The town could appeal the decision.
MONROE TOWNSHIP, MIDDLESEX COUNTY — A township fire district must pay upwards of $1 million in back pay, benefits and interest to two firefighters who were fired in what has been deemed retaliatory union-busting, according to their union rep.
"The taxpayers in the district get stuck paying the bill for six years of legal bills and pay for something they got no services for," said James Hannon, the president of the union representing Monroe firefighters, after an Appellate Division ruled last week in the union's favor. "There's no winners."
The saga began in early 2010, when, amid a dispute with the three career firefighters, the board of commissioners for Monroe Fire District 1 fired everybody and went to an all-volunteer district. The union had threatened to file an unfair labor practices complaint for not replacing the third firefighter; after their lawyer sent a sternly worded letter, they were all out of a job.
http://www.nj.com/essex/index.ssf/2015/12/embattled_newark_fire_investigator_files_discrimin.html
A hearing officer, the Public Employee Relations Commission and now the appeals court have ruled that the board's contention — that going all-volunteer was a way to save money, and not union retaliation — is incorrect.
The "anti-union animus was a substantial or motivating factor for the termination," the hearing examiner ruled.
A lawyer for the board said they'll file a motion for reconsideration.
"In addition to the fact that the published opinion undermines the ability of public employers to make decisions that save taxpayers money, like using volunteer firefighters when paid firefighters are not needed, the Appellate Division got the facts wrong on a key issue," Jonathan Cohen said in an email. "The Appellate Division stated that Fire District 1 really never saved money in 2010 because it paid $200,000 to Township Fire District 3 to replace the laid off firefighters. This simply isn't true, and there's nothing in the record to support it."
The board must offer the same jobs to Michael Mangeri and David Shapter, who have been out of work for more than five years, the appeals court ruled. They've been out of work since 2010, but they'll get paid for that time, even though they were not able to work.
Hannon puts the tab at more than $1 million, which does not include the district's own legal bills. It's possible the district could appeal to the Supreme Court. The district's budget is only a few million dollars, so the costs will be substantial.
"We're happy with the outcome, but it takes a toll on guys' lives for six years," Hannon said.
Brian Amaral may be reached at bamaral@njadvancemedia.com. Follow him on Twitter @bamaral44. Find NJ.com on Facebook.
