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LISBON -- An unfair labor practice charge has been filed against the Columbiana County Board of Developmental Disabilities regarding their refusal to recognize the union president, who recently retired.
Through Attorney Stanley Okusewsky III, Deloris Vargo, president of the Columbiana County Developmental Disabilities Employees Association, has filed the claim with the State Employment Relations Board.
The claim alleges that since June 13, 2018, the CCBDD and their representatives have interfered with the rights of the bargaining representative. Additionally, the filing claims the CCBDD failed to bargain collectively with the CCDDEA and allow employees to exercise their rights.
Vargo is the president of the CCDDEA, elected for a two-year term of the position in February 2018. However, around the same time Vargo's position and the position of several others were eliminated.
The CCBDD while complying with new Ohio requirements regarding Conflict Free Case Management has laid off or urged the retirement of many of their employees. The layoffs happened as the CCBDD workshops for clients were closed and the clients sent to privately-run facilities. The CCBDD and other organizations like them around the state are no longer allowed to both manage the Medicaid case management for the clients and provide the services.
Vargo was one of those who had retired during the most recent changes, which closed the facility in Lisbon on June 1, but despite her retirement, the allegations state Vargo remains a lifetime member of the Ohio Education Association.
According to what was filed, Vargo's request for a copy of the board's packet for the June meeting was denied and the CCBDD instead issued the board's packet to the vice-president of the CCDDEA.
At that point, the legal counsel for the CCBDD also reportedly sent an email to Sherri Fowler, the labor relations consultant for the OEA and wrote:
"I understand that [the President] contacted Pam Elkins today asking for the board packet that is to be provided to the union president. The board packet was timely provided last week to the current vice-president of the Union.
Be advised that it is our position that a non-employee cannot conduct union business as an officer of the union. As you know, [the President] retired from employment with the board. Because she is no longer an employee, the board does not recognize her as a union official and will not conduct business with her. The board looks forward to a productive, amicable relationship with an employee representative of the union's choosing, but the board cannot and will not recognize a non-employee as an employee representative of the union body."
The allegations claim the CCBDD is attempting to dictate who can serve as the president of the union. Additionally, the allegations claim when Vargo and the vice president went to file a grievance and deliver the Notices to Cease and Desist, which included the charge of refusing to recognize the union president, the CCBDD Assistant Superintendent Josh Martin and Superintendent Bill Devon both refused to recognize Vargo as the president because she retired. Devon even reportedly told her to leave or he would not accept the documents so they could file the grievance.
djohnson@mojonews.com