Labor complaint over firing of Montana Highway Patrol trooper to continue

HELENA — A labor complaint filed over the firing of a Montana Highway Patrol trooper is set to move forward, after a state investigator found there was enough evidence to justify a full hearing.

The Montana Federation of Public Employees, the union that represents troopers, filed an unfair labor practice charge earlier this year against MHP and the Montana Department of Justice, which oversees it. They claimed Trooper Alicia Bragg, a union leader, was fired because she provided a summary of an MHP employee satisfaction survey to the union, and that DOJ was trying to intimidate employees from exercising their rights as union members. They said, because the document dealt with working conditions, there was a clear right to communicate with the union on that issue.

DOJ denied the union’s claims. They said Bragg’s firing was warranted because she had violated a direct order not to share the document, and that she or MFPE could have asked administrators to provide the document but didn’t. They said the information in the survey was not specifically a “condition of employment.”

In order for the unfair practice charge to continue, an investigator with the state Board of Personnel Appeals had to determine there was “substantial competent evidence” to support the claim. They said there was in this case, saying the climate survey did deal with “terms and conditions of employment” that employees have a right to discuss, and that Bragg’s statement that she shared the information for the benefit of her coworkers indicated an action of “mutual aid or protection.”

This decision was only an initial step in the process. The investigator said the Office of Administrative Hearings will now take over the case to determine whether DOJ and MHP committed an unfair labor practice.

“It was my right, and my responsibility, to communicate about troopers’ working conditions with our union staff,” Bragg said, in a statement released by MFPE Friday. “Everyone at DOJ and MHP serve in law enforcement roles, and I hope this finding of probable merit is a reality check for our leadership. They’re on the wrong side of the law and they’re failing to back our troopers.”

“It’s settled law that union members have a right to advocate for each other and better working conditions.” said MFPE President Amanda Curtis in a statement. “I’m glad the Board of Personnel Appeals sees this for what it is, a local union president acting well within her rights to fulfill her responsibilities.”

In addition to the labor complaint, MFPE also filed a grievance with DOJ, which is currently going to arbitration. In their release, the union said they and the department had agreed to postpone the full hearing in this case until that arbitration is completed.

Sgt. John Metcalfe, MHP’s public information officer, released a statement to MTN of behalf of the agency.

“We deny the union’s allegations and maintain we did nothing wrong,” he said. “This ruling was nothing more than a procedural step and will have no impact on the final outcome. We look forward to defending our position throughout the rest of this process.”