Firefighters Reinstated After “Improper” Firing

TWO FIREFIGHTERS IN MONTGOMERY COUNTY, OHIO, have been given their jobs back after the State Employment Relations Board agreed with an administrative law judge that they had been improperly fired.

The two Butler Township firefighters, Angela Rice and Richard Nihizer were discharged in January, 2008, after being accused of “watching inappropriate material” on the fire station’s computers. Altogether, ten firefighters were disciplined for supposedly looking at indecent websites, but Rice and Nihizer were the only full-time firefighters charged. A third FF who was a part-time employee was also fired while four more FF’s were suspended without pay for 10 days or less. Four more part-timers resigned prior to disciplinary hearings.

The judge agreed with Rice and Nihizer that the firings were really retaliatory actions against their union organizing activities. The Dayton Daily News relates:

Judge Beth Jewell noted any misdeeds by the two were minor compared to others involved who were given suspensions. Jewell also took note that the firings came 10 days before the township and the union were to meet to iron out a contract. “Circumstantial evidence infers discriminatory motives and thus anti-union animus,” she wrote after reviewing testimony this summer.

“The record compels the conclusion that (Rice’s and Nihizer’s union) activities were, at a minimum, a substantial part of the (township’s) motive to discharge them,” she wrote.

In addition, the judge pointed out the township had no policy on computer use nor any prohibition against the use of employees’ personal computers while on duty.

The judge also wrote there was no evidence presented that Rice intentionally viewed any inappropriate material. The judge concluded the images seen by Nihizer, which were viewed by the judge, were not pornographic.

WDTN-TV Ch. 2 has a video report on the decision:

The Board also ordered that all back pay and benefits are to be restored to the pair.

Read the full story in the Daily News HERE.