County Council President John Cannon Speaks Out On Collective Bargaining

Posted as a Letter To The Editor in The Daily Times a few weeks ago. I asked John if he would send me the original to clear things up with the other side.

"Collective Bargaining

I prefer to limit debates to council chambers but, in light of a recent Times editorial, I feel it necessary to clarify some misconceptions on the part of the editorial and misperceptions it may have created in the eyes of the public. The issue is binding arbitration in Wicomico County and binding arbitration on the Wicomico County Council. There is a difference.

Question A, which was passed by the voters in 2006 read “to amend the Wicomico County Charter to require that the county council adopt a law providing for collective bargaining with binding arbitration of disputes between the county and an authorized representative of the sheriff’s office deputies.” To that end the Wicomico County Council has achieved unanimous consensus on language for legislation that will fully implement the spirit and intent of the referendum within the framework of the new form of government we now have in Wicomico County. This legislation will allow for authorized representation for the Sheriff’s deputies and for collective bargaining with binding arbitration between this representative and the County Executive of Wicomico County.

The issue at hand, however, is that there are representatives of the deputies negotiating team who feel that both the Executive Branch (Mr. Pollitt) and the Legislative Branch (the County Council) should be held to binding arbitration and this is where our interpretations of law differ.

Under our new form of government, the elected County Executive has all the executive power vested in Wicomico County by the constitution and laws of Maryland and by the county Charter. It is the Executive who’s responsible for preparing the annual county budget, including salaries and benefits of Sheriff’s deputies, and it is for this reason it was decided that collective bargaining should take place between the County Executive and the Sheriff’s employees union. It is also for this reason that we felt the Executive should be bound by arbitration in the event of disputes between the executive and the union.

The County Council, however, in its more limited role as the county legislative body, has no part in the preparation of the county budget. It cannot assign priorities in the budget; it cannot increase appropriations in the Executive’s budget. The County Council may only reduce or delete items in the Executive’s budget, except those which are required by law.

Consequently, the County Council cannot legally bargain in good faith for the citizens of Wicomico County with any organization or representatives. The long and short of it is that the County Council, having no role in the executive functions has no place in the collective bargaining process. For both branches to be held to this proposed negotiating process would actually compromise the very Charter to which we are bound as citizens and representatives of Wicomico County.

The Wicomico County Council has an obligation to the voters of Wicomico County to maintain separate branches of government as the Charter requires and we have an obligation to the voters of Wicomico County to provide for binding arbitration in the event that the County Executive and the union fail to reach an agreement.
With our recent decision, we feel we have found the one solution for both. We have taken the first steps to maintain the integrity of the checks and balances established in the new form of government while, at the same time, honoring the process of collective bargaining with binding arbitration within this new form of government.

The issue has never been about the Council versus the deputies. The Council has always wanted the best for the deputies and for all county employees. Going forward, we hope that all citizens of Wicomico County, as well as the deputies will understand that this course of action is a fair and equitable solution for all; one which will fully implement the spirit and the language for collective bargaining by the Sheriff’s deputies and for binding arbitration, if an agreement is not reached.

Collective bargaining will be successful in Wicomico County. It will be successful for the deputies and their representatives through the Executive Branch and the Legislative Branch working together while adhering to their respective responsibilities as required by the county Charter. The union representatives will have the right to collective bargaining when the Executive prepares the budget and the County will still maintain the integrity of the checks and balances system established under our new Charter. It is no different than the process of collective bargaining with binding arbitration already established and working successfully in Baltimore and Howard Counties. It is fair to the citizens of Wicomico County as well as the deputies. Government as it was intended.

We have heard from several of our constituents on this matter in recent days. Some have been in support of the Council’s intended actions and some have expressed concerns. Of those who had expressed concerns, once they heard and understood that collective bargaining and its product, either from agreement or by award, must be accepted by the County Executive and become a part of the Executive’s budget and once they understood that the County Council as a legislative body, is not involved in preparing the Executive’s budget, most people had their concerns satisfied and agreed with the approach the County Council is following. We thank all of those who made the effort to talk with us and whether or not they agreed, that they were interested in learning the facts of the matter.

We assure you that we are going to accomplish what needs to be accomplished with a fair and balanced perspective in the spirit of cooperation and good will on the part of everyone. This is a great county. We have full faith in our new form of government and we have full confidence in and support for the Sheriff and deputies who represent and protect Wicomico County."


John Cannon
President
Wicomico County Council