Captain Dave Compton filed a grievance regarding the disciplinary actions he received for his part in the events that took place. I added a copy of the original story to the bottom of this update. The grievance went to arbitration. Here are the Arbitrator’s findings and decision.
Quote: “On the merits of the Grievance filed September 11, 2023, the Arbitrator finds the grievance is denied in part sustained and part. The Employer has not proven it had just cause to suspend Grievant for a Group 1 violation. The Employer has not proven it had just cause to suspend Grievant for a Group 2 violation. The Employer proved that it had substantive just cause to find a Group 1 violation that Grievant failed as a supervisor to preserve order and discipline as set out in the decision but the remedy of suspension was not proportional. Therefore, the penalty is revised and awarded is as follows:
The Arbitrator does not retain jurisdiction. Any dispute over the implementationof the award will only be considered by this Arbitrator after joint submission of the parties.
The 10 days of suspension of Grievant as of are rescinded.
Grievant shall be given a written reprimand for the incident of failing as a supervisor to preserve order and discipline as set forth in decision.
Grievant shall be provided with full back pay, benefits and seniority for time lost due to the suspensions, the order to attend a management skills cmTiculum is rescinded, and the record of suspensions is to be expunged from the Employer’s records to the extent consistent with public records law.
There being no prevailing party, the Agreement makes the expenses and compensation of the Arbitrator payable equally by the parties.”
All files are attached in pdf format at the bottom of this article.
Original Story:
Back at the end of May 2023, Mansfield Fire Fighter Nolan Prochaska was placed on paid administrative leave. A complaint had been filed against Fire Fighter Prochaska accusing him of violating the Violence in the Workplace policy as well as Mansfield City’s sexual harassment policy. Prochaska, for almost 3 years, 2021,2022, and the beginning of 2023 allegedly, had been sexually harassing and demeaning a fellow firefighter. This female firefighter who has been turned from a coworker into a workplace victim, will not be named in this article.
An investigation took place, and it was found that Nolan Prochaska had indeed, on multiple occasions over an almost 3-year period of time, demeaned and sexually harassed his female coworker. Now, in situations like this. We would all expect an employee found to have sexually harassed another employee to be terminated immediately. It appears a different set of standards is used for discipline at the Mansfield Fire Department.
Prochaska was suspended for 45 working shifts as his punishment for close to 3 years of sexual harassment and demeaning a female coworker. That somehow does not seem like a punishment that fits the crime. As well as his suspension, Prochaska is not permitted to be on the same crew as his victim for as long as they both work at MFD and he shall not participate in any mentoring programs for 5 years.
It gets more interesting………..
Apparently, Captain David Compton knew about the sexual harassment taking place, and not only did he NOT take action to protect the victim. He decided he would get on board and demeaned the victim as well. Compton was investigated and given a 3 working shift suspension for careless failure to observe rules and 7 working shifts for demeaning the victim himself.
I would also like to add, that I reviewed several documents about this event. Nowhere in any of the documents, did I see anything mentioned about either one of these men being required to take any training on sexual harassment prevention or how to treat your coworkers.
We seriously need to start holding our government employees to a higher standard. This is not only an embarrassment for the Mansfield Fire Department. It is an embarrassment for the entire City of Mansfield and everyone living here.
