An Open Letter to members of the Local 385 Omaha Firefighters Union

January 12, 2012

Dear Omaha Firefighters,

I want to write to you personally to share a few very important thoughts about the condition and the position your union finds itself in today.

As you know, I have been very outspoken about what I believe has been major wrongdoing within both the firefighters union and the fire department. It appears that the wrongs were committed by a very small group of leaders who have found their way into positions of power and leadership.  Much of the wrongdoing, I believe, has been targeted toward the faithful, honest and hardworking firefighters who have avoided becoming close with these leaders and therefore have found themselves “black balled” and “passed over” in favor of others who were willing to turn a blind eye to the harmful agenda that has damaged both the firefighters and the city.

Our organization decided to commission an investigation into all the things we were hearing, and in that effort discovered material you have seen us produce over the past few years. Now that much of this has come to light, I have been told union leaders and their attorney have decided to go on a “witch hunt” attacking those they allege spoke either to me or our investigators. This witch hunt has led them into great error and the harming of innocent individual firefighters.

An example of this is the attack against John Strawn. I met John through the Republican Party and had the opportunity to speak with him personally. I spoke with John about the investigation that took place during the Daub administration regarding misuse of union hours and failure to comply with the labor agreement. The issues during the Daub administration involved proper classification and documentation of union activity, similar to the issues we uncovered that the State Auditor confirmed.

John simply verified for me that both he and Mike McDonnell were investigated during the Daub administration for not properly accounting for their union hours, and that they were almost fired as a result. John did not have specific knowledge of Steve LeClair’s activities, because he was retired and not around when LeClair became president. We were trying to determine how widespread the misuse of union hours had been during past years, and John confirmed there indeed had been a problem during the Daub years and that Mr. McDonnell had been instructed to stop ignoring proper accounting procedures and comply with the labor agreement.

In the lawsuit filed against me, I disclosed that I had been informed Mike McDonnell was assigned to the Bureau when he became fire union president, but that some had said he did not show up for work at the Bureau and that this practice continued when Steve LeClair became fire union president. I also stated that, to the best of my knowledge and belief, this information was confirmed by John Strawn and three other individuals. After conferring with John Strawn, I now believe, although John might have been present when the subject of Steve LeClair had been discussed, John Strawn did not provide information specifically about LeClair, because he was not around while LeClair was president.

Even if John Strawn had provided the information about Steve LeClair being at the union hall on a daily basis, it would be silly to seek retribution from him, because the information was absolutely true and well-known to many. Steve LeClair and his superiors readily admitted during the lawsuit that LeClair worked at the union hall on a daily basis and not the Bureau, confirming exactly what I had been told. The issue of LeClair not showing up at the Bureau was not a focus of ours, considering all of the other things we were uncovering, until I read in the Auditor’s letter that he reported only six hours of union leave. I thought he was caught red-handed, because it was well-known that he was at the union hall on a daily basis.

So, today union officers and their attorney are wrongfully attacking an innocent person, claiming Mr. Strawn maligned LeClair, when he did not. This is a perfect demonstration of their reckless ambushing of an innocent firefighter without any proof. It is similar to the ambush of four highly regarded firefighters in a document produced a few months ago attacking the “four horsemen;” four individuals we have never interviewed and none of whom I would know if I saw them. The behavior of your union officers and legal counsel is promoting firefighter-on-firefighter assault, in my opinion.

Lastly, in order to end the lawsuit with Steve LeClair, Mr. Corrigan clearly communicated to our legal counsel that they were willing to settle the matter without an apology or retraction. They made a settlement demand for the amount of legal fees expended by Mr. LeClair to that point: $18,000. Because that amount was less than the cost of a trial and because an apology was no longer required, our insurance company compelled us to settle the case. We made it clear we would not agree to pay for other parties to sue us by paying their entire legal bill.   After negotiation, our insurance company agreed to pay $9,000—half the cost of the legal fees.

Therefore, Steve LeClair should have an outstanding balance of $9,000 on his legal bill.  If your union is asked to pay his attorney’s fees, it should not be for anything more than $9,000.  LeClair should not make money personally off of a personal lawsuit and expect Local 385 to pay his entire legal bill ($18,000) so he can get free money.  It would be wise for your members to watch this activity carefully to see if your union was stuck with the entire bill.  Hopefully, this did not occur.

In my opinion, and in the opinion of many leaders within this community, your leadership team has seriously damaged your public reputation and set your union on a course of economic destruction by negotiating unsustainable labor agreements and by personally attacking anyone who questions what has occurred,  whether firefighter or private citizen. The citizens of Omaha will not support a union that continues to operate in the manner your union leaders have operated in the past 10 years.

It is critical that your membership replace these individuals with leaders of high moral character and integrity.  Otherwise, things will only get worse for your members because the public will no longer stand for what has been happening in our city. Business and community leaders will sooner or later demand massive restructuring  of the city’s relationship with your union and the fire department.

Now  is the time  for you to have the courage to stand up for those who demonstrate disciplined behavior, honesty, integrity, adherence to the rules, reward for true performance, awarding of promotions according to true accomplishment rather than favoritism, and mutual respect for both taxpayers and city leaders. Now is the time to  set your union on a course of long-term sustainability and prosperity, in part by retaining legal counsel who won’t drag your members into court, anytime, anywhere, knowing they can, because you will just cough up the money to  pay the legal bill.

The citizens of Omaha really do want to hold you in the highest of esteem, and I am confident that community respect will return to your members if you show the resolve needed to replace these leaders with new leaders who know how to build relationships and form alliances–not only with politicians, but with the greater business and taxpaying community.

I and the members of my board are willing to meet with any group of firefighters who would like to learn more about our motives and efforts regarding your labor organization and the city of Omaha. We truly believe the bickering and fighting has got to come to an end. It is time for men and women of character within your union to rise up and begin healing the wounds created by this reckless group of individuals who I believe have used you and your union to advance themselves at the cost of the entire union and at the expense of the City of Omaha.

A new era of leadership is needed and now is the time for your members to set a new course for Local 385 and  we would welcome any dialogue that you felt would be fruitful for all concerned.

Sincerely,

David Nabity

Chairman and President

Omaha Alliance for the Private Sector

 

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