Super Bad: DEP Manager Guilty Of 2nd Vendetta; BCB Finds Retaliation Again is Linked To Anti-Union Bias

By REUVEN BLAU

In a second decision finding anti-labor bias against the same Department of Environmental Protection Superintendent, the Board of Collective Bargaining ruled that he went out of his way to file disciplinary charges against a union shop steward subordinate who testified on behalf of a colleague at a prior disciplinary hearing.

The Chief-Leader/Adrienne Haywood-James RETALIATION VICTIM: Randolph Francis became the target of anti-union retaliation by a Department of Environmental Protection Superintendent with a history of such improprieties, the Board of Collective Bargaining found.

Construction Laborer Randolph Francis initially had a friendly relationship with his supervisor, Robert West. But everything changed after Mr. Francis - a union shop steward - helped a probationary Construction Laborer whom Brooklyn Superintendent Louis DiMeglia fired in retaliation for seeking help from his union in a dispute over vacation time.

'Anti-Union Animus'

In that case, the Board ruled that Mr. DiMeglia's overall unsatisfactory performance review of Apprentice Construction Laborer Frank Puglisi "was motivated by retaliatory animus ... arising only after his recourse to the union for aid."

Shortly after that decision in April 2006, Mr. Francis said that Mr. West began to stifle his attempts to discuss working conditions and union matters with members by constantly assigning him to different areas under the false pretense of an emergency.

The incident at issue occurred on June 25, 2006, after two workers came to Mr. Francis with a complaint about having to clean more sewers. As he was discussing the issue with them, Mr. West interrupted and told the two men to move on, according to Mr. Francis.

Following the order, Mr. Francis went to move his truck to a fueling station, but accidentally hit a pole in the yard.

Claimed He Was Cursed

Mr. West testified that he heard the noise and came to investigate what happened, at which point the two men got into "a little heated discussion." According to Mr. West, Mr. Francis complained he was constantly being followed and obstructed and began cursing at him.

Mr. Francis denied using coarse language and said that he merely told Mr. West that there was no damage to the truck.

The matter escalated when Mr. West filed disciplinary charges against Mr. Francis for failing to properly report an accident and for insubordination after discussing the matter with his boss, Mr. DiMeglia, who literally took the complaint to the department's central office and discussed the incident with DEP's disciplinary counsel.

The unanimous 25-page decision pointed out that Mr. DiMeglia was not Mr. Francis's direct supervisor and should never have signed the disciplinary report himself under normal circumstances.

Evidence of Retaliation

"We find that it simply is not credible that, without inquiring further, a supervisor of DiMeglia's ranking would 'do whatever [he] had to do' to support disciplinary action which could result in a five-day suspension without pay of a longtime employee, particularly one holding a role in departmental labor relations that was not insignificant," the Board ruled.

The Board ruled that Mr. DiMeglia retaliated against Mr. Francis and dismissed the resulting 5-day suspension.

Stuart Lichten, the lawyer who represented Mr. Francis, noted that there have been several other recent similar rulings in favor of workers and Laborers Local 376 of District Council 37 officials treated unfairly by DEP management.

A DEP spokesman did not return a call seeking comment.

Thomas Kattou, Local 376's treasurer and grievance representative, hailed the BCB's decision. "We are not going to tolerate any retaliation against our members when we exercise our union rights," he asserted.