Skip to main content

Arbitrator rules lineman was wrongfully terminated

Luverne’s Mike Gangestad, who was fired by the City of Luverne last year, is earning a reputation as the man who fought City Hall and won. He found out last week that an arbitrator had ruled in his favor in the grievance he filed against the City of Luverne after what turned out to be his wrongful termination.

By Lori Ehde
Former city electric employee Mike Gangestad learned Friday that he was wrongfully terminated last spring for hazards in the city electrical department.

The termination was issued in the wake of two OSHA citations and $58,000 in fines for the city of Luverne following accidents in October and December 2001 when one man was killed and another lost his forearm.

Though Gangestad didn’t play a direct role in the accidents, City Administrator Matt Hylen said Gangestad’s part in other related infractions were "inexcusable" and "endangered co-workers and residents alike."

Terminated
April 22, 2002
Citing previous verbal warnings that he hadn’t communicated hazards properly, Hylen fired Gangestad April 22.

"The City has determined that you failed to use appropriate communication channels, formal or informal, and blatantly ignored recent safety training as it relates to electrical high power," Hylen wrote in Gangestad’s termination letter.

"In doing so, you allowed an extremely dangerous situation to go unaddressed for several days."

Gangestad filed a grievance the next day against the city through the AFSCME union, alleging he was discharged without just cause.

Grievance filed
April 23, 2002
The grievance pointed to Gangestad’s five-year employment history with the city of Luverne, which included favorable job evaluations and merit increases.

Regarding Gangestad’s verbal citations for failing to communicate a safety hazard, the union puts responsibility back on the city for failing to implement a clear procedure.

It points out that employees are called on to communicate issues with a supervisor who is often not around.

When Electric Department Foreman Bruce Wilson left in 1998, no one was hired to replace him. Linemen now report directly to Public Utilities Director Red Arndt, who is often out of town on job-related business.

Arbitrator decides
The arbitrator, in a 25-page Feb. 19 document, identified this poor structure of supervision as the core problem.

"Linemen can either fix the problem, inform fellow linemen verbally of the problem or they can leave a note to or call [Red] Arndt. The decision on what is the best course of action rests entirely with the individual linemen," arbitrator Richard Anderson wrote in his findings.

"This lack of reporting or documentation contributed, in this arbitrator’s eyes, to the very situation that resulted in (Gangestad’s) discharge."

The arbitrator essentially ruled that Hylen acted too harshly in an effort to respond to the recent accidents and OSHA citations.

"I conclude (Gangestad’s) conduct, although requiring discipline, does not warrant discharge," Anderson wrote. "I further conclude that a disciplinary penalty of a five-day suspension is appropriate in the matter…"

Gangestad questions the five-day suspension on his record, considering Public Utilities Director Red Arndt received only five days suspension (three days of which were taken in paid vacation) for his role in the Fulda Electric worker’s loss of an arm.

"I always thought in my heart I’d be re-instated," Gangestad said. "I just didn’t think I’d get a five-day suspension out of it."

City response
Hylen said he stands by his decision to fire Gangestad.

"If I had to do it all over again, I’d do the exact same thing. Without hesitation," Hylen said Monday. "It’s just that an arbitrator and I disagree."

Hylen said the ruling simply makes a statement that punishment was too harsh. It doesn’t defend Gangestad’s performance.

"He’s saying a severe infraction occurred. This isn’t exemplary behavior. Something serious occurred. We unfortunately had an employee who ignored safety procedure and safety practice."

The arbitrator ordered that Gangestad be immediately reinstated, but Gangestad said the city is working on a "buy out" to keep him from returning to work.

Assistant City Attorney Jeff Haubrich said a severance offer hasn’t been finalized, but he said it’s not uncommon for an employer to not want to rehire someone an arbitrator has ordered back to work.

Gangestad’s position has since been filled, but that employee is still on probationary status.

‘Emotional dumpster’
While Gangestad admits he’s never had a good relationship with Hylen, he said he looks forward to returning to the job again with his former co-workers.

"As far as my work environment goes, that will be pleasant," Gangestad said.

As part of the ruling, the arbitrator also stipulated that Gangestad would be awarded lost wages since his termination, minus income he took in from High Power Inc., Rapid City, S.D.

Gangestad said he’d like the agreement to take into account travel expenses incurred while on the job.
"I don’t want to double dip, but I think they should subtract my net income from the back wages, after my expenses from the road," Gangestad said.

"I would have never had those expenses if I hadn’t been terminated."

He also said his job with High Power kept him away from home for five to six days a week. "They can’t replace that time lost with my wife and friends," Gangestad said.

Further he said, his reputation suffered permanent damage when news stories reported only that he was fired and was contesting the decision.

On the advice of his union representative, he wasn’t able to provide a comment to the Star Herald, let alone tell his side of the story.

"I was in the emotional dumpster for a long time," he said.

Gangestad has been unemployed since December when High Power Inc. disbanded after its owner Wayne Christopherson and line superintendent Chuck Pemble were killed in a Sept. 4 plane crash.

"Losing three close friends (including Nick Mann) in one year, and having to be away from family and friends is really hard on a person, when you know in your heart you shouldn’t be in this situation in the first place," Gangestad said.

He said he’s glad to be able to return to work, because it will allow him and his wife, April, to remain in Luverne.

"No words can express how relieved we both are and also very grateful," April wrote in an e-mail to friends and family Friday.

"Thank you so much for the support you have all given us during the last year."

You must log in to continue reading. Log in or subscribe today.