Douglas County sheriff, commissioners violated state labor laws by discouraging union vote, report says
Nov 12, 2024
DOUGLAS COUNTY, Colo. The Douglas County Sheriff, its undersheriff and the countys commissioners violated state labor laws by discouraging employees to vote on a collective bargaining agreement with the states Fraternal Order of Police, according to a letter of determination from the Colorado Department of Labor and Employment.The 19-page letter issued on Nov. 1 from the division found that Douglas County Sheriff Darren Weekly, Undersheriff David Walcher, and County Commissioners George Teal, Abe Laydon, and Lora Thomas committed unfair labor practices in violation of the Collective Bargaining by County Employees Act (COBCA).The findings by the Division of Labor Standards and Statistics, a division of the state labor department, show that over the course of a month and-a-half, starting in early February of this year, Sheriff Weekly engaged in an extended email campaign in which he presented negative characterization of the FOP union as facts, suggested without supporting evidence that unionization would result in worsened workplace conditions, and discouraged county employees from supporting the FOP unionization effort.In one such email, dated Feb. 26, Sheriff Weekly allegedly wrote:[b]y forming a union, you are giving up your destiny to someone else (union representatives, attorneys, etc.) in matters related to the terms and conditions of your employment. These individuals may have their own agenda and thats not a risk that I, personally, would be eager to take.In another from a few days earlier, Weekly reportedly wrote that:This type of third-party interference is absolutely unnecessary at the Douglas County Sheriffs Office This law and the formation of a union removes my ability to continue to support and advocate for each of your bests interests, and instead places the responsibility in the hands of an unknown third-partyThe letter further states that about a month later, on March 22, Weekly held an informational meeting about the collective bargaining election, during which employees were encouraged to vote no in the upcoming election.The county disputes that this meeting was mandatory, according to the letter.Additionally, about three days later after that informational meeting, according to the letter, County Commissioners George Teal, Abe Laydon, and Lora Thomas released a YouTube video using public funds to speak out against the collective bargaining effort. This video was titled Learn more from your Commissioners about the unwelcome attempt to unionize our Sheriffs Office.By presenting the views in the video as the official view of these Commissioners, the video created a stronger implication that the County Commission would not respond as favorably to union negotiation as it would to negotiations with the Sheriff, without presenting any objective basis for this prediction, the letter states.It further states that the Commissioners statements lent strength to the Sheriffs claims that he alone had the requisite connections to the County Commission to provide benefits to his employees and that another entity would not be able to negotiate as successfully. Denver 7+ Colorado News Latest Headlines | November 12, 11amThe letter from the division did not stop there.It also found that, More coercively, the Commissioners statements strongly implied that these Commissioners in their official positions would not negotiate in good faith with a union by stating in that YouTube video that, In Douglas County, we oppose the notion that outsiders would think they know whats best for our community, our Sheriff's office employees, and your safety.While the Commissioners are entitled to personally believe unions are ineffective, they cannot imply that, in their official capacity, they will fail to negotiate in good faith with a lawfully installed union. It is an unfair labor practice for a County to refuse to negotiate in good faith with respect to wages, hours, and other terms of employment under COBCA, the letter states.It also further stated that several of the statements made by the commissioners in that video were not supported by objective facts, including a statement in which the commissioners implied without evidence that the community would be less safe and employees interests less protected with union interference.The findings also show that Undersheriff David Walcher sent multiple emails to employees containing non-neutral statements clearly intended to discourage county employees from joining the FOP union, including an email dated March 29 in which he expressed being tired of the unionization effort and suggesting that the right way for employees to vote on such effort was to vote no in the upcoming election.About two weeks after that, the letter shows that Walcher went further, stating that he believed unionization would be detrimental to the organization and its employees, and expressing his desire to get back to business instead of being paralyzed and sitting on the status quo.His unsupported statements that unionization would hurt us as an organization and will be detrimental to our employees predicted adverse consequences from unionization without objective facts and, as such, were coercive, the letter states.In its letter, the division orders the county and all its representatives to immediately cease and desist from engaging in any unfair labor practices as well as take measures to inform employees of their rights under COBCA.While the county and the sheriffs office did not initially provide a statement on the findings by the division Tuesday, a spokesperson with the Colorado Fraternal Order of Police called the ruling a victory for Douglas County deputies.CDLEs findings confirm what Douglas County deputies already knew that Sheriff Weekly, Undersheriff Walcher, and Commissioners Teal, Laydon, and Thomas attempted to manipulate, intimidate, and deter employees from exercising their rights to vote in an election. These County officials blatant use of public resources and coercive tactics to undermine the voting process constitute flagrant violations of state law.It further states, We call on Douglas County and the Douglas County Sheriff to take immediate and meaningful action to comply with the Divisions orders, including a full cessation of any anti-collective bargaining practices, public posting of the Divisions findings, and measures to ensure accountability. This decision serves as a powerful reminder: those who attempt to silence or intimidate employees engaged in a lawful election process will be held to account.The organizations president, Michael Deedon, said in a statement that the FOP remains steadfast in its commitment to defending members rights.We are ready to engage in transparent, constructive and cooperative bargaining to secure the fair treatment and workplace protections that our members deserve while serving and protecting our communities, he said Tuesday.In a joint statement later Tuesday, the Douglas County Board of Commissioners and the Douglas County Sheriff's Office announced they had appealed the findings by the division and requested a stay of enforcement until the appeal is resolved.This appeal is not about a union election. It is about the State preventing local leaders from sharing their views about a union election. Our Board and our Sheriff spoke plainly and honestly with the public we serve. Free speech is not and should never be illegal in the State of Colorado and the County will fight to uphold the law that preserves free speech, said the Board of Douglas County Commissioners.