By Jim Cline and Sam Hagshenas
In Franklin County, the PERC Examiner ruled that the County had intentionally interfered in a dead-heat election between two bargaining units, warranting a rerun of the election and an award of attorney’s fees to the aggrieved bargaining unit. The Examiner also found the actions to be so flagrant as to warrant an order requiring the payment of attorneys’ fees.
This matter arose from an election between the Franklin County Corrections Guild/Washington Fraternal Order of Police (FOP), and the incumbent bargaining unit, Teamsters Local 839 (Teamsters). The first election resulted in a tie, necessitating a runoff. Before the runoff, employees were given the opportunity to attend a free pizza lunch hosted by the FOP’s attorney Dan Thenell.
At this pizza lunch, the Thenell gave what was described as a “commercial for the FOP.” There were discussions regarding the FOP’s benefits, and a question and answer about becoming an FOP member “by way of representation.” Part way through, a police commander entered the room and joined the discussion, talking about the benefits he felt the FOP’s legal defense fund had provided him during an on-duty shooting.
Although the County’s representatives noted at this lunch meeting that they were not endorsing any specific election outcome, their command staff apparently had serious issues with the Teamster’s business representative, who was functionally barred from visiting bargaining unit members inside the jail facility, despite an arbitration decision and Superior Court order against the County on this issue. On the election rerun, the FOP won by two votes.
The Teamsters argued that the County had impermissibly interfered in and tainted the election. The County argued the Teamsters could have also held a similar lunch and info session if requested and continually asserted that they were never advocating for a particular election outcome.
The PERC Examiner ruled in favor of the Teamsters, finding that the County had ignored the strict neutrality required by PERC and had intentionally interfered in the election. The Examiner found the County’s arguments were obviously pretextual and highlighted the County’s pattern of disdain for their collective bargaining obligations.
The Examiner ordered a rerun of the election and awarded attorney’s fees and costs to the Teamsters, finding that this was necessary as the County’s misconduct was flagrant:
“The severity and effect of the misconduct, the meritlessness of certain employer arguments, and the employer’s pattern of disdainful disregard for its obligations under state collective bargaining law, combined, persuade me that fees are necessary to effectively enforce employees’ rights and ensure future compliance.”
The Examiner also required the County to allow the Teamsters to hold a similar lunchtime meeting upon their request prior to the rerun election.
The Teamsters also sought that extraordinary remedies be imposed on the Washington FOP but the Examiner noted that the FOP hadn’t technically been named in the complaint, a technicality that likely saved the FOP. The pizza delivered with a “commercial” in the midst of compelled employer training appears to be just one in a series of FOP missteps in managing basic election petitions and representation efforts.
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