The Pennsylvania Labor Relations Board has ruled that Lehighton borough has commited unfair labor practices by not arbitrating a grievance filed by its former police chief.

The board ruled that the borough must arbitrate the grievance of Neal Ebbert, former chief and police officer, which he filed after the borough council notified him he was being suspended as chief, and later had his employment terminated.The Fraternal Order of Police Schuylkill-Carbon Lodge 13 filed an unfair labor practice complaint on behalf of Ebbert after the council refused to submit to arbitration in the matter.On June 4, 2013, by letter, council informed Ebbert he was being suspended without pay as chief stemming from an incident that occurred in the borough hall on May 22, 2013.The letter advised Ebbert he would be suspended until he produced an evaluation from an "independent licensed psychologist or psychiatrist that you are fit to return to duty as a police officer."The borough's solicitor also told Ebbert he could appeal the decision to the borough's Civil Service Commission.Ebbert filed an appeal to the commission, but the council then stated he did not have a right to appeal the employment action because he was not part of the labor contract it had with its borough police force. The council said the chief of police was not part of the bargaining unit.After that the borough terminated Ebbert's employment.Ebbert then filed a grievance under the collective bargaining agreement claiming the suspension was a demotion from chief to patrolman and is covered under the current contract.Throughout the process the borough raised issues about arbitration, including the issue of jurisdiction, and refused to appoint an arbitrator as is required under the CBA.A hearing on the matter was held on June 3, 2014, in Harrisburg, the labor relations board ruling notes.As a result of that hearing the board's decision was issued ordering the borough to arbitrate the grievance of Ebbert as required under the CBA. The decision orders the borough to "cease and desist from interfering with, restraining or coercing employees in the exercise of the rights guaranteed" in the labor relations act.Also, the borough was ordered to post a copy of the decision and order within five days in a conspicuous place readily accessible to its employees, and have the posting remain for at least 10 days. The borough was also ordered to, within 20 days, satisfactorily present evidence of compliance with the decision and order.The borough has a right to appeal the decision of the labor relations board. If it does appeal, then the compliance part of the order will be put on hold. The appeal must be filed within 20 days of the date of the order.Lehighton Borough Manager Nicole Beckett said the borough has no comment at this time.Ebbert was named borough police chief in January 2012.On June 2, 2013, he was suspended following an executive meeting of the council. He remained suspended for at least two months.He returned to the position of patrolman. The reason for the suspension was never made public.Ebbert was a police officer for the borough since 1989 and was named corporal of the department in 2000, a position he held until he was named chief.He assumed the duties of borough police chief Jan. 8, 2012, and succeeded Matthew Bender, who stepped down from the position on March 1, 2010.Bender remains as a patrolman with the borough.Terry Ahner contributed to this story.