Who's at fault? Labor union, delegation point fingers over failure of deputy union bill
A national labor union leader is speaking out after a local bill sought by Washington County Sheriff's Office deputies and correctional employees was not drafted in time for state legislators to consider it during this year's Maryland General Assembly.
The bill — which would have allowed sworn deputies, correctional officers and support staff to organize and participate in collective bargaining — was not submitted to the county delegation by the county attorney in time for drafting, according to Del. Bill Wivell, R-Washington.
In emails between Wivell and National Correctional Employees Union Executive Director Bill Doyle provided to The Herald-Mail, Wivell said that the delegation normally doesn't submit county legislation without a formal request and vote by the local board.
The county board of commissioners did not vote to support the legislation until Feb. 8, while the deadline to ensure the bill was drafted in time, known as the internal bill drafting request guarantee date, was Jan. 18.
Wivell added that the he did not receive the collective bargaining proposal from the county attorney until Feb. 2, stating that he forwarded it to the Department of Legislative Services for drafting the next day — where it stayed for the remainder of the session.
However, Doyle emailed to the delegation on Jan. 18 potential draft language similar to Frederick County, Md., which includes deputies, correctional officers and civilian employees having the right to organize and bargain collectively.
When asked about the outcome of the local bill, Doyle said he was left "disappointed."
The National Correctional Employees Union also known as the NCEU, which represents approximately 2,000 correctional officers in the United State, had been in contact with county officials since last fall.
The NCEU filed a "Petition for Representation" with the county board of commissioners in September, seeking to be recognized as the exclusive representative of county correctional personnel.
The Fraternity Order of Police also known as FOP, a national organization committed to improve work conditions for law enforcement officers, had requested to be a collective bargaining agent for county sworn deputies as well. FOP Lodge 150 represents 73 of the 90 sworn deputies in the county, according to a previous report.
However, state law requires certain counties, including Washington, to get approval from Annapolis for the sheriff to engage in collective bargaining.
In an email exchange from County Attorney Kirk C. Downey on Oct. 7, Downey wrote, "the Maryland General Assembly has not granted authority to the Washington County sheriff to engage in collective bargaining. Therefore, the sheriff and the board of county commissioners are without legal authority to recognize or acknowledge the Petition for Representation unless and until the Maryland General Assembly grants authority to the sheriff to collectively bargain."
Downey added in his letter that the county board of commissioners had no reason to believe the local bill would not pass in the 2022 General Assembly session.
More: Washington County commissioners back bill that would allow sheriff's deputies to unionize
How did we get here?
On Nov. 9, County Sheriff Doug Mullendore introduced the local bill to the county delegation at Hagerstown Community College during the delegation's pre-legislative forum.
According to a previous Herald-Mail report, Wivell said that Mullendore needed to have the county commissioners show their support through a vote during an open session before the bill could be presented in the upcoming General Assembly.
Mullendore said previously that he was not made aware of bringing the local bill to the county commissioners until Jan. 27. But he also noted that he is an elected official and the commissioners do not have authority over him negotiating with his employees.
Wivell said previously in a telephone interview that the delegation always looks for the county commissioners to have a formal vote to support, or not support, a local piece of legislation introduced in the General Assembly.
More: Local bill sought by Washington County Sheriff's Office deputies went nowhere in legislative session
"It wasn't intentional … on anyone's part," Wivell told The Herald-Mail in a recent telephone interview. "It just got hung up in (the Senate Rules Committee)."
Sen. Paul Corderman, R-Washington, who also exchanged emails with Doyle, told The Herald-Mail in a telephone interview that he thought there was a communication issue with the groups interested in pursuing legislation, county officials and Wivell.
"It's something that could have been submitted in a more timely manner," Corderman said. "Because, by the time anything was received, it was well past any opportunity to have any type of success."
Corderman added that he's happy to have any conversation with any group before the next session in January for whatever the delegation can do to support first responders.
Perplexed and disappointed
Doyle, the NCEU executive director who is also holds elected office in Maine, said he was "perplexed" by the response of some of the delegation members.
"It's disappointing for us as a union that the delegation members are kind of insistent that the commissioners have to request … for them to change the laws to get their constituents and members … that are working hard for the county of Washington …collective bargaining rights," Doyle told The Herald-Mail in a telephone interview.
Doyle added that the local bill isn't "reinventing the wheel." Similar pieces of legislation exist in other counties, according to Doyle, noting the Frederick County example.
Civilian and non-civilian employees of the sheriff's department shared interest in the legislation. In March, civilian personnel with the department reached out to the delegation to include language that would include them in the local bill. It was not included in the draft language submitted by the county.
Both Doyle and FOP Lodge 150 President Kevin Klappert said they would be back with the collective bargaining proposal next year. With Mullendore's retirement, the newly elected sheriff will have to request the local bill once more with the county, according to Doyle.
"The NCEU will advocate for collective bargaining rights for … not only the deputies and the correctional officers, but also the support staff," he said.
More: Washington County sheriff to end 3 decades with department in 2022
This article originally appeared on The Herald-Mail: Washington County sheriff's deputies unionization bill filed too late
