ROCKINGHAM — The union representing the town’s employees has taken exception to a Selectboard member’s public criticism of several workers this winter, threatening legal action against the town if such actions continue.
Bert Russo, New Hampshire and Vermont business agent for the International Union of Operating Engineers Local 98, cited recent “offensive” statements by Selectboard member Ann DiBernardo and asked for a formal apology on behalf of town employees.
DiBernardo’s statements appeared in the March issue of The Commons in a story covering what turned out to be the temporary termination of Finance Director John O’Connor.
In an interview with reporter Allison Teague, DiBernardo charged that “a town employee was trying to stir the pot” by revealing O’Connor’s termination to the Brattleboro Reformer and the Rutland Herald.
“It sounds like there are some really dysfunctional people in Town Hall,” DiBernardo said at the time. “If we are to go forward at all, we need employees who are professional. Whoever she is should be terminated.”
The trade union, which represents engineers, health industry workers, and public employees, has a collective bargaining agreement with Rockingham town employees, with a contract that covers working conditions, pay, and hours.
The union represents approximately 25 employees in the administration offices, water, sewer, and highway departments.
Russo read an April 6 letter from Charles E. Blitman of Blitman & King, attorneys for Local 98.
“Your statements to the extent they reflect upon the bargaining unit were in poor judgment and generate poor labor relations,” Blitman wrote. “This letter is to serve notice on you of your actions and should they continue, the bargaining unit will have no alternative but to undertake the appropriate efforts to protect themselves.”
The union could take legal action to protect themselves if needed, in the form of a civil lawsuit.
Apology standoff
“I don’t think I used the word ‘dysfunctional’,” DiBernardo responded after Russo read Blitman’s letter.
DiBernardo, who later told The Commons that the original reporting had been correct, stood by the rest of her comments at the board meeting.
“There were some issues in the town not related to the incident with the financial director. There was a problem with information being leaked from the town hall to private individuals and to the press,” she said.
Russo countered that DiBernardo was referring to the people he represents.
“I’m not going to apologize for something I feel was accurate,” she said.
Russo warned DiBernardo that she and the board would probably hear from Local 98’s attorney.
Interim Town Manager Francis “Dutch” Walsh and Selectboard Chair Thomas MacPhee tried to mediate.
Walsh said officials needed to talk to the newspaper to get “more accuracy” regarding the March article, but neither Rockingham nor Bellows Falls officials contacted The Commons either after the original story or following the complaint from Russo.
MacPhee suggested he, Walsh, DiBernardo, and Russo meet the following day to discuss the matter. All four agreed.
DiBernardo said to Russo, “I would like to talk to you. There’s always stuff you can’t say in public.”
“This was not in reference to all the employees,” she added. “I view most of the employees in the town hall as very professional, and I think most of them know that.”
DiBernardo described the union as “kind of like all-for-one-and-one-for-all. If you make a comment about one person and one thing that’s going on, I don’t know why they all feel—”
Russo cut DiBernardo off, saying, “If there was a problem with an employee, I would stand behind you and whatever you had to do to that person to straighten it out.”
But, he said, “In reaction to your comment, I would protect them. That’s why this letter is here.”
After Russo finished, resident Mary Barber commented that “it might behoove all the officials and all the administrators to be very cautious of what is said to the media.”
“It’s not always accurate what appears in the press,” MacPhee responded.
“Which is why it’s probably a good reason not to talk at all about issues that can be sensitive,” Barber said.
“We can’t do that either,” MacPhee said.
‘Things will improve’
Reached on April 29, the key players reflected on the letter, the exchange, and the interactions between town officials or employees and the local media.
MacPhee described Barber’s suggestion as “inappropriate.”
“Town officials should be talking to the press,” MacPhee said, characterizing most of the reporting in the local newspapers as correct.
For her part, DiBernardo said she doesn’t anticipate any lawsuits from the union.
According to DiBernardo, the town attorney feels she could have been talking about any town employee — like the town manager — so the union does not have a case.
“I think things will improve. If other people do their jobs, things will improve,” she said.
Though Russo characterized labor relations with the town and the union employees as good, he said employees have had issues with DiBernardo before when she accused employees of using town equipment for personal use and damaging it in the process.
That dispute ended when DiBernardo retracted her accusations, Russo said.
“Hopefully she’ll mend her ways,” he said.
Walsh confirmed that he, MacPhee, DiBernardo, and Russo spoke briefly the following day.
He said the union’s letter has been sent to the town attorney and that “the matter is pending.”
He declined further comment.