Connecticut Local President Promotion Still Pending

March 10, 2009 – The Connecticut State Board of Labor Relations has ruled that the City of New Britain violated the state’s Municipal Employee Relations Act (MERA) when it failed to promote New Britain Local 992 President Ed Preece. Consequently, the board is requiring that the City immediately promote Preece to lieutenant and award back pay for the position.

In the meantime, the City is exercising its right to appeal. “Because the City is fighting the board’s ruling, I have not been promoted yet,” says Preece. “However, because of the language in MERA, we are hopeful that the Connecticut Superior Court will uphold the Board of Labor Relations’ decision.”

Tension between Local 992 and fire department management began after Mark Carr was appointed fire chief in 2004. Among other things, Chief Carr took little action regarding safety concerns raised by fire fighters in 2005.

Also in 2005, Chief Carr twice proposed (in June and November) a new performance evaluation system and sent a draft to Local 992. The local’s executive board and membership, both times, did not support the new system.

“The main issue is that we already have a method of evaluation in place through the City’s civil service system,” says Preece. “Per the rules of civil service, any changes have to be made through the negotiation process. Carr did not want to negotiate.”

On January 1, 2006, a vacancy for lieutenant became available. Under the City’s civil service rules, candidates are to be promoted from a “list of five plus three,” i.e., a list of the top five candidates on the written exam, plus three candidates who are residents of New Britain.

After the City failed to internally announce the vacancy or conduct the written promotional examination, Local 992 filed a grievance in May 2006 and won in arbitration in April 2007.

After the promotional exam was finally conducted in spring 2007, Preece – a 13-year veteran fire fighter – ranked first out of the 15 fire fighters who passed the written exam. Still, Preece did not get the promotion.

Preece was also passed over for the five other lieutenant vacancies. Chief Carr said it was because the Local 992 president was not specific enough in his answers to interview questions and that he was not knowledgeable enough about health and safety.

The case went in front of the Connecticut State Board of Labor Relations in December 2008. After hearing evidence from both sides, the board ruled, “We find that the City discriminated against Preece in the promotional process for his union activities.” The board noted that Carr made his negative feelings about the union well-known, even saying that the union needs new leadership.

Further, the board ruled that Preece be promoted immediately to lieutenant and awarded back pay for the position.

The City has appealed the decision to Connecticut Superior Court. No court date has been set.