Labor dispute leads to retaliation lawsuit filed by firefighter in Bergen County

An Englewood firefighter is claiming the city and members of the administration retaliated against him after he spoke before the council about union contract negotiations.

John Escobar is a firefighter with the city and president of the International Association of Firefighters Local 3263. The lawsuit, filed on June 28 in Bergen County Superior Court, said the firefighters union and the city have been in contract negotiations "for years." According to the lawsuit, the collective bargaining agreement expired four years ago and they haven't been able to reach a new contract.

Charles Cobb, the council president, and Robert Hoffman, the city manager, were also named in the lawsuit in their professional and personal capacities. Hoffman said the city has yet to receive a copy of the lawsuit.

Escobar said he received a preliminary notice of discipline after he spoke at the May 21 council meeting. The lawsuit said the meeting discussed increased salary ranges for unclassified employees. During public comment, Escobar spoke, "objecting to the lack of a contract with the city where other employees were getting pay increases."

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The lawsuit said Hoffman got up to speak to Cobb during Escobar's comments and Cobb interrupted him, telling Escobar that "contract negotiations must be addressed during private contractual negotiation meetings held with the city" and stopped him from speaking during public comment.

According to the lawsuit, the disciplinary notice said he would receive a written reprimand because he "attempted to violate the city manager's powers and duties and his direction of supervision of the city's employees" and that if he were to do the same in the future, he would face major discipline and possibly be suspended and lose pay.

The suit claims the city, Cobb and Hoffman violated his right to free speech, his right to union association and the state's Civil Rights Act.

Escobar is seeking an injunction to prevent the defendants from "interfering with [his] public speech as a private citizen related to union activity and similarly-situated union members' constitutionally protected speech." He is also looking to have the disciplinary notice and record of the May 28 discipline removed from his personnel file.