Olson 'sustained in part and denied in part'

After a year-long process that went to arbitration, Havre Fire Department Capt. Dustin “D.J.” Olson will be returning to work at the Havre Fire Department.

The fire department fired Olson last January and International Association of Firefighters Local 601 filed a grievance saying the city, in firing him, violated the collective bargaining agreement it had with the union, violated state law and had not proven that Olson had violated policies the city said led to his termination or proven whether the penalty imposed was appropriate for the alleged violations.

After a three-day hearing on Olson’s grievance, both parties submitted the issue for arbitration to Joseph W. Duffy of Seattle.

In his opinion, Duffy wrote, “the grievance is sustained in part and denied in part.”

The entire arbitration report is online at https://issuu.com/havrenews/docs/iaff601havreolsond

Duffy ruled that termination will be reduced to a five shift, unpaid suspension and he will be reinstated. The department also has to pay Olson lost wages and benefits.

The arbitration also stated both parties will pay half of the total of the arbitrator’s fee and expenses.

The union and Olson did not respond to requests for interviews, but provided a statement to the Havre Daily News.

“We are grateful for the decision and for D.J. to return to work and for the support we received from our brothers and sisters across the state and nationally from the IAFF,” the statement said. “I feel vindicated again and can’t wait to get back to work,” Olson said in the statement. “None of it would have been possible without my union and the rights it fights for me to have. All we wanted was someone to hear our side and thanks to IAFF L601 we were allowed that process and we were able to be heard and have a favorable outcome.  We would like to say thanks to everyone here and statewide for their ongoing support.”

In its release, the union said the complaints against Olson were due to his being active in the union.

“These attacks on D.J. and our local (union) have been ongoing for years and we are hopeful that with yet another arbitration decision favoring the IAFF 601 we can all finally move forward,” it said.

Havre Fire Chief Mel Paulson, in a statement he provided the Havre Daily News, said that was not the case.

“This was not nor has ever been a personal issue,” Paulson said. “The arbitrator clearly stated there was no anti-union bias in this case.”

Duffy wrote in his opinion that he did not find sufficient evidence that the termination was due to union involvement.

“I did not find the examples (cited) by the union of alleged anti-union discrimination to be persuasive,” he said.

Although an antagonistic relationship existed between Olson and the chiefs within the department, Duffy wrote, the antagonism is not clearly related to any union activity by Olson.

“In essence, the evidence shows that the conflicts between (Olson) and the chiefs arose primarily from personality conflicts and work performance concerns rather than issues related to (Olson’s) union activity,” it said. Paulson also said in his statement that the arbitrator agreed that Olson’s actions and behavior did warrant punishment — the five-shift suspension — but that his actions did not deserve termination.

“The fire department holds it’s firefighters to the highest standards for the protection of the Havre community, expecting honesty, accountability and good behavior from each member, including Mr. Olson,” Paulson said. “The fire department looks forward to building a team of such firefighters and serving the community to the best of its ability.”

In its statement, the union also blamed the city government for the issues.

“It’s unfortunate that these issues keep reoccurring under the mayor’s leadership and some city council members,” the union’s statement says.

Havre Mayor Tim Solomon said he and City Council have no comment about the matter and they would like to move forward.

Council member Caleb Hutchins did provide a statement, saying he thinks this cycle of grievance and arbitration is what happens when an organization, such as the city, operates without a professional and objective human resources staff.

“We’re all just elected amateurs with little experience or training in de-escalation, labor negotiation, or contract interpretation,” he said. “Until the city decides to invest in an HR manager, this cycle is going to keep repeating.”

Rulings on various issues

The arbitration opinion cites Olson as saying he had difficulty talking to the heads of the department.

The chiefs “weren’t the type of people you could talk to,” he said in the statement.

It also cites testimony from Assistant Fire Chief Kelly Jones that he found it difficult to communicate with Olson.

