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Nazareth, Pa., United States

Thursday, August 15, 2019

Will NorCo Council Penalize Probation Officers For Leaving Union?

Most employers, even public employers, hate having to deal with unions. It's easy to screw a lone employee. That gets a lot harder when he has the legal protections afforded to a collective bargaining unit. There really is strength in unity, and I've seen it firsthand. But yesterday was the first time I saw a public employer try to stick it to a group of workers simply because they have no union. That's what two Northampton County Council members want to do to its 64 court-appointed professionals, who consist mostly of probation officers and court reporters. Will they succeed? We'll find out when County Council convenes tonight. Let me fill you in.

Northampton County's court-appointed professionals were represented by AFSCME, but that never made any sense. This is because they serve at the pleasure of the court, and no union can protect them if a judge decides to can one or all of them for any reason, even a bad one. That's the nature of at-will employment.

Last year, 30% of the court-appointed professionals petitioned the Pa. Labor Relations Board (PLRB) for decertification of AFSCME, their bargaining unit. An election was scheduled, but the union read the tea leaves and decided to throw in the towel. It was basically an amicable divorce. On January 21 of this year, the PLRB decertified the union.

It was around this time that Executive Lamont McClure successfully negotiated six union contracts. He claimed he wanted to follow the same pattern for one and all. This consisted of a step increase (4 1/2%) in the first year, followed by two percent raises in Years two and three. Corrections officers would later insist on binding arbitration, and made out a little worse than if they had just taken McClure's offer.

What about the court-appointed professionals? Exec McClure recently decided to recommend that they get a two percent payhike like other career service employees. But the raise only goes into effect on July 28 instead of being effective at the beginning of the year, like it was for all other career service employees.

McClure's recommendation was considered by Council's Personnel Committee last night. Peter Nebzydoski, a probation officer with the county for the past 10 years, asked Council to make the payhike retroactive to January 21, the date their union was decertified. He certainly works hard enough. He has a case load of 234 people. But two council members - Bill McGee and Kevin Lott - who are or were union agents, basically told Nebzydoski that he should have stayed in a union and must now pay the price for his stupidity.

Not all of Council feels this way. Saying he agreed with Nebzydoski, Council member John Cusick argued that the payraise be made retroactive until the beginning of the year. This would cost the county a grand total of $69,982.

That's too much for Northampton County Council member Kevin Lott, who is still listed as Business Agent for the Lehigh Valley Carpenters' Union.

"They made the choice to leave the union and that was their choice," he said. "They could have stayed there and got what was offered. Now the employees are coming back six months later and are saying, 'Forget your budget. We made a choice but we don't really like that choice' ... I think there was [sic] some bad choices made by employees here." He concluded by saying they made a mistake and would have to live with the consequences.

Pretty clearly, Lott wishes to penalize a class of workers for exercising their right to leave a union. "They didn't see the big picture here," he said, which I translate as meaning they should have stayed union.

Council member Bill McGee, who just happens to be the Business Agent for the Insulators' Union, echoed Lott "They did make a choice."

It is unlawful for union agents to threaten economic harm to employees who desire to decertify. In this case, union agents Lott and McGee are doing more than threatening these workers. They are imposing an actual economic hardship. They both seem to have forgotten that they are on Council to serve the public, not the unions.

"What we're asking for is just to be fair," said Nebzydoski, noting that all other career service employees received a two percent hike at the beginning of the year.

Will County Council relent and make this payhike retroactive? We'll find out tonight.

32 comments:

Anonymous said...

So wait, why are you up Lott and MaGee's asses? You write that McClure made the date July and not January, did you ask him why? Sounds like your hero created this by "punishing" these employees for some reason. Maybe McClure is doing the Unions bidding.

Sounds like all this could have been avoided if the Admisntration used the January date. Did McClure explain why he refused to do that?

Anonymous said...

When union supporters try to understand why their numbers shriveled and why "union job" is a running joke among the overwhelming majority of Americans, please reread this post.

Anonymous said...

Why should the receive retroactive pay, it’s no hardship they are still receiving pay, they now are at will employees, did the judges ask for them to be paid retroactively? No, so why should County Council do it?
I don’t think this is a union or non union debate, I think this is just fair and prudent

Anonymous said...

I'm a union member and pay dues for the expected "better" bargaining agreement. These people wanted to become at-will employees and are now subject to the pitfalls of being such.
They can be given no pay raise, if that is the will of management (Council). If they get a pay raise that isn't retroactive, that's just one of those pitfalls and they shouldn't complain. They are now seeing extra money in their paychecks because they aren't paying those union dues.

Anonymous said...

I side with the union goons on this one. Elections have consequences and the goons got elected. These employees are lucky their tires haven't been slashed, their families haven't been threatened, and they're still walking on two legs. That's how unions roll and these government employees got off easy with just an insulting talking-to. Now, everybody back to work at half the productivity of the private workforce! You have expectations to miss!

Anonymous said...

Ken kraft is behind all of this , he is the big union guy...You people are so f.... stupid to put up with this....

Anonymous said...

Lott and McGee are doing the public/tax payers a favor saving them 70 thousand dollars because these fools made a bad choice and dropped their union

Anonymous said...

I agree with 5:40, the council's job is to get the best deal for the taxpayer.

