PA Labor Board Upholds Ex-Firefighter's Demotion

WILKES-BARRE, PA—The Pennsylvania Labor Relations Board dismissed a challenge by the city firefighters’ union to the demotion of  the demotion of former assistant chief Thomas Makar  the demotion of former assistant chief Thomas Makar nearly three years ago.

The board let stand a Nov. 8, 2018, proposed order and decision by a hearing examiner that said the International Association of Fire Fighters Local 104 of the Wilkes-Barre Fire Department failed to show “anti-union animus” on the part of the city toward Makar.

More than anything Makar, a union president from 1998 to 2012, was responsible for his demotion, the PLRB said in its July 16 order.

Jeremy Cook, vice president of IAFF Local 104, said the union will not appeal the final order.

The city has a 25-year policy that gives the newly elected mayor the opportunity to fill the assistant chief positions, the PLRB said. Makar was appointed to one of the positions in 2004 by former Mayor Tom Leighton.

When Mayor Tony George took office in 2016, he declared the four assistant chief jobs open and Makar was among the the 12 applicants, all union members, interviewed for the positions by a specially formed committee, the PLRB said.

But Makar admitted his resume “was of low quality” and he also did not impress the committee during his interview, the PLRB said. He wore blue jeans, unlike the professional attire worn by other candidates, and the veteran firefighter, who joined the union in 1981, resented having to interview for the job he already had and disparaged the emergency management protocol in use by the department.

Even though Makar posted comments on his Facebook page critical of George and one of his “friends” on the social media site was former City Administrator Ted Wampole, the union did not introduce evidence that Wampole or anyone on the committee saw the posts.

The PLRB further stated the union could not include in its challenge allegations that were not made in the initial charge, namely that the “city’s actions ‘interfered with, restrained or coerced’ other employees from engaging in protected activity.”

The committee retained two assistant chiefs, Bill Murtha and John Ostrum, and offered the two other posts to Robert Suchoski and Damian Lendacky. Suchoski decided to remain as fire inspector and the committee offered the fourth spot to Ed Snarski, an assistant chief.

Makar was demoted on Aug. 1, 2016, to captain. He retired from the department in February 2018.

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