Sunday, March 15, 2015

Lehigh County Commissioners take control of labor negotiations



The Lehigh County commissioners' decision to appoint themselves chief labor negotiators appears to be as much about a dysfunctional relationship with the county executive as it does contract talks.

The board unanimously approved a measure Wednesday that takes negotiations out of the county executive's hands and puts them into the hands of a trio of county commissioners. The decision had the air of a divorce as some board members lamented what has become an almost unworkable relationship with the executive.


Commissioner Vic Mazziotti, the former Northampton County fiscal affairs director, said he's been at the negotiating table, so he knows how much work commissioners are about to undertake. But he "never thought in his wildest dreams" that things would have gotten so bad between the board and the administration that commissioners would have had to take this action.

"The action we're taking is the result of an administration that's incredibly difficult to communicate with," Mazziotti said.

This is not my first choice, but its our only choice," he added.

At issue is a 1984 county law that designates the executive or his or her designee as the board's representative in labor negotiations. Board Chairman Brad Osborne accused county Executive Tom Muller of "material breaches" of that agreement.

Specifically, Osborne said commissioners have not been kept apprised of contract talks. The county is currently negotiating with nurses at Cedarbrook, and he claims he could not get answer as to when a recent negotiating session was being held.

Commissioners were also kept out of the loop last summer until they received a contract to approve with the United Food and Commercial Workers at Cedarbrook, Osborne said,

"This relationship cannot go on like this anymore," he said.

Director of Administration Dan McCarthy said any miscommunication about last month's contract talks with Cedarbrook nurses was his fault, not the executive's. Muller, who did not attend the meeting, disputed Osborne's claims Thursday, arguing the board has been better advised of negotiations than in the previous eight years.

He also disputed commissioners' claims that he asked the county solicitor to be removed as the board's representative.

"They have never told us we were failing to do something they requested or the 1984 ordinance required," Muller said in an email. "And just sprung the latest move on us with no prior discussion."

And unions are told up front that nothing is set in stone until commissioners ratify a contract, he said.

Cathy Brady, with SEIU Healthcare Pennsylvania, said labor talks with Cedarbrook nurses were nearly over before the measure approved Wednesday temporarily derailed what had been productive negotiations. She and others in the audience questioned why the administration couldn't continue to head negotiations, while commissioners attended the meetings.

Commissioners had previously gotten the best of both worlds, Brady reasoned, as the board ratified contracts without having to do the hard work of negotiations.

She expressed concerned about how the change will affect other labor issues. Commissioners indicated they'll need further legal clarification, but officials believe any day-to-day issues or labor grievances will continue to be handled as they are now through human resources and director supervisors.

Grievances dealing with the contract, however, will now fall to commissioners. The ordinance goes into affect 10 days after its approval.

"I'll call you in 10 days," Brady told Osborne.

The labor relations committee will include the board chairman, who will also chair the committee, and two other commissioners approved by the full board.

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