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The Kenneth M. Cox Building. Plus, details of a legendary fire in the Nation’s Capital in 1971.

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1971 report on rescues at 4307 3rd Street, SE

In Northeast Washington, the office building at 2120 Bladensburg Road owned by IAFF Local 36 officially became the Kenneth M. Cox Building yesterday. I say officially, because I have thought of it as the Kenneth M. Cox Building for quite a few decades. In my 25 years as a TV reporter it is probably the location I visited most often and the place where I found some of the richest and most interesting stories. And Kenny Cox is largely responsible for that. I would go as far to say that STATter911.com probably would not exist without Kenny. That in itself is an interesting comment considering Kenny usually can't even find the on button to his computer without help. 

My friend Kenny Cox is full of such interesting contradictions. As the person who served as an elected official of IAFF Local 36 longer than anyone else (37 years) Kenny has been an extremely important player in the work of the union. But while Kenny's fingerprints were everywhere, he stayed out of the spotlight.

Kenny's ideas and words have been heard by many in speeches and during hearings in the District Building and on Capitol Hill. But those words rarely came out of Kenny's mouth. 

A once in a quarter-century experience. An on-camera interview with Kenny Cox. Click here to see more pictures of the event by Stanley J. Jaworski.

In the 1970s Kenny Cox won an extremely important First Amendment case for the union, fighting the punishment he received for criticizing the administration over a fatal fire near the quarters of a company closed due to budget cuts. He spoke to a reporter while on-duty at the scene of the fire. Yet, despite a federal judge confirming his right to speak his mind, the name Kenny Cox was rarely in the newspaper. Kenny was the main point of contact for reporters looking to find out Local 36's view of the world, but he wouldn't let you quote him. I believe my only on-camera interview with Kenny is in the video at the top of this page and it occurred yesterday.

In the center, Firefighter Kenneth M. Cox in May of 1972.

And this quiet and deeply religious man also has an absolutely devilish side that often comes out in his deadpan sense of humor and as an instigator of practical jokes.

While I've been intrigued about all of these interesting aspects of Kenny's personality, the characteristics that meant the most to a young TV reporter hungry for a good story were his honesty, credibility and decency. 

If Kenny Cox told me something, I knew I could rely on it. The truth was the truth with Kenny, even when it wasn't the best of news for the union. He knew his credibility was the most important commodity in being an effective advocate for the firefighters of the District of Columbia.

And the many union presidents that passed through during Kenny's tenure also realized the treasure they had in Kenny Cox. As Bill Mould said yesterday during the dedication ceremony, "I often felt like the guy who sits on the ventriloquist's lap". It seemed to be a universal feeling among all of the former union heads, even though there isn't a dummy among them. Still, a cynical ex-reporter wanted to know if Cox drafted their speeches for the event, considering each of them rarely ventured out on union business without Kenny's words in their pockets.

Kenny will be the first to tell you that there are many, many others who helped guide Local 36 through the late 20th and early 21st Century. And there were. But Kenny's ability to work the halls of Congress on both sides of the aisle and at the same time deal with the politics in the District Building was somewhat unique. Especially considering that DC's mayors and council members hated when the union went to Congress to get help on District issues.

One such effort was 30-years-ago when Cox used the influence of a Virginia congressman and others to convince Mayor Marion Barry that firing the recruits of Class 275, who had all just left other jobs to be DC firefighters, was a really bad idea. Four members of that class, all now chief officers of the department, made a special presentation to Kenny.

While younger members may know some of what Kenny Cox has meant to the local, it is unlikely they know much about Kenny as a firefighter. There were quite a few long retired firefighters and officers at the ceremony yesterday who told those stories. Among those was Kenny's close friend, and former lieutenant at Truck 8, Larry Beardmore. Beardmore is from a family of legendary firefighters, including his brothers Tex and Johnny, who I knew very well from my days in Prince George's County.

