Public Case No. R 1976-007
St. Louis County Fire Fighters Association, Local 398, International Association of Fire Fighters v.
City of Berkeley, Missouri
IAFF filed a grievance petition against the City of Berkeley, pursuant to Ordinance 1892, Article IX of the Municipal Code of the City. The employee in question, Damon Covington, became employed as a Probationary Fireman with the respondent under the federal CETA Program. Covington joined the union at that time. On February 17, 1976, Covington was notified that CETA funding was cut by 50% and his position would be terminated. The City gave him an opportunity to become permanent, but he received an unsatisfactory score on the Civil Service Board action.
The petitioner alleged that the termination was racially motivated. The Board dismissed the complaint. They noted that Covington was not an employee of the City, and therefore was not protected against dismissal by the Code. Nor did he have the same reemployment rights of other employees. He was not a permanent employee merely because he had joined the union.
Date Issued:July 1, 1976