By Margo Rutledge Kissell and Doug Page
The Dayton Daily News
BUTLER TWP., OHIO — An administrative judge’s decision on the firing of two Butler Twp. firefighters hinged on the timing and severity of the punishment.
Of the 10 firefighters accused of viewing or downloading inappropriate material, union leaders Angela Rice and Richard Nihizer were the only fulltime employees fired.
Judge Beth Jewell noted any misdeeds by the two were minor compared to others involved who were given suspensions. Jewell also took note that the firings came 10 days before the township and the union were to meet to iron out a contract. “Circumstantial evidence infers discriminatory motives and thus antiunion animus,” she wrote after reviewing testimony this summer.
The State Employment Relations Board voted 3-0 Thursday, Oct. 29, to uphold Jewell’s decision to reinstate Rice and Nihizer.
The three-member board administers Ohio’s collective bargaining law for public employees. Its duties include investigating unfair labor practice complaints.
“It’s a huge step,” Nihizer said. “We would love to see the township accept that decision, but we’ve seen too many appeals in the past to think this is over.”
Three firefighters — Nihizer, Rice and part-time firefighter Ralph Bowman — were fired. Three others were suspended without pay — Lt. Brian Sowers and firefighter Jim Petry for 10 days, and firefighter John Wilt for six days.
Four others — Lt. Andrew Ehrhart and firefighters Warren Edmondson, Jason Holfinger and Ryan Havenar — resigned prior to disciplinary hearings.
Jewell pointed out that Sowers was given a 10-day suspension despite having viewed inappropriate material, allowed subordinates to view the material and then twice was dishonest in interviews.
Jewell noted that Sowers had dropped out of the union.
“The record compels the conclusion that (Rice’s and Nihizer’s union) activities were, at a minimum, a substantial part of the (township’s) motive to discharge them,” she wrote.
In addition, the judge pointed out the township had no policy on computer use nor any prohibition against the use of employees’ personal computers while on duty.
The judge also wrote there was no evidence presented that Rice intentionally viewed any inappropriate material. The judge concluded the images seen by Nihizer, which were viewed by the judge, were not pornographic.
Copyright 2009 Dayton Newspapers, Inc.