Teamsters Local 633 Successfully Fight to Reinstate Hooksett Police Officer

Teamster Local 633 successfully fought to reinstate Officer Jason Defina who was terminated September 8, 2009. From the outset, Business Agent Thomas Noonan stood with Officer Defina and maintained that his dismissal was without due process and was contrary to the Collective Bargaining Agreement. It was a long battle as the Hooksett Police Department; the former Hooksett Police Commission used questionable tactics to terminate the member and then attempted to set up a hand- picked substitute Commission to hear the grievance.  BA Tom Noonan and Attorney Bill Cahill of Dumont, Morris and Burke, PC, strongly objected to this substitute commission as not compliant with the applicable statute under which the Hooksett Commission was established.

After the former chairperson of the Hooksett Police Commission stepped down and a new member was appointed, the question of the substitute Commission was raised and the Hooksett Town’s Council agreed that the substitute Commission was not appropriate.

A Hearing was scheduled and held before Commissioners Clark Karolian and Joanne McHugh with the third Commissioner Henry Roy abstaining citing recusal. The Union insisted on the due process issue being heard first and objected to discussions concerning just cause until the due process issue was decided. The Police Department repeatedly tried to muddy the waters by attempting to discuss both issues which the Union consistently objected to as the just cause issue was not appropriate if, as the Union contended, the officer was not afforded notice and a pre-termination hearing. The Commissioners agreed and sustained the Union’s objections when facts not concerning due process were raised.

The Hearing lasted two evenings- - September 27 and 28- - where the Commission heard from the Department and the Union before deliberating. Commissioners Karolian and McHugh listened intently to the presentations and reviewed the offers of proof. After intense deliberation the Commissioners held that Officer Jason Defina was not afforded due process and he was to be reinstated immediately and made whole. The crowd of approximately 100 citizens applauded the decision. Local 633 defended Officer Defina’s rights and demonstrated the best of what the Teamsters represent. David W. Laughton, Secretary-Treasurer/Principal Officer of Teamster Local 633 and Joint Council 10 stated, “ No member, regardless of the size of the bargaining unit, is left to fend on his/her own. This case before the Hooksett Police Commission is a prime example of strength through diversity that the Teamsters are able to provide for police officers and other members of this union whether they are employed by the public or private sector.”

From Officer Jason Defina: (Photo Courtesy of Dan O'Brien) In my 6 years of service in the United States Marine Corp. and my 10 years of service in Law Enforcement I have met all kinds of people and come to know men of honor and integrity well.  Thirteen months ago I was wrongfully terminated from my job as a Hooksett police officer. Luckily for my sake, I was a member of the Teamster local 633. I met with Principal Officer David Laughton, Business Agent Thomas Noonan, and Attorney William Cahill and immediately knew I was in good hands. It's a tough thing being out of work in this economy but knowing I had these guys in my corner of the ring made it a lot easier. They were there for me days, nights, weekends, and every step along the way. When the hearings came my guys made the opposition’s high priced attorneys look like amateurs! Honor, Integrity, and tough as nails, that's how I would describe the Teamsters Local 633. They stuck by me till the end and now I'm back to work holding my head high. Thanks Local 633, Reinstated Police Officer Jay Defina