The County filed an answer to the amended complaint lodged by Teamsters 223 with the Employment Relations Board today. In summary, the County denies the claims of failing to bargain in good faith. The County further asserts an attempt on the part of the County to bargain as per the Public Employees Collective Bargaining Act after the ULP was filed by the Union.

Notably the Union complaint lists December 31, 2008 as the first notice from the County of layoffs. The County agrees with this statement as shown below begging the question, what was Kevin talking about when he claimed at the IBO luncheon recall debate that on December 26 ‘individuals had been notified’?

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The County is listing as part of its defense a failure on the part of the media to correctly interpret his statements. The complaint alleges bargaining unit work was reported to be given over to non bargaining unit employees, primarily management. That count of the complaint jives with my notes taken during a phone call with Kevin wherein he told me his foremen would take over patrolling roads, etc.

The complaint indicates the…

Union did not demand to bargain over the layoff because the County’s notice stated that the County was conducting a layoff and following the previously-bargained provisions of the Agreement concerning a proper layoff. The County did not provide notice to the Union at any time that the County intended to contract out the bargaining unit work.

Also filed is a motion-to-quash a subpoena filed to review the tapes and notes executive sessions relating to the layoff of twenty two members of the road department.

An interesting side note. The minutes for the December 16, 2008 budget work session wherein Kevin famously requested no recording be made AND a subject of the subpoena, were not approved by the Board of Commissioners until May 6, 2009, six days before the motion to quash was filed. (I have been told Bob Main, not a commissioner December 16, was not present on May 6 and so did not get to vote to approve the minutes).