Member of the reality-based community of progressive (not anonymous) Massachusetts blogs
As Lynne mentioned, we have been busy and not had much opportunity to blog. For the next day or so, I will be playing catch up.
In case you did not notice, Channel 7 (WHDH TV) was in town this week to report on Ernest “Sandy” Ames, the recently dismmissed City Plumbing and Gas Inspector. The 3 minute report, which was broadcast yesterday, is available as a video on their web site along with an accompanying story.
The video features pictures taken by investigators showing Mr. Ames in a number of places in and around the City during his work hours. There is also a brief interview with City Manager Bernie Lynch.
The accompanying story on the television station’s web site mentions that Ames “appealed his termination, but then withdrew his appeal just hours before his scheduled hearing Tuesday.”
I was a bit surprised at that move. I was under the impression that unions automatically appeal any and all disciplinary actions. I guess I was wrong.
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September 17th, 2009 at 8:56 pm
Thanks Mimi. I thought the only photo was of Ames sleeping. Obviously, the City did its job in building a strong case that documented his activity, or non-activity. I’m still furious that he was doing work for Kazanjian on my dime. What a fraud he is! Looking out for the taxpayer, HAH!
Good job to Channel 7 in getting these pictures from the City.
September 17th, 2009 at 9:09 pm
The union will usually appeal, and did in this case but Sleepy Ames waived his right to a hearing so the appeal is dead.
I say usually because in the case of the transgender MBTA worker that was texting his girlfriend the union did not appeal or provide any protection at all. Couldn’t be because he was transgendered now could it?
Sleepy Ames gave up his job with the city, wanna bet his status as previously “unpaid” at Kazanjian Enterprises changes?
September 17th, 2009 at 9:43 pm
Do we really believe he was unpaid?
Does the Lowell Sun have the pictures that channel 7 showed?
September 18th, 2009 at 6:50 am
I wonder what kind of pressure was placed on Mr Ames to withdraw his appeal? Could someone have worried that even more damaging information might be disclosed?
September 18th, 2009 at 7:35 am
I wasn’t really surprised at the withdrawal of the appeal,… I don’t think any appeal has a good leg to stand on anyway and asking for it in the first place was probably just an opportunistic effort to keep options open if anything developed, which is just good lawyering.
September 18th, 2009 at 2:22 pm
@Huh: I hope not… But I do think so.
September 18th, 2009 at 4:17 pm
The union will file an appeal/grievance if there is cause or a contract requirement and the person involved requests one, in that case it is obligatory, legally the union has no choice but to represent a dues paying member. The union will also file an appeal/grievance if the case sets a precedent of some kind that will affect all members going forward. The union primarily would want to make sure the city followed their contract and gave due process before terminating.
Its not automatic per se, but if the member wants representation the union has to provide it, whether the union wants to or not. At what point Ames chose to involve his union rep in this process is not clear to me. I highly doubt they wanted to spend any union money on lawyers fighting this battle which they were clearly on the wrong side of AND going to lose. Given the significant cause documented by the city for the termination, there wasn’t going to be any precedent set or protection for the fired party. It looks to me like the i’s were dotted and t’s crossed by the city through the whole investigation process. There is no union contract protection for what this man was accused of. Even being entitled to an appeal hearing doesn’t mean you’re getting your job back. As Mr. Lynne said, it was just about keeping options open as a formality.