‘Nothing has been done.’ Jail union files state labor complaint against Lexington.
The union that represents more than 500 Fayette County Detention Center employees has filed a complaint with state labor officials accusing Lexington of unfair labor practices, including retaliation against union leadership and using involuntary transfers to discipline employees.
The more than 600-page unfair labor practices complaint also alleges the city has repeatedly and unfairly withheld information from the Fraternal Order of Police Town Branch Lodge #83, refused to comply with the grievance procedures outlined in the collective bargaining agreement and unfairly manipulated the promotion process.
The complaint asks an administrative law judge to order the city to cease and desist all “unfair labor practices” and submit periodic updates to the Kentucky Labor Cabinet.
An official with the Kentucky Labor Cabinet said Thursday they have not yet received the complaint.
In September, the union took the unprecedented step of voting “no confidence” in Fayette County Executive Director Steve Haney and assistant director Harold Byrne. It also released results of a survey of jail employees that showed morale are at an all-time low because of excessive overtime and numerous disciplinary actions.
“This is the next step because nothing has been done,” said Michael Harris, president of the FOP Town Branch Lodge #83.
Mayor Linda Gorton has gone to the jail twice to talk to employees since the no confidence vote, Harris said. Gorton has not communicated with union leadership on any possible changes to address the union’s concerns, Harris said.
Gorton had recommended the city use $40,000 from a $3.8 million surplus to hire a consultant who will develop an operations plan and for marketing to help with detention center recruitment. The Lexington-Fayette Urban County Council ultimately decided Tuesday to put the $40,000 into savings and will wait to determine if a consultant is needed after a January committee meeting where the union and other detention center employees are expected to testify.
Gorton said she has previously asked the state Department of Corrections to remove state inmates who are serving their sentences in the jail in an effort to reduce overcrowding.
Harris said conditions at the Old Frankfort Pike detention center have continued to deteriorate since September.
“I’m down 58 people today,” Harris said of turnover at the facility.
Harris said the city has tried to recruit more people to work there, but retaining workers has been difficult.
“We don’t have a recruiting issue alone,” Harris said. “We have a retention issue. We are hemorrhaging people out there.”
Independent arbitrators have sided with the union on its last seven grievances, filed when the union and management can’t agree.
Susan Straub, a spokeswoman for the city, said they have not had time to look at all of the allegations in the complaint.
“We just received it today and haven’t had time to review it,” Straub said late Tuesday.
The complaint alleges a host of issues and problems, including:
▪ Members of the union have been subjected to increased scrutiny and repeated discipline without lengthy suspensions.
▪ Sgt. Steve Parker, a past president of the union, faced multiple disciplinary actions since January 2018 despite a previously blemish free record. Even after an arbitrator ruled Parker’s discipline should be overturned, management at the jail continued to issue disciplinary actions against Parker for infractions, such as paperwork not being completed properly and failing to take his breaks.
▪ The process to promote sergeants has been changed and manipulated to exclude union members and include candidates who should have not have qualified. People who have received disciplinary actions are not eligible for promotion to sergeant but two such people qualified and were scored highly. The union asked to see the scoring and other materials used and was denied the information. The management promoted the two employees with disciplinary problems despite a pending grievance, the complaint alleges. An arbitrator ruled in the union’s favor and ordered the city to turn over all documents related to scoring the sergeants. The union only got redacted scoring sheets, it alleged.
▪ The union alleged management uses involuntary transfers to deal with alleged misconduct even though the collective bargaining agreement and two separate arbitrators have said management can’t use involuntary transfers as a way to circumvent disciplinary procedures.
This story was originally published November 13, 2019 at 10:30 AM.