About five-years-ago I ran across film of a May, 1972 event at the District Building with Mayor Walter Washington. There was no description of the event, but I immediately recognized a young Kenny Cox sitting with a group of firefighters. Another part of the film showed an interview with an officer whose face bore a strong resemblance to the Beardmores I knew. From a story I had heard from Kenny years before about Larry Beardmore grabbing three young children out of a burning apartment building, I figured this must be Truck 8 getting the "Company of the Year" award. I was correct.

While I actually first heard of that amazing rescue and Larry's Gold Medal of Valor while I was in PG in the 70s, I really never knew much about Kenny's role at that fire until I pushed for further details after finding the clip. Kenny and Firefighter Barrett Payne each received Silver Medals for their actions on January 21, 1971 at 4307 3rd Street, SE.

Engine 25 had gone to the address on a local alarm for a bush on fire just after midnight but found fire showing out of a picture window on the first floor and rapidly extending to the the second and third floors. I strongly encourage you to read the entire report (here) written by Larry Beardmore. Here is some of what Larry wrote about Kenny's actions (click the image below to increase its size): 

Yesterday Larry and Kenny both described it as a "routine fire" and just laughed at a washed up TV news guy as he tried to elicit something of substance about the incident. But make sure you listen to the few usable words from Beardmore at the end of the video above. They are important.

Also on this page is the film from the 1972 event at the District Building. In addition, Larry's son, Paul, a retired firefighter from Fairfax County and a videographer, had much more success with getting Kenny on camera than I ever did. That clip is below. Excerpts were used in a tribute Paul produced to honor his dad. Click here for that wonderful video, which has a lot on the firefighting Beardmores of Morningside, Maryland

And since we are talking about family, let's not forget Kenny's high school sweetheart Marti. They will be married 48-years next January. Or his children Ken Jr. and Michelle Lyn and grandchildren Taylor Lyn and Ethan. Michelle, who sings each year at the National Fallen Firefighters Foundation Memorial Weekend, did a moving tribute to her dad during the dedication ceremony.

Despite pushing 70 and a body ravaged by serious spinal issues and Parkinson's Disease, Kenny Cox still works hard on behalf of Local 36.

Kenny didn't want the tribute yesterday and even threatened not to show up. I imagine he will be greatly embarrassed by what I have written here (not that the man who has given Dave Statter more fire department stories than anyone else is likely to read the blog). I say tough.

It is long overdue for Kenny Cox to come out of the shadows and be recognized publicly. I would make the case that not only are DC firefighters much better off for the work of Kenny Cox, but so are the citizens of and visitors to the District of Columbia. When it comes to anything fire related, Kenneth M. Cox is probably more responsible than any chief, union president, firefighter or political leader in ensuring the safety of everyone in the Nation's Capital. 

EMS Facebook case in Connecticut settled. NLRB gets AMR to change its rules about employees comments on the web.

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Earlier coverage from STATter911.com

More from Firegeezer.com

You may recall our coverage of the National Labor Relations Board ruling in the dispute between Dawnmarie Souza and her former employee American Medcal Response of Connecticut Inc. That case was settled yesterday, the day before the hearing.

The NLRB ruled that Souza’s firing for a Facebook comment about her supervisor was improper. Her remarks were considered protected speech. The NLRB claimed AMR’s rules were overly broad when it came to the Internet and communications between workers. This is the first case in which the NLRB has made this argument about the web.

AMR has agreed to change those rules.

AMR and Dawnmarie Souza are not commenting, but Souza did post a brief comment to STATter911.com when our original posting ran on November 9:

While I have been advised to avoid interviews, I feel obligated to say something. First of all my page is private and I am a medic, not emt. The story has been greatly altered and I can only say please do not judge me until all the facts are out. Thank you.

The exact terms of the settlement, including whether Souza gets her job back have not been made public. Here’s more in excerpts from HartfordCourtant.com:

Souza, a paramedic for AMR in New Haven, posted the comment on her Facebook page on the same day she was suspended from work after refusing her supervisor Frank Filardo’s request to write up a report on a complaint about her performance. Management rejected her request for union representation.

