The union representing county landfill employees has filed an unfair labor practice charge against the Flathead County Solid Waste District over a change in work schedules.

Union workers also recently voted to go on strike if the grievance can’t be resolved to their satisfaction.

Local 400 of the International Union of Operating Engineers represents about 18 to 20 landfill workers, including garbage truck haulers, landfill equipment operators and green-box site supervisors.

The complaint stems from the county’s decision to unilaterally switch the schedule of most landfill workers from four 10-hour shifts to five 8-hour shifts per week starting in early April, without providing the union an opportunity to bargain about the change, according to Craig Davis, the union’s business agent.

“In fact, when the union requested that the employer negotiate the schedule change the employer told the union that it had no obligation to bargain the issue,” the charging document states.

“There was a vote taken” to strike, Davis confirmed. “It’s within the guys’ rights to do that. It doesn’t mean it necessarily will happen. The union has no interest in stopping service to the residents of the county.”

County Public Works Director Dave Prunty said the county maintains it has the right to change employees’ work schedules under the terms of the collective bargaining agreement that expires June 30.

Hours were changed to make landfill operations more efficient, he said, especially since several green-box sites now are monitored and staffed from 8 a.m. to 5 p.m.

Davis disagreed, pointing out that “nowhere in the contract does the union give up any rights to bargain mandatory topics of bargaining.” He contends the change in hours is a mandatory topic.

“They took away 52 days a year,” Davis said. “Some work weekends; it’s a seven-day operation. They naturally are going to be upset.”

Prunty said the county is developing a contingency plan for landfill operations if workers do strike.

“We will work with private haulers to haul from the container sites,” he said. “We don’t know if we will have to shut some [green-box sites] down. We’ll continue to operate the landfill with county supervisory staff from Roads, Weeds and Parks and Solid Waste” departments.

Prunty said he doesn’t know of any previous strikes at the landfill since it was established in 1971.

There are differing opinions over the negotiating process.

Prunty said he has asked the union multiple times “to sit down and start the bargaining process for a new agreement.

“So far the union has not agreed to sit down with us,” Prunty maintained.

Davis said the county wants to negotiate without opening the contract, and that’s something the union can’t do.

“When I asked if they [the county] were interested in opening the contract, they said ‘No, we don’t want to open the contract,” Davis said. “We have to have mutual agreement to open the contract early.”

The unfair labor practice charge was filed with the Montana Board of Personnel Appeals, which is still investigating the matter, according to Davis. If the board decides the complaint has merit, a hearing would be held.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.