Anonymous said...

what do you mean? what does he have to do with are contract

Anonymous said...

The former union members are already being paid LESS than the career service employees at the same pay grade (Thank you Union for that). Your correct, a choice was made by the former union employees. Council doesn't have to pay retro. It isn't a true 70,000 since a good portion would not come out of the County budget (State reimbursements).

I'm currently paid approx. $8,000 less than other career service employees at the same pay grade. Again, thank you AFSCME. Even without the retro it was a good decision to decertify. Clarification: We were "At Will" employees even with the union contract.

Bernie O'Hare said...


So wait, why are you up Lott and MaGee's asses? You write that McClure made the date July and not January, did you ask him why? Sounds like your hero created this by "punishing" these employees for some reason. Maybe McClure is doing the Unions bidding”


I saw the memo asking McClure to award the two percent payhike, which was presented t the end of July and signed then.so he approved what other career service workers got. I do not think he thought about making it retroActive. I believe it is unfair To tag him over what may have been an oversight. But if he is for screwing these workers, my criticism applies to him too.

Anonymous said...

They're probably illegal residents as snover would say...

Anonymous said...

Public unions ain't yer daddy's unions. Big difference between publics and privates. Big difference. Publics are a subsidized Democratic Party voting block. Same team on either side of the table. Publics in PA are getting screwed by Wolf and environmental crazies who know privates (who were kicking ass in the energy sector pre-Wolf) are a dying breed and the smarter electoral path is buying public employees, who provide a better return on investment.

Canary said...

How much did the former employees save in dues by leaving? How does that compare to the 2% raise?

Question for the union agents on council: Will you promise to take as hard a line when negotiating with employees who are still in unions?





Anonymous said...

@9:09am
Sheriff and jail Union Employees are predominantly registered Republicans so how does this make it a HUGE Democratic voting block? Please explain

Anonymous said...

If you are non union you're just a scab waiting to be fired at some point for doing nothing but existing or when the mood strikes them to be done with you. A union is like an insurance policy...yes it costs you but when you need it you are better with it then without it!

Anonymous said...

How about mentioning the AFSCME was a significant contributor to the McClure campaign?

Bernie O'Hare said...

McClure has never hidden from the accusation that he is pro-union. He embraces it. The amount he received from AFSCME is very small compared to the money that come in from other unions.

I believe he acted consistent with the way he treated other career service workers. He signed the raise in the middle of the year, and fundamental fairness dictates it should be retroactive.

Anonymous said...

If I wanted to teach the scabs a lesson, I'd sign the raise mid-year to avoid any requirement for retroactive pay. I'd bet that's exactly what happened here. It's important to stay on the reservation. Wanderers will be punished, as we're seeing here. There's not one surprising detail in this story.

Anonymous said...

6:03 They were at will employees, that's why they dropped the union! Read the article first, then comment. You and the other pro union/union members commenting here are making the point for 5:27 "union job" is a running joke. I have two family members who are union members. The running joke in the family is if it wasn't for the union the both of them would be unemployable!

If you want special treatment join a club and pay dues. The rest of us who are confident in our abilities, know our jobs and have some pride will let our work speak for itself.

Bernie, good job on shining some light on these two. I wouldn't expect anything less than adolescent behavior from the union hall flunkies.

Anonymous said...

Anon6:03 Okay now they are "At will employees" who can't fight for their fair compensation! Had they continued to stay in the union they would still be at will employees BUT they would have their fair compensation.

Anonymous said...

Sorry O'Hare. Your job may be to cover for McClure but this is at his feet. The people now know that No decision is made in that Admisntration without his approval. He decided to screw these people for some reason. h
He set the date so get him to change it. Attacking anyone lese is bullshit.

Anonymous said...

"Never wrestle with a pig. You get dirty, and besides the pig likes it".

Anonymous said...

McClure's giving them a rather mild swat. Given unions' history, they're lucky their homes weren't torched. This was calculated. But you got off easy in the final analysis.

Norma Rae

Anonymous said...

Your correct, a choice was made by the former union employees. Council doesn't have to pay retro. It isn't a true 70,000 since a good portion would not come out of the County budget (State reimbursements)."

*whispers*....that's still taxpayer money

Anonymous said...

The running joke in the family is if it wasn't for the union the both of them would be unemployable!

Sounds like you have a great family.

Anonymous said...

unions are for pussys

Anonymous said...

"unions are for pussys"

Why not go down to the Iron Workers Hall and explain that.

Anonymous said...

*Whispers*

I was referring to the County Budget since that is what the COUNTY Council is concerned about.

Anonymous said...

8:11 Family by marriage, but I thought it would be petty to mention that. Unfortunately I have blood relatives that are embarrassments. I guess your family fell right out of a Norman Rockwell painting? I'm betting you are a union hall guy with a bruised ego because of this article. If you ever worked a blue collar non-union job next to union hall guys you would agree. Most unions encourage mediocrity. Power in numbers even when some of those guys are nitwits who would have been culled from the non-union shop long ago.

Canary said...

A few weekends ago, a union member who was out until the wee hours told me he couldn't wait to be back at work on Monday so he could get some rest.

Anonymous said...

The commissioners were not union agents for the employees, you're wrong