Reno/Tahoe Police Sergeants Win Appeal
By Michael Langton and Sgt. Barry Roseman
On January 3, 2002, a Carson City, Nevada District
Court denied a petition for judicial review filed by the Airport
Authority of Washoe County (AAWC) regarding the termination of two
police sergeants. District Court Judge Mike Griffin ruled the decision
of the Employee Management Relations Board (EMRB), issued in January
2001, was made upon substantial evidence and not in violation of the law
as the AAWC contended. This article is a follow-up to an article written
in PORAC Law Enforcement News in the March 2001 issue.
In September 1998, all three sergeants petitioned the
AAWC for recognition of the Reno/Tahoe Airport Police Supervisors
Association (R/TAPSA) as the exclusive bargaining representative. The
sergeants wanted this recognition in order to have membership in PORAN
and the protection of the Legal Defense Fund. During the petition
meeting in November 1998, several comments were made by airport trustees
expressing their unhappiness over this supervisory association forming.
One trustee commented, "There’s a price to pay when employees
choose to unionize instead of working with management."
Nevertheless, the sergeants’ association was given recognition and the
association demanded that negotiations begin immediately. The sergeants
thought their offer to adopt the agreement of the police officers would
be accepted, as no money issues would be involved. However, the AAWC
refused to meet for negotiations, dodging all demands to do so. Then, on
December 31, 1998, and before contract negotiations began, the
association's president and co-author of this article, Barry Roseman,
and vice-president, Frank Fowler, were anonymously accused of cheating
on their timecards. It was later determined that the third sergeant has
made the anonymous complaint and had unwittingly submitted the complaint
before the event even occurred.
Although the sergeants had been told they were doing
a good job and had excellent performance reviews, they were not advised
about or asked about the accusation. Instead, the AAWC requested an
investigation be conducted by an outside agency, the Nevada Division of
Investigation (NDI). In the meantime, the AAWC had continued to stall
negotiations for a contract, despite repeated demands to begin them. The
investigation began in March, when Roseman and Fowler were finally given
notice of the allegation. Per Nevada's Peace Officers' Bill of Rights,
notice was given to both sergeants, stating the investigation would only
concern the alleged mismarked timecards. Both sergeants were interviewed
concerning the timecard issues only. However, even though the NDI
investigator found the timecard charges unsubstantiated, he went well
beyond that charge and "found" the pair had committed numerous
uncharged allegations. Neither sergeant had been questioned about, nor
informed of the other "allegations", and until receiving a
copy of the investigative findings in June 1999, were unaware the
charges even existed. At the pretermination "hearing", their
attorney objected to the uncharged violations being used as a basis for
discipline and demanded the AAWC comply with the Peace Officers' Bill of
Rights. Not to be bound by "silly" law, the AAWC proceeded to
terminate both sergeants and then refused to negotiate with the
association, claiming one had to be an employee of the AAWC before
negotiations could begin (The AAWC also claimed the third sergeant had
not designated the president or vice-president as his representative).
An unfair labor practice complaint was filed with the EMRB, alleging bad
faith by the airport in refusing to negotiate and claiming the
discharges were pre-textual and calculated to dissuade the formation of
the supervisors' association.
On January 30, 2001, the EMRB issued its decision,
finding in favor of the association on all allegations and ordered
sergeants Roseman and Fowler be reinstated with full back pay and
benefits, including interest and attorney's fees. The board also ordered
the airport executive director, who had approved the discharges, to sign
and post a letter acknowledging that the sergeants were terminated
unlawfully, and that the airport would cease committing prohibited
practices against R/TAPSA. The airport refused to do so, and appealed
the EMRB's decision, which Judge Griffin upheld on January 3, 2002.
Hopefully, the AAWC will see the light and abide by the board's order.
Both sergeants look forward to returning to work and
continuing their careers. Roseman currently has 22 years law enforcement
experience; Fowler has 19 ½ years. Roseman stated, "It’s amazing
how your life is going along great and all of a sudden you step on
someone’s toes and things change in a big hurry. If we hadn’t joined
PORAN/LDF before we were fired, I would have had a decision to make
regarding fighting this unlawful termination or just living with it.
Thankfully, PORAN helped by assigning us a top Reno personnel law
attorney, Michael Langton. They were there during the entire process.
Again, thanks PORAN/LDF for being there."
LDF Home Page | News
Article Index
