From The Scranton Times Tribune, February 5

SCRANTON, PA – The Scranton police union made its case Wednesday that a pair of officers should have been allowed union representation during questioning from city officials.

The accusation of unfair labor practices stems from the one-week suspension last summer of Police Chief David Elliott, who was disciplined for calling the two officers, both women, “overtime whores.”

The union, which alleges he also called them simply “whores,” also filed a separate case with the U.S. Equal Employment Opportunity Commission.

At a daylong hearing Wednesday in front of an examiner from the Pennsylvania Labor Relations Board, the city denied the union's charge and said it was without merit.

After the remarks were made, the officers — Patrolwomen Jill Foley and Melissa Forsette — asked for a union presence at a meeting with Public Safety Director Ray Hayes and Human Resources Director Lisa Moran, who were investigating the incident. Their request was denied.

In the union's charge, it says Patrolwomen Foley and Forsette wanted union representation because they feared they faced possible discipline. It also alleges Mr. Hayes and Ms. Moran “mocked” and “threatened” the officers.

City solicitor Mary Theresa Paterson said it is “unreasonable and without basis” for the union to assert a violation of Weingarten Rights — the rights employees have to union representation at investigatory interviews. At the meeting, “there was no possibility of discipline being imposed on these employees,” she said.

“An employer is not required to bring in a union representative every time it wants to speak to its employees,” Ms. Paterson said.

Neither patrolwoman was punished, she added.

Sgt. Bob Martin, police union president, said the charges speak to overall poor and unfair treatment Scranton police receive. He said the allegation is part of a bigger problem with Chief Elliott's “egregious” conduct.

Both sides now wait for a transcript and will file briefs before an order from the examiner.

The labor board is not punitive, but violations can be brought to court.