PERB UPHOLDS DECISION AGAINST MONROE COUNTY; CALLS COUNTY CONDUCT "DESTRUCTIVE"

Rochester, N.Y.--

In August of 2009, CSEA employees of Monroe County received a victory when Monroe County was ordered to destroy the results of a poll it conducted to determine union interest among part-time employees. The County immediately filed an appeal which cost the taxpayers an enormous sum of money. Today, we received language that details the PERB's decision on that appeal. This is what it said in part:

Based upon our review of the record, we conclude the County's conduct in this case of soliciting, polling and surveying of unit members regarding whether they wish to continue to be represented by CSEA constitutes conduct inherently destructive of the rights of organization granted by §202 of the Act. Furthermore, the record reveals no evidence that the County had a legitimate purpose under the Act and our Rules to engage in such conduct. Therefore we affirm the ALJs finding that the County violated §209-a. 1 (a) of the Act.

The County has been directed to issue a Notice to all Part-Time employees of this decision. Additionally, the Monroe County employees of CSEA want to publicly thank CSEA attorney Paul Bamberger for his outstanding leadership and commitment to our member's cause.

Without a doubt, the County will try to appeal this decision as well. However, CSEA will meet any appeal they make with truth and transparency. It has been proven in courts of law that the County has continuously acted in bad faith. This has been documented so far by the Administrative Law Judge, The PERB Board and the NYS Supreme Court (by granting injunctive relief).

CSEA has a simple "ask" on behalf of the thousands of county workers who deliver the high level of services our citizens expect each day-- to meet at the bargaining table in good faith so we can compromise on a fair agreement for all the parties involved.

As you might remember, in her 24-page decision released on August 12 of 2009, Administrative Law Judge Jean Doerr determined that the poll issued on May 19, 2009 was an improper attempt to undermine union support.

After all of these rulings, County administrators and the outsourced county attorneys who are working on the taxpayer dime continue to say the surveys were lawfully conducted.

The County's poll was designed not to ascertain majority support but to reveal the union sympathies of part-time employees, and, as such was improper. PERB required the County to cease and desist from interfering with part-time employees' union activities, destroy the results of the poll and post a public notice to employees announcing the PERB decision.

At that time, Robert Leonard, the Labor Relations Specialist for the CSEA Monroe County workers, said he was pleased but not surprised by the 2009 ruling and today's remarks. He called the county action a blatant violation of the Taylor Law.

Nearly 2,200 full and part time county employees represented by CSEA have been working without a contract since December 2008. Negotiations for full-time employees reached an impasse and are still in mediation. Negotiations are in the "fact finding" stage for about 230 part-time employees as well.