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The Daily Tar Heel

Bigelow loses second appeal to regain job

Sanitation worker will not regain job

Kerry Bigelow, a fired Chapel Hill sanitation worker, lost a second appeal to get his job back.

After a 3-2 vote, the personnel appeals committee recommended to Town Manager Roger Stancil Wednesday that Chapel Hill not change its stance on Bigelow, who claims he was fired because he organized with a union for workers’ rights.

In its decision, the committee said that they were convinced by evidence the town provided for the reason it fired Bigelow, regarding three violations: insubordination, threats and intimidating behavior against members of the public and co-workers.

The committee did not address Bigelow’s fourth violation of unsatisfactory job performance, stating that neither side presented significant testimony.

Jim Curis, a member of the personnel appeals committee, said the group cannot comment on the process but members had a lengthy deliberation on the decision.

“We worked very hard on our decision and spent many hours on it,” he said.

Bigelow and his ex-coworker Clyde Clark were fired from their positions in the Chapel Hill solid waste department at the end of October after being placed on paid administrative leave for five weeks in September.

Al McSurely, a lawyer for both men from the local branch of the National Association for the Advancement of Colored People, said he was disappointed with the hearing.

He said the panel did not answer the question of whether workers have the right to organize a union and challenge unsafe and racist situations.

“Neither the majority or minority dealt with what we thought was the fundamental question,” he said.

The committee report for Clark’s appeal is scheduled to be released Feb. 27. Clark said after hearing Bigelow’s decision, he has no confidence in the town’s decision about his case.

Both Clark and Bigelow intend to pursue the matter further and in what Clark called a “more neutral court.”

“Just give me more time to do this,” Bigelow said. “I’m not helpless. I didn’t lose some six-figure job.”

The NAACP has taken up Bigelow and Clark’s case, deeming it a civil rights struggle.

Bigelow and Clark were originally denied unemployment benefits but have been receiving pay since Feb. 7 after McSurely successfully appealed to the N.C. Employment Securities Commission.

Bigelow said he now plans to commit full-time to the ministry at Lord’s House of Prayer in Burlington, where he’s been active since 2007.

“This is far from over,” he said. “My trust is in the Lord.”

Even with the verdict, Bigelow still remains hopeful for his future.

“In the end I believe justice will be served,” he said.

Contact the City Editor at city@dailytarheel.com.

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