State Employment Relations Board rejects dueling unfair labor practice allegations by UAW, JFS in ongoing strike

The State Employment Relations Board has dismissed dueling unfair labor practice charges filed by and against Lorain County Job and Family Services against and by striking employees in United Auto Workers Local 2192. SERB officials issued their rulings Tuesday. Investigations found "no probable cause" that any of the parties broke state labor laws. Both sides declared victory over their rivals in statements provided to The Chronicle-Telegram. Union allegations dismissed A week into its strike, the union alleged that the county engaged in "surface bargaining" — going through the motions without the intent to reach an agreement. It also alleged that JFS sent representatives to the bargaining table with no authority to make decisions and that the county declared an impasse when the union was still willing to bargain, according to SERB and prior Chronicle-Telegram reporting. "The union did not provide sufficient information or documentation to show how the employer's actions interfered with, restrained or coerced the union in the exercise of its ... guaranteed rights," a SERB official wrote. Instead, a lawyer representing the county said he had to meet with commissioners after the union "proposed wage increases well outside of the wage increases outlined" by a neutral fact-finder in a report dated Jan. 12 and rejected by JFS. The union also never submitted that neutral fact-finder's report to its members for a vote, SERB said. Also, the county gave the union its last, best and final offer on Feb. 10. The union's Feb. 13 response to that "did not contain any request to bargain, (nor) counterproposals, nor did it contain any questions" about that offer. The union also did not send that last, best and final offer to its members for a vote and made continued demands for wage increases, SERB wrote. That left the county and JFS to believe there was "no realistic possibility" that negotiations would lead to a new agreement, SERB wrote. SERB "REJECTED the UAW's unfounded allegations" commissioners wrote in a statement Tuesday, and that "recognizing that an impasse has occurred, county representatives did negotiate in good faith, and there is no legal duty to bargain further with the UAW." For nearly six months, union members have spoken at commissioners' biweekly meetings and asked that the county return to the bargaining table. In response to a request for comment from The Chronicle-Telegram, Local 2192 noted that SERB also noted while "there is no duty/requirement to bargain following the lawful declaration of impasse, there is no legal prohibition against it either, if the parties mutually agree to engage in voluntary, post-impasse bargaining or mediation." County allegations dismissed The county had alleged that the union engaged in "direct dealing" or attempted to force the county to engage in direct dealing — bypassing designated negotiators, which is a violation of state labor laws. The county had alleged that Gina Jones, JFS chairperson at UAW Local 2192, approached JFS Deputy Director Dan Petticord on Feb. 17 — the day before the strike began — and allegedly attempted to bargain over wages, hours, terms and conditions of employment. Not true, SERB wrote. Though the parties "have conflicting versions of the events" surrounding that conversation, Petticord admitted in an affidavit that he asked Jones "what the union was looking for" and Jones responded that the union wanted $1 per hour equity pay increases, full retroactive pay and no changes to healthcare coverage and premiums. The parties hadn't met or negotiated since Jan. 28 and the county had given its last, best and final offer to the union a week before, SERB said. "Negotiation" is defined "as the submission of an offer as to a term of an employment agreement, but in this matter, neither party provided evidence to show that an offer was submitted," SERB wrote. Members of Local 2192 have been on strike since Feb. 18. Many are picketing the County Administration Building in downtown Elyria and outside JFS headquarters on North Ridge Road in Elyria Township. At just over six months, it is believed to be the longest public sector employment strike in state history. In their statement, commissioners wrote that Lorain County residents "deserve uninterrupted access to the essential services provided by Job and Family Services, and JFS employees deserve fair compensation and for their concerns to be addressed." "The commissioners remain committed to achieving both objectives. Now that SERB has spoken on the matter, we hope that the UAW will listen and encourage members to return to work," they wrote. The union noted that SERB said commissioners may still meet and negotiate with striking workers during the strike. The union's message is that it "remains willing to meet, discuss, and exchange proposals in good faith in pursuit of a fair successor agreement," Local 2192 said in a statement emailed to The Chronicle-Telegram. Contact Dave O'Brien at dobrien@chroniclet.com