Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Hearing Examiner Decision (Secondary Boycott)

Hearing Examiner Decision (Secondary Boycott)

Ratings: (0)|Views: 3,261 |Likes:
Published by Public Opinion
IAFF Local 1813 v. Chambersburg borough
IAFF Local 1813 v. Chambersburg borough

More info:

Categories:Business/Law
Published by: Public Opinion on Feb 04, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/04/2013

pdf

text

original

 
(1MoNwlAI:rH
C
ENNLYLVAN
LA
Pennsyl’iinia
Labor
Polat
ions
Board
C11J\MBERSBt)PC
F3ORCHJGH
Crsse
lb.
PF-Cl1174--E
INTEPHATIOIJALASSUOCIAT
IONOF
FIRE
FIGHTERS,
LOCAL
1813
PROPOSED
DECISION
AND
ORDER
On
December
23,2011,
Charnbersburg
Borough(Borough)
filed
a
charge
of
untair
labor
practices
withthe
Pennsylvania
Labor
Relations
Board
(Board)
against
the
International
Association
of
Fire
Fighters,
Local
1813
(Union
or
Local),
allegingthat
the
Union
violated
Sections
6(2)
(d)
and
Ce)
of
thePennsylvania
Labor
Relations
Act
(PLRA)
as
readin
pan
matera
with
Act
lii
of
1968.
On
February
13,
2012,
the
Secretary
of
the
Board
notified
the
parties
that
she
declined
to
issue
a
Complaint
and
Notice
ofHearing
becausethe
Borough’s
specification
of
charges
failed
to
state
a
causeof
action
under
Sections
6(1)
(d)
and(e)
of
the
PLRA.
On
March5,
2012,
the
Borough
filed
exceptions
to
the
Secretary’sdecision
not
to
issue
a
complaint.
On
March
20,
2012,
the
Board
remanded
the
matter
tothe
Secretary
with
the
direction
toissue
a
complaint.
On
April
16,
2012,
the
Secretary
of
the
Board
issued
a
Complaint
and
Notice
ofHearing
in
which
June
18,2012
inHarrisburg
was
assigned
as
the
time
and
place
of
hearing.
The
hearing
was
held
as
scheduled
and
consolidatedfor
hearingwith
Case
No.
PFC--l2-40—E,a
charge
filed
by
the
International
Association
of
Fire
Fighters,
Local
1813
against
the
Borough.
The
hearing
was
held
as
scheduled
at
which
time
all
parties
were
afforded
an
opportunity
to
present
testimony,
cross
examine
witnesses
and
introduce
documentary
evidence.
The
examiner,
on
the
basis
of
thetestimony
presented
at
the
hearing
and
from
all
othermatters
and
documents
of
record,
makes
the
following:
FINDINGS
OF
FACT
1.
The
International
Association
of
Firefighters
Local
1813
is
a
labororganization
under
Act111.
It
is
also
an
affiliate
organization
of
the
International
Association
of
Firefighters.
(N.T.
13—14,
Joint
Stipulation
1)
 
2
.
Ih
FoziI
pr
3ents
a
bargain
incj
unit
o
E
all
fulltime
paid
fir
ightrs
employed
by
the
Fire
Department
(“Department”)ofthe
i3orouqh.(H.T.
131
1,
Joint
Stipulation
2)
3.
There
are
currently
twentyone(2 1)
bargaining
unit
members.
(N.
T.
13-44,
JointStipulation
3)
1.
The
Borough
is
a
public
employer
under
Act111.
(N.T.
1314,
Joint
Stipulation
4
5.
The
Local
and
the
Borough
are
parties
to
a
collective
bargaining
agreement
(“CBA)
whose
effective
datesare
January
3,
2007
throughthe
first
full
pay
period
of
January,
2012.
(N.T.
13—14,
Joint
Stipulation
5)
6.The
parties
are
currently
involvedin
an
interestarbitration
proceeding
under
Act
111
tosecure
a
successor
agreement.
(N.T.
1314,
JointStipulation
6>
7.
Patrick
Martin
is
a
fifteen
(15)
year
full—time
paid
firefighter
for
the
Boroughand
holdsthe
position
of
shift
captain
inthe
Borough
Fire
Department.
He
also
is
the
elected
President
of
theLocal.
(N.T.
1314,
JointStipulation
7)
8.
Scott
McNew
is
the
current
elected
Vice
President
of
the
local,
and
a
bargaining
unit
employee.
(N.T.
43,96,264)9.
The
Department
provides
a
host
of
emergency
services,
includingbasic
life
support
services
and
fire
suppression,forthe
Borough
through
its
full-time
paid
firefighters
represented
by
theLocal.
(N.T.
1314,
JointStipulation
8)
10.
Volunteer
firefighters
who
volunteer
their
servicesat
one
of
four
volunteer
fire
companies
also
provide
some
of
those
services.
(N.T.
1314,
JointStipulation
9)
11.
The
Curaberland
Valley
Hose
CompanyNo.
5,
the
Goodwill
Fire
Company
No.
3,
the
Junior
Hose
Truck
CompanyNo.
2,
and
theFranklinFire
Company
No.
4
are
volunteer
membership
organizations.
(N.T.
1314,
JointStipulation
10>
12.
Volunteer
firefighters
of
the
Cumberland
Valley
HoseCompany
No.
5,
the
Goodwill
Fire
CompanyNo.3,
theJunior
Hose
Truck
Company
No.
2,
and
the
FranklinFire
Company
No.
4
are
not
paid
employees
of
the
Department.
(N.T.
13-14,
JointStipulation
11)
13.
The
FranklinFire
Company
entered
into
a
MutualAid
Agreement
with
the
Borough.
The
FranklinFire
Company
is
housed
in
its
own
buildinglocated
within
the
Boroughand
owns
and
operates
its
own
fire
apparatus
equipment.
(N.T.
1314,
JointStipulation
12,
Joint
Exhibit
A)
14.
The
Cuxnberland
Valley
Hose
CompanyNo.
5,
the
Goodwill
Fire
Company
No.
3,
and
theJunior
Hose
Truck
CompanyNo.
2
have
not
entered
into
Mutual
Aid
Agreements
with
the
Borough.
Thesecompanies
are
housed
in
Boroughowned
stations
located
in
the
Borough.
These
2
 
