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COA: County officials not bound to collective bargaining agreement

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An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.

The county commissioners and county council entered into the CBA beginning Jan. 1, 2009. When newly elected assessor Larry Davis and recorder Angela Shelton terminated employees, the Local 1963 of the United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW filed grievances, arguing that Davis and Shelton had breached the CBA.

Davis and Shelton told the county commissioners and council that they understood they were not governed by the CBA and would not authorize the commissioners and council to negotiate a new CBA to govern their deputies and employees. The two officials believed they had the ability to appoint and terminate their employees.

UAW alleged the county breached the CBA and sought an injunction for the reinstatement of two deputy assessors. The trial court granted the officials’ summary judgment motion, finding the commissioners and council lacked the authority to unilaterally bind non-consenting, independently elected officials to the CBA.

The UAW pointed to I.C. 36-2-2-13 and 5-4-1-1, arguing the trial court misinterpreted them, and that the General Assembly considers the deputies and employees who work for the officials to be employed by the commissioners on behalf of the county. The interpretation of Section 13 is an issue of first impression. The judges rejected the UAW’s claim that because statutes expressly authorize the officials to appoint deputies and employees, the actual “authority to employ these deputies and employees is conferred on the commissioners” by Section 13. This section and Section 1 do not render the county the employer of the officials’ deputies and employees, the COA held.

By statute, the assessor and recorder are able to appoint certain employees. The officials are independently empowered to appoint and discharge their own deputies at their discretion, wrote Judge Patricia Riley in Local 1963 of the United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW v. Madison County, Indiana, Madison County Assessor, and Madison County Recorder, 27A05-1301-CC-40.

The trial court did not err by concluding that the CBA imposes impermissible restrictions on the ability of the elected officials to select, discipline, remove and direct the work of their deputies and employees. The commissioners and council, by entering into the CBA, exceeded their authority and encumbered the officials’ right to appoint and discharge their deputies and employees, the appellate court held.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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