Source: The Dominion Post
Date: November 13, 2024
MORGANTOWN — The Monongalia County Commission declared in no uncertain terms on Wednesday that it will not negotiate with the United Mine Workers of America.
The statement is a confirmation of the position first articulated by the body back in May and the commission’s first comment on the issue since a Sept. 26 vote in support of UMWA representation by employees of the Monongalia County Assessor’s Office.
In a letter to UMWA General Counsel Kevin Fagan and UMWA International District 31 Vice President Michael Payton, the commission reiterated its belief that third-party representation “is not in the best interest of the county, our employees or our citizens.”
In case any ambiguity remained, the letter concluded, “The commission does not and will not recognize the UMWA as the collective bargaining representative for the employees of the assessor’s office.”
The county once again pointed to West Virginia Code 18-5-45a, which reads, in part, “Public employees in West Virginia have no right, statutory or otherwise, to engage in collective bargaining, mediation or arbitration, and any work stoppage or strike by public employees is hereby declared to be unlawful.”
Commission President Sean Sikora read the letter aloud. Payton was among the UMWA representatives in attendance.
Sikora noted the code section cited is based on the West Virginia Supreme Court ruling in Jefferson County Board of Education v. Jefferson County Education Association (1990).
The commission’s letter further stated, “While public employees may decide to support an organization, that does not give that organization the right to represent public employees for the purposes of collective bargaining. The commission is not willing to voluntarily give representational rights to third-party organizations when those rights are not expressly provided by the statute of the West Virginia Supreme Court of Appeals.”
Following the meeting, Payton recalled his Oct. 30 comments claiming the commission was waiting until after the Nov. 5 election to declare its position.
The union endorsed Republican MaryAnn Folz in her run against Democrat incumbent Tom Bloom. Bloom defeated Folz 21,595 to 18,213 to claim a third six-year term.
“It’s exactly what I told you and what we predicted. We’ve been open and honest and up front from the beginning that eventually they would just have to say they’re anti-union and anti-worker,” he said.
Payton says the laws being cited pertain to public education and that the commission could choose to honor the wishes of the employees in the assessor’s office.
“You know they’re hiding behind the law, and they were hiding until after the election to help their good old boy stay in office,” he said. “I truly don’t know what to say from here, but I can tell you that we will not stop until their voices are heard. We’re not going away. This is not the end of it.”
In other county news, Internet service providers Comcast, Frontier and Prodigi have responded to a request for proposals for a broadband project aimed at filling in the holes left after a $17.8 million broadband expansion effort currently underway between the commission and Comcast.
The commission is putting its remaining $1.25 million in American Rescue Plan Act dollars into this smaller, secondary project.
It put $5.98 million in ARPA funds into the larger broadband plan, which is expected to connect 2,175 unserved and underserved homes and businesses in all parts of the county over the next two years. Design of that project is expected by the end of 2024.
ARPA funds must be obligated by Dec. 31.
Lastly, the commission adjusted its holiday schedule, canceling its Nov. 27 meeting and moving its Dec. 25 and Jan. 1 meetings forward to Dec. 23 and Dec. 30.
