For Three Guards, Legal Help

As the controversy over on-the-job harassment in the Harvard security guard unit careens towards a possible legal resolution, it becomes likely that police sergeant-turned-Waltham-attorney Richard H. Spicer will become a key player.

In an interview Friday, Spicer, whose practice focuses on labor law, confirmed that he is representing three security guards who have charged police department management with discrimination: former guard Juan Figueroa, current guard and union steward Stephen G. McCombe and another former guard, who is a Russian national.

Spicer is reluctant to discuss strategy. But it appears he may use a mixture of the conventional and the innovative in representing the guards.

Earlier this year, Figueroa filed complaints with the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission charging both Harvard and his union, Local 254 of the AFL-CIO, with discrimination. Both union and Harvard officials have denied the charges.

Spicer hinted that similar action could come from both McCombe and the Russian guard. "We are investigating the possibilities of filing." Spicer said of their two cases.

But it is unclear how long Spicer will pursue guard complaints with public agencies and hold back from taking Harvard to court. MCAD, for example, can award damages or reinstate a person to their job. In some cases, labor lawyers prefer to switch such cases to the courts before MCAD reaches a decision.

Spicer suggested that he generally prefers to keep such cases in public agencies and out of the courts.

"Most of the time one would keep it in the commission in hopes of getting probable cause," Spicer said.

Figueroa's complaint alleges that he was discriminated against, because he is Hispanic. And the Russian guard would have standing to claim discrimination on the basis of his national origin.

But for McCombe, who is white, the issue is more complicated. Spicer said the guard could charge discrimination on the basis of his affiliation

with the union, which would mean pursuing action through the National Labor Relations Board.

"Hypotheticalty, if a person is involved in union activity, then those are violations under different laws," Spicer said.

There is also another possibility McCombe has said he has difficulty breathing, and the guard has alleged that department management assigned him to shifts in chemical labs even though they were aware of these problems. Spicer said McCombe may have standing to take action under laws that protect the handicapped.

"Mr. McCombe is considering actions for classifications for which he is protected under federal and state anti-discrimination laws--disability laws," Spicer said. "The law requires a reasonable accomodation."

Spicer has interviewed the three guards at length. He said he has no qualms about taking on an employer as large and prestigious as Harvard.

"If I were to back down because the employer was a Goliath of the world, and I'm only a David of the legal community, I don't think I'd be doing a proper service to potential clients," Spicer said. "Harvard is an institution. It's the people at Harvard who make mistakes."

Spicer, who has practice law for only three years, is himself an unusual story. He made a major career change in his 40s, going to Stonehill College while he worked his police shifts at night, and later graduating from the Boston University School of Law

with the union, which would mean pursuing action through the National Labor Relations Board.

"Hypotheticalty, if a person is involved in union activity, then those are violations under different laws," Spicer said.

There is also another possibility McCombe has said he has difficulty breathing, and the guard has alleged that department management assigned him to shifts in chemical labs even though they were aware of these problems. Spicer said McCombe may have standing to take action under laws that protect the handicapped.

"Mr. McCombe is considering actions for classifications for which he is protected under federal and state anti-discrimination laws--disability laws," Spicer said. "The law requires a reasonable accomodation."

Spicer has interviewed the three guards at length. He said he has no qualms about taking on an employer as large and prestigious as Harvard.

"If I were to back down because the employer was a Goliath of the world, and I'm only a David of the legal community, I don't think I'd be doing a proper service to potential clients," Spicer said. "Harvard is an institution. It's the people at Harvard who make mistakes."

Spicer, who has practice law for only three years, is himself an unusual story. He made a major career change in his 40s, going to Stonehill College while he worked his police shifts at night, and later graduating from the Boston University School of Law