Providence

T12 Down the Drain - back on job

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Fired workers reinstated, mayor furious

Says abitrator made the wrong decision

Updated: Tuesday, 09 Feb 2010, 12:29 AM EST
Published : Monday, 08 Feb 2010, 10:43 PM EST

PROVIDENCE, R.I. (WPRI) - A year ago, public outrage from the Target 12 Investigation "Down the Drain" led to two workers losing their jobs and their supervisor resigning. Now, we've learned the two workers are back because the city lost in arbitration.

In Target 12 Investigators undercover video that rocked the Providence Department of Public Works ; a city backhoe was found working on the house of DPW foreman Anthony Greenwood. Behind the wheel is Anthony Cipriano, an on-the-clock DPW worker. And that was just the tip of the iceberg.

Our undercover unit captured those same two workers from the sewer department bringing DPW trucks out of Providence on personal errands for hours on end, and all on the taxpayer's dime. In response, a heated Providence Mayor David Cicilline fired the two men and made this promise:

"They do not deserve to work for the city of Providence. They have lost that privilege."

But Target 12 has learned that those two men are once again collecting a city of Providence paycheck. When we first got wind that heavy equipment operator Anthony Cipriano was back at the DPW, we went to check it out.

After nearly a year without pay, he's back on the job in the same position, this time in the Highway Division of the DPW. Over the past year, Cipriano continued to collect health benefits. And his pension is untouched: his time off the clock will not affect his retirement benefits.

It's a similar story for Anthony Greenwood. He also lost about a year's pay. He was demoted and transferred to the Providence Parks Department. Greenwood also continued to collect health benefits while on leave. But will not be able to use the last year toward his pension. Target 12 caught up with him leaving the Parks Department at the end of his shift just a few weeks ago.

So what of the Mayor's outrage? One year ago on Newsmakers, Mayor Cicilline said the Target 12 undercover video of a city backhoe working on a foreman's house "turned his stomach."

Tim White: "You told me the video turned your stomach. How's your stomach now?"

Mayor David Cicilline: "It turns my stomach... the idea that people have the privilege of working for a city, the honor of working for a city, would betray it by behaving that way is despicable. I think the decision to terminate them was the right decision. I disagree with the decision of the arbitrator requiring us to reinstate them."

The workers denied our request for an interview, instead letting the union speak on their behalf. Local 1033 business manager Donald Iannazzi fought successfully to get their jobs back.

Tim White: "How do you look your membership in the eye and say look, we've got to defend these guys?"

Donald Iannazzi, Local Union 1033: "I look my proud membership my brothers in the eye each and every day... My brothers erred. They never denied that they erred. They owned up to the responsibility with their misconduct."

So why did they get their jobs back? The city messed up, according to the arbitrator's ruling.

Iannazzi said the city committed "double jeopardy." Here's how: before the investigation even aired, then-DPW director John Nickelson suspended Greenwood for five days and Cipriano for three days. Then "Down the Drain" came into your living room, and the city decided to fire them.

"Neither I nor my brothers should be held accountable twice for the same act of misconduct," Iannazzi said.

Target 12 spoke to Mayor David Cicilline to get his reaction to the ruling.

Tim White: "The arbitrator said that was double jeopardy. Did John Nickelson drop the ball? "

Mayor David Cicilline: "No. First of all, double jeopardy is a principle that applies in criminal law. It doesn't have any application in personnel matters."

Tim White: "Well, it was a big factor here."

Mayor David Cicilline: "It doesn't have application to personnel matters... Those individuals should have been terminated, they were terminated, and the arbitrator's decision to reinstate them is wrong."

Iannazzi said another factor for the arbitrator was Cipriano and Greenwood were, in a sense, victims of poor management in the Sewer Department. He claims their hours on personal errands were owed to them.

Tim White: "Was that documented anywhere?"

Donald Iannazzi, Local Union 1033: "It was documented, and it was documented... unofficially."

The worker's supervisor, Algot Abrahamson, resigned after "Down the Drain" aired.

 

 

Tim White: "You expect them to be employees of the century from here on out?"

Donald Iannazzi, Local Union 1033: "I do."

The arbitration process cost more than $17,000. The union and the taxpayers split the tab.

Copyright WPRI 12

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