DPW chief, staff at odds

Labor complaint filed in Mechanicville includes issue over snow detail

The city’s new public works commissioner is facing three charges of “improper practice” by the union representing his workers — including that he allegedly made them shovel snow after they complained to the union about working conditions.

Matters became contentious almost immediately after Commissioner David Higgins took over on Jan. 1, according to a complaint filed last month with the state Public Employment Relations Board.

On Jan. 3, James Horner, the Civil Service Employees Association local unit president, and other workers informed Higgins that several city vehicles had failed their state inspections and needed “extensive repairs,” according to the complaint.

Higgins assigned workers to use the vehicles, according to the complaint.

He allegedly said the union was making an issue of the failed inspections as retribution after he denied a worker’s request to use a city truck for his CDL license test, which the city had previously allowed.

“Commissioner Higgins yelled at Mr. Horner and stated that ‘those two little (expletive) went to you, and now they’re not getting (expletive),’” the complaint said. He added Higgins told the worker who wanted to test for his CDL, “You went to the union on me three days in. You’re not getting (expletive), and it pissed me off.”

Last week, Higgins fired that worker; he said it was unrelated to the complaint. Two other workers have quit.

Higgins told the Times Union that he did not use obscene words as described in the complaint, but acknowledged he had in substance made the comments.

“I was wrong. I told the kid, for going there (to the union), I’m not going to teach him. I shouldn’t have said that. I

was just mad,” he said.

He also said that he was trying to take control of the department.

Higgins also told the Times Union that he got the vehicles that did not have up-to-date inspections repaired and that no one is now using a vehicle that isn’t inspected.

Higgins has held the DPW position before for two previous four-year terms.

“The guy that was here before me (as commissioner), he had no leadership. These guys were running and doing whatever they wanted to do,” Higgins said. “They had no direction. I was trying to give them direction.”

After the incident involving the CDL request, Horner collected statements regarding other comments Higgins made that could be considered to have a “chilling effect” on union activity.

Higgins found him collecting statements on Jan. 7 and, according to the complaint, said, “What are you doing down here? Are you down here to start trouble?”

When Horner explained, he said Higgins replied, “I can say whatever I want” and then turned to the workers and added, “You can’t go to the union.”

Horner said he responded saying, “You can’t be bashing the union like this. You can’t say that. You’re violating our protected rights.”

The complaint accuses Higgins of later assigning the complaining workers to shovel snow manually instead of using a plow and denying them training opportunities.

If it finds that Higgins acted improperly, the Labor Relations Board can issue a “ceaseand-desist” order or order him to reinstate workers.