April 01, 2008 10:35 am

Cut and paste version of story Photos John Brophy THE SALEM NEWS (SALEM, Mass.) John Brophy THE SALEM NEWS (SALEM, Mass.)

Sleeping fire dispatcher who failed drug test gets job back

The Massachusetts Court of Appeals ruled in favor of the union over the city of Peabody in a bitter battle over the level of misconduct necessary to dismiss a veteran firefighter.

By Stacie N. Galang
CNHI News Service

PEABODY, Mass. — A fire dispatcher fired three years ago for sleeping on the job during emergency calls and failing a drug test has won reinstatement from a state court. The judges ruled the punishment was too harsh for the infractions.

The Massachusetts Court of Appeals ordered the city of Peabody to rehire John Brophy, 45, a veteran firefighter before his dismissal for sleeping through 15 emergency calls in one night, including a 911 call from the father of a 6-month-old with breathing troubles.

Brophy had prior conduct demerits for fighting with a superior officer and for failing a drug test, though the latter was not entered into his personnel record because the testing method had not been agreed upon by the local firefighters union. Several months later, the city and the union agreed to a drug testing procedure for firefighters.

The appeals court ruling affirmed the finding of an arbitrator, who had been appointed to settle a bitter dispute between the city of Peabody and the union over Brophy's firing. A district court judge had also upheld the arbitrator.

Mayor Michael Bonfanti was disappointed with the ruling, but he said the city would not pursue further legal appeals. He said negotiations have begun to reinstate the fired firefighter, including terms of his back pay.

"We had a case. We lost that battle," the mayor said. "However, I do believe we won the war. We did get drug testing, which will preclude drug problems like this from happening. That was a very important victory."

Brophy and the union fought his termination on the basis tthat the city exceeded its authority in firing him even though he had been the subject of progressive discipline that culminated with his sleeping through several 911 calls.

A record of the night of the emergency calls to the fire station showed that he had to be aroused from his sleep by police officers who sounded sirens and pounded on the station's doors. A baby with breathing problems survived when the father rushed him to a hospital after getting no response from 911.

Stacie N. Galang writes for The Salem (Mass.) News.