“In my position, and in the experience that I have, it has been very difficult to approach D.J. and discuss things without first planning out how to discuss it, how to communicate with him and have somebody else there to help as a witness basically to get through the situation,” Jones said.

“Just his behavior and mannerisms and everything else make it a very uncomfortable situation to be in and try to discuss items of concern to try to help improve things,” he added.

Fire Chief Mel Paulson said that when Olson started he did not have problems with him, but as he progressed things became more difficult and Olson became difficult to manage.

“In a lot of ways he is, questioning authority,” the arbitration agreement cites him as saying. “He questions tasks. He gets agitated very easily.”

“By simply questioning him, sometimes if you question him, he becomes agitated,” he added. “If you don’t really, if you don’t agree with him, he becomes very agitated and very difficult to manage.”

The arbitrator said that in a paramilitary organization, respect for authority and the chain of command takes a higher significance.

“The shop floor is not a debating society,” the arbitrator said.

He added that the general rule is “work now, grieve later.”

The arbitrator said that, on the other hand, it is up to management to confront performance issues at the time they arise, even with difficult employees, in order to identify and correct performance and provide clear expectations for the future.

The city alleged in its termination of Olson that he had bullied people in the department.

The union’s statement says the arbitrator fully cleared Olson of any harassing or bullying and insubordination charges.

The arbitrator said that nothing in the record about the interchange, either in the text messages or what occurred Dec. 22, 2017, established that Olson engaged in harassment, intimidation or threats.

He added that, in fact, Capt. Nathan Courtnage’s extreme overreaction seems to be more in conflict with the harassment policy.

Courtnage did not provide testimony at the hearing or during arbitration.

Olson was also accused, in addition to two other firefighters in 2016, of fraudulently signing off on a recertification document using the password of a former training officer.

The union statement says that the arbitrator also cleared Olson of any false recertifications as did the State of Montana licensing board.  

“The evidence does not support the assumption that (Olson) was primarily responsible,” the arbitration said. “… The assumption is undermined by the fact that some doubt exists about whether or not Courtnage did the certifications,” the arbitrator said. “Neither theory of how the recertifications occurred can be convincingly proven because no method exists for determining who signed on the computer system on Dec. 4, 2016.”

The city also claimed Olson was insubordinate or disrespectful toward Assistant Chief Kelly Jones on the morning of Dec. 22, 2017. The arbitrator found in the department’s favor, although the union statement said, “The arbitrator fully cleared D.J. of any harassing or bullying and insubordination.”

Duffy’s opinion said the department’s side is more believable.

“I have resolved the credibility issue between (Olson’s) version of his comment and Assistant Chief Jones’ version in the Department’s favor,” the arbitration states.

The arbitration says, about Olson using a single profane word in what was most likely a sarcastic comment, at a time when he was under considerable anxiety, that is was inappropriate, bbut the matter would be discussed with the employee and have a lower level of discipline, if any.

The final claim by the city was that Olson was grossly negligent in not fully preparing for service a fire engine used during the department’s 18-hour fight against the Dec. 24, 2017 blaze that destroyed Big Equipment on U.S. Highway 87 west of Havre.

Olson said he was told by several firefighters within the department to wait until the engine thawed out, which could take until the next day.

The arbitration said that although Olson and his crew checked on the fire engine until the evening of Dec. 25, 2017, they failed to put the truck back into service by morning before the end of their shift. The arbitrator added that the fact that the next crew was able to put the vehicle back into service that morning indicates that Olson could have done more, and the fact that the truck did go back into service Dec. 26, 2017, establishes that the truck was not broken.

The department has no written policy and has not provided training on how to deal with a frozen fire truck, Duffy wrote.

Duffy wrote that, as an acting captain, it is reasonable to expect Olson to check on the fire engine throughout the night and begin working on putting it back in service before the end of the shift.

“Therefore, some discipline is warranted,” the arbitration says. “Nevertheless, the conduct, in my judgment, does not rise to the level of gross negligence that would justify summary discharge for a first offense.”