Workers to consider legal action

The three Chapel Hill Transit workers who filed hostile work environment grievances in May might have to consider legal options to get their claims of discrimination addressed further.

The personnel appeals committee that listened to the mechanics’ complaints twice in the past month sent a summary report to Town Manager Cal Horton on Monday, stating that during the hearings, it did not find any concrete evidence of racial discrimination of transit workers.

The recommendations support the conclusion reached by Assistant Town Manager Bruce Heflin in stage three of the grievance process — an informal plan used to handle workplace disputes without going to court.

Mechanics Clinton Thorpe, Tim Brown and Lee Harris — all black employees of Chapel Hill Transit — testified before the committee that their workplace was racially hostile.

Thorpe, who said he was passed over for a promotion in favor of a less-qualified white employee, was not satisfied with the committee’s recommendation.

“I think it is way out of line,” he said. “All the evidence (of discrimination) was there.”

Thorpe said taking his claim to court might now be the best option.

He also said he was disappointed that the committee took the amount of time it did to make its recommendations.

“The town is dragging its feet,” he said.

According to the grievance procedure, recommendations must be given within 10 working days of a hearing.

“The panel asked for more time (to complete the report), and we gave them more time,” said Pam Eastwood, town director of human resources.

It is common for the panel, which consists of community members, to ask for more time than what is outlined, she said.

The mechanics’ attorney, Al McSurely, said he likely will meet with his clients this week to discuss the next course of action, which could be filing a lawsuit.

“People need to admit that they did something wrong, McSurely said.

“So far, my guys haven’t heard anything from anybody.”

He did say the town has made progress in making the workplace less hostile since the complaints were filed, reassigning the maintenance manager accused of fostering the hostile environment.

The personnel committee acknowledged that there were problems in the workplace, as did Heflin, although there was no hard evidence to solidify a claim of racial discrimination.

But the town has not addressed the mechanics’ complaints of racism and its effects, McSurely said.

“We want the town to fix the prejudice … but that doesn’t mean that our guys weren’t hurt by this prejudice,” McSurely said.

Thorpe said he wanted to be compensated for his 16 years of employment under such conditions.

“I don’t see no way around going to court,” he said.

 

Contact the City Editor at citydesk@unc.edu.