Religious beliefs cost SEPTA worker his job, union says

A SEPTA janitorial worker and the transit agency are fighting over the worker's dismissal for refusing to work on holy days, including Rosh Hashanah.

Romel McAlpin of Germantown was fired last year by SEPTA for refusing to work on Rosh Hashanah and Oct. 12, his Sabbath.

McAlpin, according to legal documents, is an adherent of the Israelite Church of God in Jesus Christ, a sect that observes Jewish holy days and marks the Sabbath from sundown Friday to sundown Saturday.

McAlpin, a maintenance custodian in subway tunnels, notified SEPTA of his religious beliefs shortly after he was hired in May 2012, according to a legal brief filed by Transport Workers Union Local 234.

SEPTA permitted McAlpin to trade days off with other workers to accommodate his beliefs, but only with workers with less seniority, citing seniority clauses in its union contract.

The union argued that McAlpin should be allowed to swap days with more senior employees.

Because of his brief tenure with SEPTA, McAlpin was not able to find replacements for Rosh Hashanah and Oct. 12, and was fired.

The TWU, which is in contentious negotiations with SEPTA for a new contract, is asking an arbitrator to order McAlpin to be restored to his job and receive back pay, as much as $70,000.

"He's married, with children, totally sincere in his beliefs, and he deserves not to be fired," said TWU lawyer Bruce Bodner.

SEPTA, which had argued that the case was not subject to arbitration, declined to comment Wednesday.

An arbitration hearing date has not been set.

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