PA Labor Board Rules Titterton’s Furlough Illegal

Board Orders Borough to Rehire Officer Titterton with Back Pay, Cites Chief for Union Busting

The Pennsylvania Labor Relations Board has struck down Chief Thomas Scott’s move to furlough Officer Edward Titterton, describing it as unnecessary and an attempt to break the Jenkintown Police Benevolent Association.

Though lauded by Council members as the man “who saved this town” and “the best thing that has happened to Jenkintown”, the Pennsylvania Labor Relations Board has issued two Proposed Decisions and Orders finding that Chief Scott, with the consent of Borough Council, violated the Pennsylvania Labor Relations Act by committing unfair labor practices against Officer Edward Titterton and three other members of Jenkintown Police Benevolent Association leadership.

Both Orders were issued on August 21, 2025 and will become final 20 days later if no exceptions are filed.

Both decisions are severe in describing Chief Scott’s and the Borough’s actions.

Anti-Union Demeanor

Case No. PF-C-24-12-E, Jenkintown Police Benevolent Association v. Jenkintown Borough & Thomas Scott, alleged that the Borough and Chief Scott in 2023 implemented retaliatory employee evaluations of several of Jenkintown’s police officers who are active in the police union. It contains many observations which reveal Chief Scott’s hostility towards his officers:

…the Chief does not take kindly to Union officials, who oppose him or have the audacity to challenge his authority. (Page 12)

The Chief’s animus is further demonstrated by his public remarks throughout 2023 that he wanted to disband the police department. That the Chief harbors unlawful motivation is undeniable on this record in light of his many anti-union statements. His disdain for the Union was also readily apparent in his demeanor at the hearing. (Pages 12-13)

…the Chief has plainly engaged in disparate treatment and made a number of obvious anti-union statements, which casts considerable doubt over his testimony in general and the reasons he offered for the negative evaluations. (Page 13)

The Order requires that Chief Scott and the Borough cease all discriminatory behavior and to immediately purge the personnel files of the three officers of all references to the 2023 evaluations.

The Decision and Order can be found here: Case No. PF-C-24-12-E

Borough Overstates Distress  

Case No. PF-C-25-6-E, Jenkintown Police Benevolent Association v. Jenkintown Borough, alleged that the Borough wrongfully dismissed Officer Edward Titterton on January 1, 2025 as retaliation for his union activities. This Decision found multiple facts supporting the Union’s claim of the retaliatory dismissal of Officer Titterton.

The first factor supporting such a determination is the obvious anti-union statements of the Chief. The record shows that the Chief referred to the Union’s contract as immoral and unethical in January 2024. (See also PF-C-24-12-E). Likewise, the record shows that the Chief claimed that the Union had “fleeced” the Borough during a public meeting in February 2024 and gave a presentation regarding costs and potentially disbanding the police department,…(Page 6)

While these statements predated at least two of the unfair labor practice charges, which Titterton filed, they are nevertheless very revealing of the Chief’s true state of mind and clearly indicative of his animus towards the Union in general, which only grew worse once Titterton engaged in his additional protected conduct. Indeed, the Chief’s disdain for the Union was readily apparent in his demeanor at the hearing. (Page 6)

The hearing officer stated clearly that he did not find the Borough’s reasons for Officer Titterton’s dismissal credible:

I am simply unable to credit the Borough’s proffered reasons for the adverse employment action. First of all, it appears that the Borough has overstated its alleged financial sustainability issues. There is no evidence that the Borough has become a financially distressed municipality under Act 47. To the contrary, the record shows that the Chief has openly and publicly advocated for the dissolution of his own police department in favor of spending for services in other Borough departments, including the creation of a paid fire department. (Page 7) The footnote to the above statement states: Why the Police Chief would advocate for Borough spending on other services to the detriment of his own employees is certainly puzzling.

The Borough did not present any competent testimony from the Borough Council members to potentially establish that the Borough was facing increased expenses that allegedly exceeded any falling revenues. (Page 7)

The Decision also discusses the DCED Cost to Benefit Analysis, pointing out that while it recommended a staffing level of eight police officers, it also contained the statement that operating on a 12 hour schedule might require additional personnel. The Jenkintown Police Department does, in fact, operate on a 12 hour shift schedule, and thus the Borough’s argument that they were simply following the DCED’s recommendations “could have been rendered a nullity based on the current terms and conditions of employment for the bargaining unit employes at the Borough, i.e., their 12-hour shifts.” (Page 8)

No Cause or Need for Dismissal

Finally, the Decision found that there was no pressing budgetary need to dismiss Officer Titterton:

…there was no immediate need to furlough any employes at the end of 2024, in light of Officer Jaworksi’s retirement. Indeed, the Borough could have followed the DCED recommendations by budgeting for one less officer salary for the next three years, which would have avoided the “need” to furlough anyone for at least a year, and which would have provided the two officers with the least seniority ample time to look for another job. But instead, the Borough chose to immediately furlough Officer Titterton, under the guise of following the DCED recommendations, in an effort to mask its true motivation to rid itself of a prominent and bothersome Union advocate. (Page 8)

The Order requires that the Borough cease and desist from all discriminatory actions and immediately reinstate Officer Titterton effective January 1, 2025 tendering full backpay for wages, longevity pay, overtime, out-of-pocket medical expenses, and pension contributions, together with 6% interest.

The Decision and Order can be found here: Case No. PF-C-25-6-E

Filing an exception to one or both of these decisions means that the Borough will spend even more taxpayer money in attorney’s fees.

Clearly, giving Chief Scott a free hand in his attempts to decimate and demoralize the police department has damaged the Borough, both in terms of finances and in reputation.

Will these Labor Relations Board orders finally open Council’s eyes, or will they continue to declare their unwavering faith that he is the man “who saved this town” and “who is the best thing that has happened to this town”?