II&S First-Level Supervisors Update

Brothers and Sisters,

On December 21, 2022, the PLRB issued an official dismissal of the Inspection, Investigation, and Safety (II&S) first level supervisors petition as amended by FOP Lodge 92 Labor Services due to an inadequate showing of interest. Consequently, the II&S first-level supervisors in the G2 and G5 bargaining units will no longer be going to a vote on whether to keep or remove AFSCME as the exclusive bargaining representative.

With this news, AFSCME can now legally resume servicing these units as we head into a critical round of meet and discuss with the Commonwealth. AFSCME is proud to represent you, and with your continued involvement, we can accomplish great things.

It is now time to come together as workers, as members of AFSCME, and have your voices heard. A strong union is built on a strong, active, and engaged membership. Communication between Council 13 and active members is what will make us all successful, and we continue to build means through which effective communication can occur.  

With that in mind, we will be holding a hybrid meeting with II&S first level supervisors to discuss all things related to the attempted raid, where we currently stand, and how we can move forward together as a stronger unit.

That meeting will take place on Tuesday, January 10, 2023, at 6:30 PM at the AFSCME Conference Center, 150 S. 43rd St., Harrisburg, PA. I hope that you can join us either in person or via Zoom to discuss and ask questions about this matter.

I would prefer to meet with you in person, however, to make sure everyone has a chance to participate, we will be making this a hybrid meeting.

  • To join virtually, please use the following Zoom link: JOIN HERE!
  • We ask that you please register for this meeting ahead of time by clicking on the following link and submitting the form: REGISTER HERE!
  • This meeting is open to any AFSCME-represented First-Level Supervisors in the II&S unit, including non-union members. If you received this email, you are included.

I want to hear directly from you. This needs to be an honest and civil discussion that offers a clear understanding of the situation we face and how we can move forward together as a stronger unit. There are many details and complexities that led up to the official dismissal of the petition that was filed and later amended by FOP Lodge 92 Labor Services. I am sure there are many concerns and questions, so I hope you will join us for the January 10 meeting, but I will also attempt to outline some major points of clarification and facts below.

The short summary is that AFSCME organized and has represented this unit for almost 50 years. We understand the complexities, procedures, laws, and rules when it comes to organizing and servicing groups under the Public Employee Relations Act (Act 195), which is governed by the Pennsylvania Labor Relations Board (PLRB). FOP Lodge 92 Labor Services does not have the same experience and expertise under Act 195. The petitions to raid AFSCME-represented first level supervisors were filed incorrectly, amended, and ultimately dismissed for lack of showing of interest.

History, Facts and Clarification:

  • The decision to dismiss was made by the PLRB based on the amended petition filed by the FOP to raid this bargaining unit. AFSCME does not have a role in the decision-making process.
  • AFSCME has understood the makeup of this unit for 50 years. In the 1970’s, AFSCME organized both the professional and non-professional II&S first level supervisors working for the Commonwealth as one bargaining unit.
    • The NISI Order of Certification from 1973 clearly decrees AFSCME as the exclusive representative in the unit defined as “…all professional and non-professional first level supervisors in the basic Inspection, Investigation and Safety Unit of the Commonwealth of Pennsylvania…”
    • A copy of this Certification can be viewed as Attachment #1 below.
  • Per the Public Employee Relations Act (Act 195), any time a group of professional and non-professional employees attempt to organize together at the same time and go to a vote to form a union, the professional employees are given the option to vote on whether they wish to be included with the non-professional employees together as one bargaining unit.
    • This is not something new or unforeseen. AFSCME has decades of experience organizing and servicing units under the Public Employee Relations Act.
  • The Commonwealth defines the delineation of II&S first level supervisors with different bargaining unit codes: G2 = non-professional; G5 = professional.
    • This does not change the fact that both groups were certified as one bargaining unit by the Pennsylvania Labor Relations Board in 1973.
  • Per Act 195, any time a rival union attempts to raid a bargaining unit already represented by another union, they must file the petition accompanied by an adequate showing of interest for the unit as certified.
    • FOP Lodge 92 Labor Services originally filed incorrectly to raid only the professional first-level supervisors in the II&S bargaining unit. FOP Lodge 92 Labor Services filed the initial petition on July 27, 2022. See Attachment #2A below. The PLRB then mailed an Amended Acknowledgement and Notice of Filing of Petition dated August 18, 2022. See Attachment #2B below.
    • FOP Lodge 92 Labor Services then amended their petition to include both the professional and non-professional II&S first level supervisors by way of a letter to the PLRB dated September 28, 2022, signed by Craig McGowan, NFOP Labor Services Representative. See Attachment #3 below.
    • The petition was subsequently dismissed because there was an inadequate showing of interest, meaning that FOP Lodge 92 Labor Services did not accompany the petition with 30% or more showing of interest cards from the bargaining unit (G2 & G5), as certified by the Pennsylvania Labor Relations Board in 1973. See Attachment #4 below.

I hope this offers some clarification on what is a complex issue that your union continues to monitor. It will be an honor to continue representing you. We are eager to move forward together – and to get back to the table.

Thank you for your attention and for all that you do.

In Solidarity,

J. David Henderson, Executive Director
AFSCME Council 13

Attached Documents:

Attachment #1:              NISI ORDER OF CERTIFICATION (1973)

Attachment #2:              Acknowledgement and Notice of Filing of Petition (8/12/22)

Attachment #2B:            Amended Acknowledgement and Notice of Filing of Petition (8/18/22)

Attachment #3:              Acknowledgement of Amended Petition (11/02/22)

Attachment #4:              Official Dismissal Letter from the PLRB (12/21/22)