Fired Chapel Hill town workers might struggle to regain jobs

After losing their jobs at the end of October, two Chapel Hill workers have decided they won’t give up their employment without a fight, but town documents show their battle may be a difficult one.

A town memorandum dated Oct. 29 from Public Works Director Lance Norris states that Kerry Bigelow and Clyde Clark were fired for insubordination, threatening or intimidating behavior and unsatisfactory job performance.

Bigelow and Clark, who were fired from their solid waste positions Oct. 29 after being placed on paid leave for five weeks, filed grievances with Chapel Hill regarding their terminations Friday.

“We gave them something to do on a Friday afternoon,” said Alan McSurely, the civil rights attorney who represents Bigelow and Clark.

Town Spokeswoman Catherine Lazorko said less than 10 percent of fired employees appeal their terminations and even fewer are successful in their endeavor. The manager’s office is working to schedule a hearing on the matter, she said.

McSurely said finding jobs will be especially difficult for Bigelow and Clark, who are both black, during the current economic downturn.

“If the white population is getting a cold, the black community is catching pneumonia,” he said, referring to unemployment.

Policy dictates that Town Manager Roger Stancil address the grievances and either rule on them himself or direct them to a personnel appeals committee.

If their appeals before Stancil are unsuccessful, Bigelow and Clark have seven days to request a hearing before the personnel appeals committee. According to the town’s website, the committee normally consists of nine community members and one council liaison, but three seats are currently vacant.

This second hearing can be either open or closed, whichever option the employee prefers. During 2010, there have been only three personnel appeals committee hearings.

During these upcoming hearings, either the town manager or the appeals committee will review Bigelow and Clark’s files and judge if their firings were appropriate.

Town reports include documentation of a July incident where Bigelow, who was cleaning up a neighborhood U.S. Vice President Joe Biden was visiting, said to a resident, “Who the hell is paying for a $500 room at the Carolina Inn?! He’s not here to see the common man!”

Bigelow began working for the town in July 2007 after working as an equipment operator in Burlington for 18 years. A certified reverend, Bigelow currently lives in Burlington with his wife and three children.

Reports state Clark was warned or disciplined by the town at least eight times during his 12-year employment.

Clark, a native of Chapel Hill, grew up in public housing in the Northside neighborhood. His job with the town is the only job with benefits he has ever had, McSurely said.

Both Bigelow and Clark are members of the local chapter of the N.C. Public Service Workers Union, more commonly known as UE 150.

A town payroll deduction authorization statement shows that Bigelow and Clyde both paid $13 monthly dues to participate in union activities.

During protests of their terminations at Town Hall, Bigelow and Clark, along with their supporters from UE 150, UNC and the local chapter of the National Association for the Advancement of Colored People, said the town denied them of their right to due process during their investigations.

Protestors also said the town hired Capital Associated Industries, a Raleigh based non-profit employers association that contracted with Chapel Hill for up to $60,000 of services, to “union bust.”

President and CEO of the firm Bruce Clarke said that name is nothing new to his company.

“Because we primarily serve management, unions will often claim we’re union busters,” he said.

Contact the City Editor at citydesk@unc.edu.