Public Employee Press

Arbiter sinks Lifeguard firing
Union defeats extreme disciplinary action based on cheap-shot journalism and mayoral posturing

By DIANE S. WILLIAMS

After a tenacious two-year battle for justice by Local 461 and lawyer Leonard Shrier, an impartial arbitrator ordered the Parks Dept. to reinstate fired Lifeguard Justin Hausler with back pay.

Hausler was a victim of sensationalized and inaccurate journalism by the New York Post and shoot-from-the-hip political posturing by Mayor Michael R. Bloomberg.

Despite an impeccable eight-year record, Hausler was fired on Aug. 2, 2009, after a photo taken from behind that showed him wearing earphones in the lifeguard chair ran in the Post the day after a drowning at Rockaway Beach.

"Without knowing the facts, Bloomberg rushed to judgment and announced on his radio program that the Lifeguard should be fired, and Parks rushed to comply," said Local 461 President Franklin Page.

"It was raining and the beach was empty, so no one was in jeopardy. There was never a public safety issue," Paige said. Hausler was sitting in the chair in rain gear that morning, probably before he was scheduled for duty, union leaders said, when the Post photographer shot from behind.

Trial by snapshot

"Management's response was extreme. The punishment did not fit the infraction," Paige said. "It was trial by snapshot."

Although Hausler had an excellent record and had saved several lives, "no one had the guts to do the right thing and stand behind an exemplary employee," Paige said, "so we filed a grievance to win back Justin's job."

The city postponed the case several times, and although his picture had caused the firing, the Post photographer never showed up at the hearing to testify about the time he took the photograph.

Meanwhile Hausler lived for years with a cloud over his head.

"This came up every time I went for a civil service job," he said. "I love my job. I lost my livelihood, my close ties with co-workers, and my confidence."

The Rockaway Beach community sent letters and hundreds signed petitions supporting the fired Lifeguard, a lifelong Rockaway resident.

Even while he was terminated, Hausler made a heroic rescue after the beach officially closed for the day. Swimming into a riptide on Sept. 1, 2010, after the beach was closed, he saved a drowning teen who got into trouble 50 yards out in the Atlantic.

But Parks would not listen until the arbitrator found "no support to terminate" the grievant, who she ruled "did not do anything to bring disrepute to the city."

In similar cases where earphone use was the issue, the arbitrator said Parks held supervisory conferences with employees and did not use the drastic measure of termination; a written warning could have sufficed.

"No one can make up the years he lost. Unfortunately, justice delayed is justice denied," Paige said. "But we are all happy Justin Hausler is back protecting the public at Rockaway Beach."