By Jamie Satterfield
The Knoxville News-Sentinel (Tennessee)
MARYVILLE, Tenn. — Two veteran Maryville firefighters are trying this week to convince a federal jury that city officials used a little negative feedback over a fundraising firm’s tactics to do a little union busting.
In their lawsuit, firefighters Michael Doherty and Alan Holmes contend their free speech rights were violated when city officials used disciplinary tactics to allegedly thwart the firefighters’ union in its fundraising efforts.
Doherty was president of the Maryville Firefighters Association, also known as the International Association of Firefighters Local 4053, and Holmes was treasurer when the controversy first arose in 2005.
It began, testimony on Tuesday showed, when then-City Manager Gary Hensley told the pair in an August 2005 meeting that his office had received complaints about fundraising calls being made on behalf of the union by Knoxville firm FireCo.
Among the complaints, Doherty testified, was confusion over whether the fundraising was sponsored by the city and offense over “icebreaker” jokes the FireCo employees used to initiate conversations. Hensley refused to provide proof, Doherty said.
“He was very clear,” Doherty testified. “He said it multiple times - ‘If these calls of complaint and confusion don’t quit coming in to the city, you and Mr. Holmes will be terminated.’ ”
Doherty said he immediately suspended the fundraising campaign, cut from the FireCo “script” the offending “icebreakers” and asked for monthly reports on residents’ feedback. The union also ran an advertisement in the local newspaper making clear the fundraiser was not backed by the city, he said. The feedback was overwhelming positive, he said.
Nearly a year later, current City Manager Greg McClain called another meeting. This time, he was armed with an audiotape that captured a FireCo employee using profanity. Holmes testified that FireCo fired the employee as soon as he notified the firm of the problem.
McClain issued written reprimands that included termination threats against the pair, records showed.
“The only option I had was to stop the fundraising,” Doherty testified.
That, in turn, hurt their efforts to build membership in a union the pair say the city never wanted to be formed.
“We no longer have a high degree of participation we had before,” Holmes said.
The city denies the men’s claims. Attorney Bob Watson sought in cross-examination Tuesday to show both men’s professional careers have continued to prosper despite the reprimands. The trial continues today.
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