(C) Daily Montanan This story was originally published by Daily Montanan and is unaltered. . . . . . . . . . . Hearing officer rules Yellowstone County committed unfair labor practice – Daily Montanan [1] ['Darrell Ehrlick', 'More From Author', '- December'] Date: 2022-12-08 A hearing officer determined that Yellowstone County, Montana’s largest county, committed an unfair labor practice when the Sheriff’s Office hired clerks at a higher rate than approved, above the pay of other veteran employees. The county has not yet decided if it will appeal the ruling, said Chief Deputy County Attorney Jeana R. Lervick, and the county and state’s largest union remain in discussions about a new labor contract. Yellowstone County workers have been working without a contract since July 1, when the previous contract expired. The unfair labor ruling against the county stems from the Sheriff’s Office having difficulties finding new employees at the starting wage bands, reporting that like many industries, wages have soared beyond the previously established levels. However, the hearing officer rejected the idea that COVID-19 and the following labor crunch that was experienced in so many different industries across the nation was to blame for the problem. He found that those conditions did not create a new urgency. “The recruitments and retention issues within the Sheriff’s Office were longstanding, and existed well before the COVID-19 pandemic,” said hearing officer Jeffrey Doud. Previously, the county could seek the union’s permission to hire a new employee at a higher level. However, when county officials sought the permission, the union objected without also giving consideration to current county employees. “The Montana Federation of Public Employees rejected the proposal because it only addressed beginning pay and did not address retention of existing employees,” the finding said. Yellowstone County said the decision actually vindicated its position. “The outcome is exactly what the county desired for its employees almost a year ago. The county asked the union for permission to pay its handful of clerks more, to bring them in line with new recruits and the union said no,” Lervick said. “So for the investigator to recognize the right outcome to be exactly what the county was proposing – and the union was preventing – was a win for our employees and we are thrilled.” Yet, Doud in his ruling pushed back on the idea that the union had blocked the county. “MFPE attempted to open negotiations with the county over its proposed increases for the existing clerks, but the county refused due to ongoing negotiations with another bargaining unit,” Doud said. “The county has proffered no other evidence indicating that MFPE unmistakably waived its right to have input into pay decisions. If anything, the record establishes the exact opposite.” On Jan. 13 the county notified the union that if the MFPE did “not agree to increasing some of its members’ wages, the county will move on and do (its) best to recruit for vacancies.” Yellowstone County hired Stacey Williams two days later at a rate of $15.54 per hour, nearly $2 per hour more than the minimum. “The county did not notify MFPE of its hiring of Ms. Williams at a higher-than-minimum rate,” the ruling said. “The county continues to post open bargaining unit positions at rates higher than the minimum of the pay band and without MFPE’s consent. “Thus, the county committed an unfair labor practice when it failed to bargain with MFPE prior to unilaterally advertising and filling bargaining unit positions in such an improper manner.” Lervick said that the focus on the minimum salary for the position ignores that county employees are grouped into pay bands, which give a range of pay for employees in a certain category. She said the county did advertise a starting wage above the minimum for the pay category, but not more than the top of it, which she said the county still believes is within its prerogative. Still, the county hired a new clerk at a rate higher than the minimum approved in the contract and without adjusting the wages for other veteran employees. The hearing officers from Montana Board of Personnel Appeals found that action violated the union contract. Doud ordered the county to equalize that pay of clerks who are paid less than the clerks hired at a higher rate, and ordered it to be retroactive to the date of the county’s first hire. Lervick said that following the order will cost the county around $1,800. Both sides remain confident that the current finding by the hearing officer will not impact the new contract negotiations which are taking place this month. “The issue is wholly separate from negotiations,” Lervick said. In a press release, the MFPE said that there’s no reason “a new contract cannot be bargained quickly.” “We will continue to bargain in good faith as we have done from the beginning of negotiations. The county should accept this order as-is and bargain in good faith with us, as the hearing officer has directed,” said MFPE President Amanda Curtis. [END] --- [1] Url: https://dailymontanan.com/2022/12/08/hearing-officer-rules-yellowstone-county-committed-unfair-labor-practice/ Published and (C) by Daily Montanan Content appears here under this condition or license: Creative Commons CC BY-NC-ND 4.0. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/montanan/