BLOOMFIELD, NJ — A whistleblower’s complaint has been filed against Bloomfield on behalf of Bloomfield FMBA Local 19, the union representing a majority of the Bloomfield Fire Department firefighters. A co-plaintiff in the complaint is Eugene Cantelme, the Local 19 president.
The complaint was filed Jan. 19 in Newark Superior Court. It alleges that the township is seeking a contract settlement with Bloomfield FMBA Local 19 through compulsory interest arbitration to hurt it’s membership. Compulsory interest arbitration would cap salary increases at 2 percent.
The union alleges this is a retaliatory response because it had complained about the working conditions created by the behavior of Deputy Chief Louis Venezia, the brother of Mayor Michael Venezia.
The deputy chief has been placed on administrative leave, with pay, since mid-December. An investigation of the allegations is being conducted by an outside law firm. The BFD has been working without a contract for nearly three years.
The complaint sets up a timeline to bolster its whistleblower’s allegation.
• Dec. 4, 2017, the township is informed by Merick Limsky, the Local 19 attorney, of Deputy Chief Venezia’s “inappropriate and potentially illegal conduct.” Examples of the alleged conduct are conveyed in a letter to Township Attorney Michael Parlavecchio. One allegation has the deputy chief telling union representatives to come to terms with the township or it would be brought to arbitration and ruin.
• Dec. 7, 2017, the president of Local 219 sends a letter to the township supporting the deputy chief. The president of Local 219 is Brian McDade.
• The deputy chief is placed on administrative leave.
• Dec. 15, 2017, the township gives Local 19 a final offer on its collective bargaining agreement and until Dec. 20, 2017, to respond.
• Local 19 does not accept the offer. The township files for compulsory interest arbitration with Local 19.
• The township does not file for compulsory interest arbitration with Local 219.
The complaint asks the court to order Bloomfield to withdraw its petition initiating compulsory interest arbitration or for the court to prohibit the compulsory interest arbitration proceeding from going forward. The complaint also asks for compensation for emotional distress, pain and suffering.
In a recent telephone interview, Limsky said there was no particular reason why Local 19 complained about the deputy chief when it did.
“I don’t remember if something triggered it,” he said. “Something may have come up about the contract. People had had enough. The atmosphere the people were under was intolerable and it came to a head.”
He explained the threat of compulsory interest arbitration.
“Under NJ statutes, police and fire departments cannot go on strike,” he said. “The statutes set up the arbitration. There’s a 2 percent cap on salaries. That comes from the arbitration.”
The 2 percent salary cap combined with health insurance increases, he said, would reduce a firefighter’s pay if the contract goes to arbitration. .
In the complaint, Limsky said it was only an opinion that Local 219 was not being brought to arbitration because its president wrote a letter in support of the deputy chief.
“I believe the majority of the supervisors support the rank and file,” he said.
He said Local 19 did not complain about the deputy chief when it did with the intention of using Deputy Chief Lou Venezia as a bargaining chip because it anticipated arbitration. The police and fire departments usually settled their contracts at the same time, he said. But the police have settled and it has been years since the fire department has had a contract.
“They gave the police more than the 2 percent cap,” Limsky said. “Why not the firemen?
Limsky said it was important for the court to act on an prohibiting arbitration because once it starts, it gets very involved stopping it. He said it was tough to know, at this time, how the situation with the deputy chief could be remedied by the township.
“If they take care of the situation, that would be enough for us,” he said. “We’ll have to see. We’ll have to see something positive come out of it. It’s all the more important with the fire chief retiring.”
BFD Chief Joseph McCarthy is anticipated to be resigning in April.
Local 19 represents 51 of the 78 fire-fighting employees in the department, all under the rank of lieutenant. Lieutenants and captains are represented by Local 219.
A township spokesman, Philip Swibinski, in a Jan. 25 email said the investigation into the allegations by Local 19 against the deputy chief is under way and should wrap up in the next few weeks.
Public Safety Director Sam DeMaio said the police department settled its current contract about two years ago.
About the Author
