AUBURN — The union representing jail guards, dispatchers and patrol deputies in Androscoggin County has filed a prohibited practice complaint with the Maine Labor Relations Board, arguing that county commissioners have been bargaining in “bad faith.”

The eight-page document — which cites dozens of emails and accompanying papers — alleges that commissioners violated Maine statute when they refused to sign two contracts that were initially agreed upon. 

Union President Delbert Mason declined to comment on the move, saying he would have to consult his attorney before making any public comment.

Union members have said they were frustrated by the commission’s decision not to sign contracts that were twice agreed upon.

Randall Greenwood, chairman of the three-member County Commission, said commissioners wanted to finalize the contract, but they couldn’t.

“It was an offer we thought we could do,” he said, “but the situation changed.”

When the $5.2 million jail budget for the fiscal year that began July 1 was finalized, there was no longer enough money to meet the contract’s pay for jail guards, Greenwood said.

Despite the complaint, Greenwood said he hoped to resume talks with the union in early August. 

There has been some talk of signing a separate deal with jail personnel, setting guards on a scale of salary and benefits different from dispatchers and patrol deputies.

Of the roughly 80 people in the union, nearly two-thirds work in the jail.

The complaint is being examined by the Maine Labor Relations Board, its Executive Director, Marc Ayotte, said Thursday. His office will decide the next step, whether to solicit a response from the county. Future steps could include either written arguments or a hearing with the board.

Already, the contract negotiations have been a marathon requiring the work of mediators, fact-finders and lawyers.

Negotiations began in 2008 with a previous County Commission. When all three commissioners lost their seats at the end of the year, negotiations started over with the new commission. Since the beginning of 2009, workers have been without a contract.

Mediation began in early 2010. When that failed, the process went to fact-finding.

The commission made at least three offers. The union rejected all three. In protest for working without a contract, workers grew whiskers and, in some cases, wore street clothes instead of uniforms.

This spring, the sides seemed to have finally come to an agreement..

On May 4, commissioners made an offer that would have ended the three years of deliberations and 31 months of work without a contract. Union members approved the deal six days later on May 10 by a vote of 54-1.

That proposal included three contracts, Commissioner Elaine Makas said in May. The first would cover 2009. The second would cover 2010. The third would affect 2011, 2012 and 2013.

Commissioners then wanted changes. They made a second offer.

The union approved that one, too. The vote was 40-1.

Then, the county’s finances fell through, Greenwood said. The county had no choice but to rescind the offer, he said.

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