The company did not respond late Monday to a question about whether Souza will be rehired, and had said in the past that her firing was not for her Facebook post, but for “multiple, serious issues.”

In the three years before her firing Souza had missed a lot of work because of treatments and follow-up surgeries for breast cancer. Her illness was not part of the NLRB’s case.

Legal experts have said the Souza-AMR case would be groundbreaking for unionized workers, but would probably not affect the rights of most nonunion workers, who typically are employed “at will,” meaning they can be fired for any reason as long as it does not illegally target them on the basis of race, age or other protected categories.

Labor board rules ambulance company illegally fired EMT for posting criticism of boss on Facebook. Case is considered ground-breaking. Dave wonders how far chiefs can go to limit social media activity.

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STATter911.com previous coverage of social media issues

In our recent discussions about first responders and social media I had cautioned that chiefs need to make sure that their policies to address these issues aren’t infringing on the rights of their employees. Here’s a good reason why. The New York Times reported yesterday the National Labor Relations Board is accusing an ambulance company of illegally firing an employee who used Facebook to criticize a boss. Labor lawyers consider this a ground-breaking case because, for the first time, the ”board has stepped in to argue that workers’ criticisms of their bosses or companies on a social networking site are generally a protected activity and that employers would be violating the law by punishing workers for such statements.”

The complaint is against American Medical Response of Connecticut. While it doesn’t involve patient confidentiality, to me, the most interesting part is that NLRB is saying rights already established extend to Facebook or other social media. While I am not a lawyer and don’t play one on TV (these days I don’t play anything on TV) you have to wonder how policies already established and those being considered will hold up not just in the labor arena, but also in the area of protected speech in general.

I think back to at least three freedom of speech lawsuits the District of Columbia was on the losing end of toward the end of the last century. The oldest one is a 1970s case where Firefighter Kenny Cox was disciplined for criticizing the department’s rotating closure policy while on duty talking to a reporter at the scene of a fatal fire. DC firefighters, with the help of IAFF Local 36 and the American Civil Liberties Union, also prevailed in cases where chiefs punished them for a political cartoon posted at a firehouse and for doing a TV interview, off duty, about inadequate supplies for infectious disease control.

So, can a chief completely ban the use of social media while on duty? Can the chief limit what a first responder writes on Facebook while off duty? Are their parallels between what the NLRB is saying from a labor standpoint and previous rulings about First Amendment rights?

I don’t pretend to know the answers to these questions, but these are things I do think about and hope you are too.

Here are some excerpts from the New York Times article by Steven Greenhouse, but I urge you to read the whole thing:

Lafe Solomon, the board’s acting general counsel, said, “This is a fairly straightforward case under the National Labor Relations Act — whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that.”

The labor board said the company’s Facebook rule was “overly broad” and improperly limited employees’ rights to discuss working conditions among themselves.

Moreover, the board faulted another company policy, one prohibiting employees from making “disparaging” or “discriminatory” “comments when discussing the company or the employee’s superiors” and “co-workers.”

The board’s complaint prompted Morgan, Lewis & Bockius, a law firm with a large labor and employment practice representing hundreds of companies, to send a “lawflash” advisory on Monday to its clients, saying, “All private sector employers should take note,” regardless “of whether their work force is represented by a union.”

The firm added, “Employers should review their Internet and social media policies to determine whether they are susceptible to an allegation that the policy would ‘reasonably tend to chill employees’ ” in the exercise of their rights to discuss wages, working conditions and unionization.

American Medical Response of Connecticut denied the labor board’s allegations, saying they were without merit. “The employee in question was discharged based on multiple, serious complaints about her behavior,” the company said in a statement. “The employee was also held accountable for negative personal attacks against a co-worker posted publicly on Facebook. The company believes that the offensive statements made against the co-workers were not concerted activity protected under federal law.”