CLARION, Pa. (EYT) – Representatives of the United Mine Workers of America presented questions on Tuesday morning to the Clarion County Commissioners about their willingness to bargain a contract for Clarion County Children and Youth Service (CYS) workers and fears of the commissioners outsourcing some of the caseworker jobs.
(Photo: A group of Clarion County Jail Guards, who are UMWA members, also distributed information sheets questioning the commissioners about negotiations for the CYS contract. Pictured are Micki Fink, April Shumaker, Jeff Bailey, and Susan Risher.)
Commissioner Ted Tharan confirmed that the first negotiation session has been scheduled for November 8 at 10:00 a.m.
CYS Caseworkers selected UMWA as its union in August. UMWA also represents Clarion County Jail Guards and Probation employees.
“We were recognized as representative of the bargaining agent for the CYS employees on June 8,” said Nick Lonetti, UMWA International Representative. “Since that time, the union has proposed 40 bargaining dates, and the county has only agreed to meet with us one time. Additionally, we have filled two information requests that have gone unreturned. The concerns are about the failure to meet in good faith.”
Lonetti said that every time he has attempted to schedule meeting the county is busy, and he feels the process has ground to a halt.
“On top of that, I’ve learned that they are beginning the process of outsourcing the CYS jobs to a for-profit company known as Justice Works,” continued Lonetti. “That was part of my second request for information, and I have heard nothing. How is that going to work — how can a private company do this more cost effectively for the county? How can a private company do this work at a cheaper rate than the county?”
Human Resources Director Trish Douglas outlined the contact with the union regarding CYS concerning the delay in approving meetings.
“Initially, when the union was recognized, they refused to meet because the county employees insisted we pay them while they negotiated on county time,” said Douglas. “We have never done that with any of our unions. They have always taken leave to meet for negotiations. Meeting after work would cost the county more money for nights and weekends.”
“It wasn’t until recently that they finally capitulated to meet during the day during work hours by taking leave. We were trying to work schedules out between a state mediator, a labor attorney, and the union. That can be difficult. To further complicate things, our labor attorney switched companies. He was with one firm and moved to another.”
According to Douglas, unfair labor practices filed by UMWA went nowhere.
“As far as the unfair labor practices, three were filed initially,” said Douglas. “The union filed them incorrectly. so they were all denied. He filed them again, and they were all denied as being unfounded. It’s now at an appeal process level, and there’s no reason to doubt that those will also be thrown out, too. The fourth grievance that was filed was over not having a date to meet, but as commissioner Tharan pointed out, we do have a date on November 8 at 10:00 a.m.”
Justice Works Outsourcing?
The allegations about Clarion County possibly outsourcing caseworkers is a little more complicated, but officials said they are not circumventing current rules that require making those hires off a State Civil Service list.
“We are looking into a contract with Justice Works because the State Civil Service Commission is shutting down for six months,” said Douglas. “That means we cannot hire employees through the State Civil Service. We have five vacancies, and our caseworkers are overworked. This was not done in any attempt against the union. These are positions that have been vacant for months, and on top of that, we have just had three caseworkers approved for Family Medical Leave Act.”
“We can’t hire because State Civil Service isn’t testing, so what other option do we have? Not provide services for the community?”
Director of Human Services Kay Rupert said Civil Service is moving to a different type of testing, and online certification and everything is shut down as they move to a new system.
“We have exhausted the current list.”
Justice Works is a private for-profit company that provides children-related services throughout Pennsylvania.
“It puts the hiring onus on them for trained, qualified people,” said Douglas. “We’re not taking any positions from civil service and turning them over to Justice Works. Justice Works would be paying the new employees more because they don’t have the same level of benefits that we provide.”
Tharan confirmed the county would pay Justice Works and Justice Works would pay the employees like a private contractor. He also stated that Jefferson and Venango counties were having similar problems in hiring CYS workers.
“There are a lot of individuals qualified to do this work that do not go to Pittsburgh or Erie to take a test to get on a civil service list,” said Rupert, Director of Human Services.
“Justice Works doesn’t use civil service, and they can advertise and hire. Having to go and test is a significant drawback to getting county human service employees because they have to be on the civil service list.”
