Rockingham Chief Threatens Violence Against Fire Fighters 

April 30, 2009 – Rockingham, North Carolina Fire Chief Charles Gardner has suspended two Rockingham Local 4702 fire fighters and fired another after Local 4702 filed a lawsuit against the city for unlawfully withholding overtime pay from the city’s first responders.

“Chief Gardner’s pattern of abusive behavior is in retaliation for the decision by Rockingham fire fighters to form a union," says IAFF 12th District Vice President Larry Osborne. "Forming a union is a legally protected right in our country."

Ten members of the Rockingham Fire Department formed Rockingham Local 4702 on October 1, 2008. On March 13, 2009, IAFF general counsel filed a lawsuit in the federal district court for the Middle District of North Carolina. The suit seeks overtime compensation unlawfully withheld from the fire fighters. Withholding overtime pay violates the Fair Labor Standards Act (FLSA). All 10 members of Local 4702 are named as plaintiffs in the lawsuit.

“Chief Gardner has little regard for the law or the civil rights of fire fighters in the union," says David Anders, president of the Professional Fire Fighters and Paramedics of North Carolina. "Chief Gardner’s tyrannical behavior is un-American, and it’s time to shed light on his illegal actions.”

Since the lawsuit was filed and the chief learned of the existence of Local 4702 and the names of those in the union, every union officer and a majority of the union members have been unfairly singled out for retaliatory discipline.

• On March 24, the chief issued a written reprimand to Local 4702 member Mike Meginnis for allegedly being “disrespectful” to Captain Vic McCaskill.
• On April 6, the chief suspended Local 4702 Vice President Mike Williams for a week (a total of three 24-hr shifts) for allegedly asking a non-union fire fighter to join the union while at a fire station.
• On April 21, Local 4702 members Troy Sorrell, Gus Bellamy and Chuck Bowden left separate family gatherings to report to the station following a turn-in alarm, which requires fire fighters to respond to the fire station or the scene of a fire, depending on the chief’s orders, if they are needed to assist in fire fighting. Even though the chief said over the radio after the initial turn-in alarm that additional personnel were not needed at the scene of the fire in question, he suspended each of these three fire fighters for one-day and refused to compensate them for responding to the station.
• Fire fighter Mike Meginnis was disciplined for failing to report to a turn-in alarm that occurred while he was being examined by a doctor. His pending suspension was dropped only after he submitted a note from a doctor.
• On April 24, Local 4702 President Robbie Barber was suspended for a week (three 24-hour shifts) and Treasurer Rodney Gandy was terminated, each for allegedly failing to respond to a turn-in alarm while off duty. Gandy was told by the chief that he was required to bring his radio into church with him. Gandy was also told that he could not take his wife to dinner anywhere more than 45 minutes from Rockingham because he needed to remain available to respond at any time for a turn-in alarm.
• On April 26, McKinnon was suspended for a week (three 24-hour shift days) for failing to respond to a turn-in alarm.

Since the lawsuit was filed, Chief Gardner has denied the use of earned vacation leave and canceled vacation leave that had already been approved and scheduled. He has failed to pay fire fighters for responding to off-duty turn-in alarms, even though they are entitled to receive pay when they respond.

The department’s two non-union fire fighters have not been disciplined since the lawsuit was filed and reportedly have been offered double compensation by the chief to cover the shifts of the Local 4702 fire fighters he has suspended.

Chief Gardner also has a violent, well-documented past.

An October 9, 2008, Richmond County Daily Journal story entitled, “Case Against City Inspector Dismissed,” detailed an assault charge brought by a contractor against Chief Gardner, who at the time was serving as a building inspector for the city. According to the article, Gardner “hit him in the face three times, broke his glasses and caused his nose to bleed, requiring medical attention.” Earlier this year, fire fighters Robbie Barber, Richard O’Neil and Mike Williams heard Chief Gardner say, “if the city fires me, I will come back to the fire department, shoot everyone and then go to the city hall and pick them off one by one, like ducks.”

"Chief Gardner is a classic bully and incapable of serving in a management capacity," says Anders. "In light of his history and overt threats, it is incumbent on the city of Rockingham to step in and keep its fire fighters safe from the chief who was sworn to protect them. Chief Gardner’s disregard for the law and lack of common decency make it clear that he needs to be reined in before he breaks the law again or harms innocent people.”