By Chuck Brittain
The Tribune-Review
UNIONTOWN, Pa. — A hearing examiner for the Pennsylvania Labor Relations Board has ordered Uniontown to reinstate Myron Nypaver, who was fired in January 2009 as fire chief and code enforcement officer, and compensate him for lost wages and benefits with interest.
City council demoted Nypaver to assistant fire chief and fired him as code enforcement officer, citing a conflict of interest because Councilman Gary Crozier is Nypaver’s father-in-law. To eliminate the alleged conflict, council removed Crozier from his position as director of public safety and demoted Nypaver.
In a 14-page decision issued last week, hearing examiner Jack E. Marino ruled that the city violated the Pennsylvania Labor Relations Act by demoting Nypaver. The issue came before the labor board after the city’s firefighters’ union, the International Association of Firefighters Local 955, filed an unfair labor practice.
According to labor board documents, Nypaver was promoted to assistant chief in 2004 after serving as a firefighter for 15 years, and he began his position as code enforcement officer in 2002.
Attorney Joshua M. Bloom, who represents Nypaver, said the city would be wise to accept Marino’s decision “and move on with the task of protecting the citizens of Uniontown.”
Uniontown Mayor Ed Fike said Tuesday he disagrees with the decision and will ask council at its meeting next week to appeal.
“When we attended the hearing in Somerset, it was all one-sided,” Fike said. “The labor board seemed to be representing the employee (Nypaver).”
Bloom said the union “is very confident that if the city appeals, this decision will be upheld. The union membership hopes the city spends money on protecting its residents rather than spend thousands of dollars on appeals.”
Bloom estimated Nypaver’s back pay, benefits and interest at about $10,000 per year, “and that’s a low estimate,” he said. He said his client will not make any public comments about the ruling.
In his written decision, Marino described Fike’s testimony at a labor board hearing and said he was “disregarding” it “based on Mayor Fike’s inconsistent testimony, his demeanor on the stand, his evasive and unresponsive answers on cross-examination.”
Fike said the matter originally surfaced after Nypaver received a $10,000 raise without the approval of council.
“I contacted the (state) auditor general’s office and ask them to investigate,” Fike said. “We asked the state police to investigate. As far as I know, it’s still under investigation.”
Fike denied that his actions were vindictive. “This is about conducting business by following proper procedures,” he said.
The city has 20 days in which to appeal.
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