Two Chapel Hill men known as the “Sanitation 2” visited WCHL recently with their attorney to explain why they’re continuing to push a lawsuit against the Town of Chapel Hill for firing the two sanitation workers in 2010.

Sanitation 2

Sanitation 2

Last Friday, the plaintiffs appealed a recent dismissal of a case that, according to them, is about a violation of their right to speak out and organize in the workplace.

“The important thing about this case is, in people that have looked at it over the years, is it’s probably the most important case about racism, and about the anti-union, anti-worker mentality that exists in this area,” says Al McSurely, the attorney representing Clyde Clark and Kerry Bigelow.

McSurely’s clients were fired as sanitation workers by the Town of Chapel Hill in October 2010 for insubordination, as well as job performance issues, and complaints from residents in neighborhoods where they picked up trash.

The two men sued the Town of Chapel Hill for wrongful termination, and for violating their free speech rights. They also claimed racial discrimination was involved.

The recommendation to fire Clark and Bigelow came from Raleigh-based consulting firm Capital Associated Industries, hired by the town to investigate claims against the two men.

McSurely told WCHL that CAI was hired to “vilify” his clients for union activities.

According to the attorney, Bigelow filed a complaint with a labor union in early 2010, claiming he was passed over for a driver’s job in favor of what McSurely called “a less experienced white guy.”

He also says that Clark filed complaints about unsafe truck-driving practices while he and Bigelow were working together, loading neighborhood trash into the back of a truck. McSurely claims that the town failed to act on the complaints, and retaliated against Clark and Bigelow instead.

The Town of Chapel Hill was successful in getting the lawsuit dismissed in Orange County Superior Court back in 2012, but the North Carolina Court of Appeals sent the case back in May 2013. The North Carolina Supreme Court concurred.

STORY: Discharged Town Employees Get Hearing

It was supposed to go to trial on Sept.22. But in August, the Town of Chapel Hill won another dismissal.

On Friday, Sept. 5, the plaintiffs filed another appeal with the state Court of Appeals.

Clark told WCHL he feels like he has no choice but to continue with the lawsuit. He now lives at the IFC Community House on 100 West Rosemary Street, and says he’s been virtually homeless since shortly after he received his final paycheck from the town.

“I’m at the shelter, with no means of support,” said Clark, “and been wrongfully discharged from my job.”

Bigelow says that for him, it’s a matter of principle.

“This right here for me is something that’s worth fighting for,” said Bigelow. “Like I’ve said, it’s something that hasn’t been finished, because it’s about the workplace – it’s unfairness throughout the state of North Carolina.”

McSurely says the appeal process will likely take about a year. The plaintiffs are asking to be reinstated in their jobs, and to receive compensation for damages, as well as attorney fees.

STORY: “Political Problem…Led To Firing Of Three Black Men”