The union representing some Allegheny County Jail correctional officers is alleging the jail’s warden retaliated against the union’s president for using email and social media for union business.
The Allegheny County Prison Employees Independent Union filed an unfair labor practice charge last week with the Pennsylvania Labor Relations Board.
In the filing, the union claims Allegheny County “has engaged in a campaign of anti-union retaliation and discrimination” against union president Brian Englert, who often posts to Twitter about staffing shortages at the jail, mandatory overtime, and other issues the filing says negatively impact members of the bargaining unit.
Englert first received verbal and written reprimands in March 2022 for “alleged misuse of the jail email system” after he tried to purchase uniforms from a vendor that was not approved by the county.
Corrections officers receive an annual uniform allowance payment to purchase uniforms from a supplier chosen by the county, but Englert said ongoing shortages have made the required shirts, pants, and other uniform pieces difficult to track down. Englert asked the county purchasing department for permission to purchase uniforms from a different supplier, which the department approved. However, both Warden Orlando Harper and Deputy County Manager Stephen Pilarski denied Englert’s request.
In a June 2022 letter, Harper charged Englert with “violating the chain of command” for his contact with the purchasing department. Englert was also charged with violating the Code of Ethics for reporting late to work, which Englert maintains was due to union business. He was suspended for one day and filed a grievance challenging the suspension.
In August, Harper gave Englert a three-day suspension for a social media post that allegedly violated the Code of Ethics and social media policy.
“Essentially since the time that he’s been in office, Brian Englert’s been very outspoken about actions that the county has taken that have . . . essentially had a negative effect on his membership,” said Eric Stoltenberg, an attorney for the Allegheny County Prison Employees Independent Union. “And that’s his job.”
Stoltenberg said any discipline for talking about issues like staffing shortages and officer safety concerns violates Pennsylvania labor laws. He called the discipline “anti-union discrimination” and said Englert’s actions were protected by the Public Employee Relations Act, which gives public employees the right to organize and collectively bargain.
The county “cannot pass a policy or enact a policy or enforce a policy that limits the labor rights of individuals—public sector employees,” Stoltenberg said. “Those labor rights were created by a statute enacted by the general assembly. That’s state law. State law trumps their policy.”
Pennsylvania’s Labor Relations Board will determine if Englert’s social media posts are protected by labor laws. In a statement, union officials said the board “has acknowledged receipt of the filing but has not set a date for a hearing.”
County officials and Warden Orlando Harper declined to comment.
