters were fighting against strict control of their actions while off-duty.
“Per the conditions of employment, failure of city employees to be available and ready to work in the case of emergencies is integral,” the findings read. “Also, those not located in the event of a turn-in/call back are subject to disciplinary action.”
State law in North Carolina differs from other states, in that it is an employment-at-will state, where employees can be fired with less legal recourse than in states where practices like collective bargaining by employees of local government.
A union official confirmed collective bargaining for public sector employees in the state is one of the legislative issues it is working toward in a March interview with the Daily Journal.
Union representatives have also accused Rockingham Fire Chief Charles Gardner of retaliating against union firefighters in his department in previous press releases and interviews.
Crump confirmed the city has filled all but one part-paid volunteer fire fighter position with the city fire department at Tuesday night’s city council meeting.
“Today I signed on six new employees at the fire department as part-time firemen,” Crump told the council. “We have 19 of 20 slots available full. That’s the first time in years that’s been accomplished. The new fire fighters are young, several of them are certified, and we have our first female in the group.”
Along with Gandy, IAFF Chapter President Robbie Barber was dismissed from the department for failing to turn-in for fire alarms on May 21 and 22.
Both fired firefighters have been replaced with full-time staff, according to Crump.
The union contended Barber was visiting his mother in the hospital when the calls went out.
Barber also held a part-time job in Fayetteville at the time of the missed alarms.
Crump has contended the dismissals were made “for cause.”
We've conveniently swept the real dirt under the rug. I haven't heard anything else about the threats and behavior by Gardner! I understand legal matters make it difficult for these people to talk about the issue, but some investigative reporting would be nice.
Seriously, we have 743 words telling us "Gandy was denied unemployment benefits", yet not one single investigative report into the alleged behavior of Gardner. I guess threats of a mass shooting by the fire chief aren't newsworthy, but a firefighter being denied unemployment benefits in a fire at will state is a serious matter. NOW THAT IS GREAT JOURNALISM!
And Curious, as you like to call me out, let me clue you in ..... It's "where" are all the comments.... and though, not thou. Furthermore, the only thing this article proves is the lack of investigative reporting and NC is a fire at will state.
I still support the firefighters, in particular, I support their right to work in a non hostile environment!
And Crazy Ivan, I havent heard that one about a re-hired firefighter, would like to know thou. I suspect if it was true, we would have heard from Dana or one of the others that were so vocal about this story up to now.
Anybody got wind of a rumer that one of the fired firefighters was re-hired recently an made an officer in the department? Why was that not reported? Probably not news worthy or not true.