Grievance hearing sees closed doors

When Chapel Hill Transit mechanics wanted their workplace grievances heard publicly Wednesday, they discovered the legal restrictions of discussing such issues in an open setting.

The three black mechanics who filed hostile-work-environment grievances with the town in May decided to move an open appeals hearing into closed session Wednesday.

Bus mechanics Clint Thorpe, Tim Brown and Lee Harris decided that they could speak more explicitly about their experiences and specific employees if the meeting was closed.

The N.C. Open Meetings Law states that a meeting can be closed to the public if personnel matters are discussed.

The complainants have alleged that they were treated differently because of their race and that the environment of the bus maintenance shop was racially hostile.

Several employees from Chapel Hill Transit and family members of the mechanics came to what they thought would be an open hearing.

Al McSurely, the mechanics’ attorney, said he advised his clients to keep the hearings open.

“Our advantage (to an open meeting) is to have all the citizens know how their buses are managed,” he said.

McSurely said an open hearing would allow citizens to hear that the mechanics were treated differently because of their race.

Town lawyer Rachel Esposito said that the mechanics’ complaints were generic workplace grievances and that race was not a factor.

She said the men had not received any pay cuts or demotions during their employment period.

Thorpe was the first black mechanic hired at the department.

He testified at the hearing that it was clear that racial barriers existed in the department.

Thorpe said he was denied a supervisor position that he was qualified for in favor of a white employee who had less experience.

“It was clear they didn’t want a black man in the position,” he said.

Thorpe’s testimony was interrupted as officials reminded him and his attorney that specific names of those in their workplace could not be mentioned in an open meeting.

Town Attorney Ralph Karpinos informed the participants about the restrictions of the open meeting.

Esposito advised that the group go into closed session.

Catherine Cummer, who headed the appeals committee, said that it was frustrating that the men could not speak openly because of personnel issues, but that a closed session would allow the committee to hear everything they had to say.

Wednesday’s hearing was the fourth step of six in the formal grievance filing process, when a personnel committee of Chapel Hill residents hears the complaints.

The committee will now make a recommendation to the town.

Assistant Town Manager Bruce Heflin ran the third stage of the hearings in October.

He ruled in November that there were problems at the shop, but he could not find evidence of racial harassment.

If employees do not want to file a grievance, they can file a lawsuit.

McSurely said he wanted to try the mediation process first as an alternative to going to court.

Contact the City Editor at citydesk@unc.edu.