omponi
esut
it
I
theBorough
ownecl
tire
apparatus
egu
ipmerit
.
(N.
T
.
1
3
14,
Joint
7tipulstion
13)
15.
The
Franklin
Fire
Company
has
approximately
74
active
volunteers
who
provide
volunteer
tire
services.
Of
those,
24
are
members
of
the
IAFF.
Fourteen
volunteers
respond
to
calls
in
the
Borough.
Twelve
(12)
of
these
14
are
IAFF
members,
(N.T.
109,129)
16.
The
Cumberland
Valley
HoseCompany
has
only
one
(1)
active
volunteer
who
providesvolunteer
fire
services.
That
one
volunteerIs
riot
a
member
of
the
IAFF.
(N.T.
157—158,
Union
Exhibit
4)
17.
The
Goodwill
Fire
Company
No.
3
has
six
(6)
active
volunteers
who
provide
volunteer
fire
services.
None
ofthe
active
volunteersat
this
company
are
members
of
the
IAFF.
(N.T.
163-164,
Union
Exhibit
4)
18.
The
Junior
Hose
Truck
CompanyNo.
2
has
four
(4)
active
volunteers
who
provide
volunteer
fire
services.
None
of
the
activevolunteers
at
this
fire
company
are
members
of
the
IAFF.
(N.T.
152,Union
Exhibit
4)
19.
Volunteer
firefighters
of
the
Cumberland
Valley
Hose
CompanyNo.
5,
the
Goodwill
Fire
Company
No.
3,
theJunior
Hose
Truck
Company
No.
2
and
the
FranklinFire
Company
No.
4
are
not
paid
employes
of
thosevolunteer
tire
companies
for
which
they
provide
volunteer
fire
services.
(N.T.
11,
150,156,
161,
205,Union
Exhibit
6)
20.
None
ofthose
four
volunteer
fire
companies
haveany
paid
employes.
(N.T.150,156,161,205,Union
Exhibit
6)
21.
A
person
who
wishes
to
becomean
active
volunteer
of
the
Cumberland
Valley
Hose
Company
No.
5,
the
Goodwill
Fire
Company
No.
3,
theJunior
Hose
Truck
Company
No.
2
must
fill
out
an
application
with
the
Borough
of
Chambersburg.
(N.T.
284,Borough
Exhibit
16)
22.
A
person
who
wishes
to
becomean
active
volunteer
of
the
Franklin
Fire
Company
must
fill
out
an
application
with
that
volunteer
fire
company.
(N.T.
284,
Borough
Exhibit
16)
23.
Each
ofthe
four
volunteer
fire
companies,
not
the
Borough,
decides
who
can
become
a
member
of
their
respective
volunteer
fire
company.
(N.T.149,156,160,
203)
24.
Themembers
of
each
of
thefour
volunteer
fire
companies
elect
the
officers
of
their
respectivevolunteer
fire
company.(N.T.
149,
156,
160,203)
25.
One
does
not
need
to
be
an
IAFFmember
inorder
to
volunteer
for
one
ofthe
volunteer
fire
companies
which
provide
volunteer
firefighting
services
tothe
Borough.
(N.T.
132,
150,
146,
160)
26.
Volunteer
firefighters
of
the
Cuinberland
Valley
Hose
Company
No.
5,
the
Goodwill
Fire
Company
No.
3,
theJunior
Hose
Truck
Company
No.
2
and
the
FranklinFire
CompanyNo.
4
may
choose
not
to
provide
volunteer
fire
services
for
any
reasonor
no
reason
at
all.
(N.T.
56,
95)
3

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->