EASTON, Pa. – Northampton County Council voted Thursday night to create and remove jobs at the county’s Juvenile Justice Center, setting up a fight with the union representing the center’s frontline employees.
- Northampton County Council eliminated 20 frontline jobs at the Juvenile Justice Center, and created 13 new assistant supervisor positions
- Representatives from the American Federation of State, County and Municipal Employees said the change violated labor laws
- Administrators for the center have been locked in a dispute with AFSCME over salaries for youth care workers there
The measure, approved by a vote of 7-2, removes 20 jobs for youth care workers — the frontline employees directly responsible for the center’s residents — and creates 13 new positions for assistant supervisors.
The deleted positions were represented by the American Federation of State, County and Municipal Employees (AFSCME). Union leaders sent a notice arguing that the new assistant supervisors should remain in the bargaining unit; court administrator J. Jermaine Greene Sr. disagrees.
Administration concerns
In a letter to Greene, county Human Resources Director Mary Lou Kaboly wrote the plan would run afoul of a state law guaranteeing public-sector employees the right to collective bargaining.
“Any effort to transfer, remove, or otherwise alter the bargaining unit without first negotiating… will be subject to reversal by the Pennsylvania Labor Relations Board,” she wrote, adding that she believes the new positions don’t qualify as supervisors as labor regulations define it.
“We remain concerned that even presenting the proposal to the [county council’s] personnel committee for action — which compels a unilateral reclassification of these workers without prior negotiations — may result in the filing of an unfair labor practice” complaint.
“I've heard from Mr. Greene, every time he comes here, a distaste for the union. Mr. Greene's concern is about locking the union out of the courthouse more so than staffing.”Kevin Lott, Northampton County Council
Greene disputed her assessment at the personnel committee’s Wednesday meeting, arguing that because the positions he eliminated have been unfilled for more than a year-and-a-half, and because the new positions would be supervisors, assistant supervisors would fall outside the union’s reach.
“If the union or the administration wants to file a petition, it would go to the labor board, they would review the job duties, and then they would make a decision and clarify where [the workers] belong,” said Greene.
'Circumventing the process'
As soon as the proposal came up for a vote, council members Kevin Lott and Tara Zrinski moved to table the discussion, citing their opposition to the proposal.
“I've heard from Mr. Greene, every time he comes here, a distaste for the union,” Lott said. “Mr. Greene's concern is about locking the union out of the courthouse more so than staffing.”
Lott also criticized the high ratio of supervisors to employees the changes would create. Greene said he is not trying to interfere with AFSCME, only to get more staff in the Juvenile Justice Center.
“It does on the surface look like this is circumventing the process,” said Zrinski. “It’s hard to put together why these wouldn’t be union positions.”
Support from majority of council
The other seven members of council largely dismissed the possibility for a complaint to the Pennsylvania Labor Relations Board as outside of their purview, and focused on the possible benefits to operations at the Juvenile Justice Center.
“It's our responsibility sitting on this council to help solve problems, and I have seen Mr. Greene come here since my first couple meetings here on council,” Commissioner John Goffredo said.
“We're trying to fill the gap until the labor board can then rule on these positions. I don’t understand the issue with that – I didn't swear an oath to the union.”
“My concern is never to bust the union. However, that's not our issue,” said Commissioner Lori Vargo Heffner. She added that the county’s ongoing contract negotiations with AFSCME are “not my business. My business is getting you staff.”
County Executive Lamont McClure said he intends to get the center’s administrators what they’re asking for, and enter negotiations with AFSCME officials over the new positions once a longstanding dispute over a new contract for youth care workers is resolved.
During his report to council at the beginning of the meeting, McClure announced he had finally secured a date for contract negotiations to go before an arbitrator for a ruling in the contract dispute: June 29.
