The Potomac Highlands Dispatch - the online newspaper

Sheriff says law allows only one union
Robertson makes plea to commissioners after representative of second
union offers petition to represent officers with the Bureau of Police

By The Potomac Highlands Dispatch
CUMBERLAND, Dec. 30 -- Allegany County Sheriff Craig Robertson said Thursday during a public meeting that state law allows the sheriff to recognize only one union for collective bargaining.

Right now, that union is the American Federation of State, County and Municipal Employees, Robertson said. His comments to the Allegany County Board of Commissioners followed a presentation from Ron Smith, labor relations specialist with the Maryland Classified Employees Association - an alternative bargaining unit - petitioned the commissioners to represent the officers with the Bureau of Police.

Looking forward, the issue could potentially cause a delay in the reunification of the sheriff's office since its August 2008 split, when then-commissioners Jim Stakem, Dale Lewis and Bob Hutcheson transferred road patrol duties to the newly expanded Bureau of Police.

Robertson read from the Annotated Code of Maryland Section 2-309, subsections 7(ii) and 7(iii), which state that "the sheriff shall meet with the labor organization ..." and that "deputies, officers and civilian employees of the sheriff's office, including the Allegany County jail, have the right to organize and bargain collectively with the sheriff concerning wages and benefits, hours, working conditions, discipline procedures and job security issues through a labor organization selected by the majority of the deputies, officers and civilian employees."

Robertson read the excerpts with emphasis on "a labor organization" and "the labor organization," both of which, he argued, show room for only one union. However, separate "subcontracts," Robertson said, currently exist for the sheriff's deputies and the detention center's correctional officers. He said he could envision a third such subcontract for Bureau of Police officers relocated under the supervision of the Sheriff's Office - but all under the AFSCME umbrella.

The Bureau of Police officers voted 12-0 on Nov. 16 to seek representation by MCEA. The bureau currently consists of 18 officers. Between Oct. 8 and Oct. 14, 10 officers - 55 percent - signed a "showing of Interest" notice. The Nov. 16 vote was certified by Diane Loibel, administrator for Allegany County Board of Elections.

But Jim Bestpitch, staff representative for AFSCME Local 1521, said any officers transferred under Robertson's supervision "would be under Local 1521."

"AFSCME has exclusive bargaining rights with the sheriff," Bestpitch said. "the last thing we need is to get the sheriff's office involved in more controversy. If the county commissioners act on this petition before the sheriff has time to make his decision (regarding the unification), then that would cause controversy because you would have two unions fighting over the same jurisdiction."

Bestpitch said that approach would likely cost more money and more time and effort at the negotiating table.

Robertson said he is seeking guidance from the state Attorney General's Office on the issue. Commission President Mike McKay directed County Attorney Bill Rudd to look into it as well.

McKay said this latest element is but "another part ... of the puzzle."

Smith addressed the commissioners before either Robertson or Bestpitch spoke. Despite media reports to the contrary, Smith said MCEA was "not trying to make it a tough transition back into the sheriff's department."

"That's not our goal," Smith said. "We want to make sure these gentlemen have representation."

Smith said he wanted the Bureau of Police officers to be treated fairly.