Nov. 13—MORGANTOWN — The Monongalia County Commission stated in unequivocal terms Wednesday that it will not negotiate with the United Mine Workers of America.
The statement is an affirmation of the position the body first expressed in May and the commission’s first comment on the issue since a Sept. 26 vote in support of UMWA representation by Monongalia County Assessor’s Office staff.
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 interests of the county, our employees or our citizens.”
In case any ambiguity remained, the letter concluded: “The commission does not recognize and will not recognize UMWA as the collective bargaining representative for the appraiser’s firm employees.”
The county once again pointed to West Virginia Code 18-5-45a, which reads in part: “Government employees in West Virginia shall 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 unlawful.”
Committee Chairman Sean Sikora read the letter. Payton was one of the UMWA representatives in attendance.
Sikora noted that the cited code section is based on the West Virginia Supreme Court’s decision in Jefferson County Board of Education v. Jefferson County Education Association (1990).
The committee’s letter further stated: “Although government employees may decide to support an organization, that does not give that organization the right to represent government employees for the purpose of collective bargaining. The committee is not prepared to voluntarily give representation rights to third parties. organizations when these rights are not expressly provided by the statute of the Supreme Court of West Virginia.”
After the meeting, Payton recalled his Oct. 30 comments in which he claimed the commission waited until after the Nov. 5 election to make its position known.
The union endorsed Republican MaryAnn Folz against incumbent Democrat 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 have been open and honest from the beginning and said that ultimately they should just say they are anti-union and anti-labor,” he said.
Payton says the laws cited relate to public education and the commission could choose to honor the wishes of employees in the assessor’s office.
“You know they hide behind the law, and they did that until after the election to help their good old boy stay in power,” he said. “I really 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 leaving. This is not the end.’
In other provincial news, internet providers Comcast, Frontier and Prodigi have responded to a request for proposals for a broadband project intended to fill the gaps left by a $17.8 million broadband expansion effort currently underway between the commission and Comcast.
The committee is putting the 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. The design of that project is expected at the end of 2024.
ARPA funds must be obligated by December 31st.
Finally, the committee adjusted its holiday schedule, canceling the November 27 meeting and rescheduling the December 25 and January 1 meetings to December 23 and 30.
