A police union filed an unfair labor practice claim against Pueblo's sheriff. Here's why

The International Brotherhood of Police Officers filed an unfair labor practice claim against Pueblo County Sheriff David Lucero in March for his failure to negotiate with the PCSO’s new union. Several other local unions and the local Democratic Party also recently sent letters to Lucero urging him to negotiate a contract with his employees.

The unfair labor practice claim was preceded by a letter Lucero sent to the IBPO on March 5. In the letter, he requested to delay negotiations because he felt that negotiating would conflict with his authority as sheriff under Colorado law. The union wants to negotiate wages, benefits, disciplinary processes and anything else that affects its members’ employment.

Vince Champion, regional director of the IBPO, said the union had contemplated filing an unfair practice labor claim before ultimately doing so nine days after Lucero sent his letter. The state’s Division of Labor Standards and Statistics department informed Champion on March 18 that they had received the union’s claim, Champion said. It’s unclear when they may make a ruling on the matter.

Champion said the union decided to file the claim after Lucero made it clear “he would not sit down with the union and its representatives to negotiate.” The IBPO represents around 200 PCSO employees.

“It’s really unusual that a sheriff is willing to not recognize the law,” Champion told the Chieftain. “It’s one thing to not like it and have issues with it, but it’s another to outright, as a law enforcement officer, (not) play by the rules of the law.”

In a written statement to the Chieftain, Lucero said that he "fully supports unions."

"There are conflicts in the new law that will require clarification," Lucero said. "I fully support my staff and the mission they do every day for our community."

Lucero also said that the IBPO and its leaders have not reached out to him to meet and "discuss any topics they might have" since the union formed in December. Champion sent an email to Lucero and county attorney Peter Blood on Feb. 21, in which he attached a letter of request to begin contract negotiations.

According to the emails, which were shared with the Chieftain, Blood responded later that day and wrote that Lucero was "wondering if there are any particular subjects" on which Champion wanted to begin negotiations. Champion then told Blood that the IBPO wanted to negotiate "terms and conditions of employment" while providing examples of previous collective bargaining agreements.

In his letter to the IBPO, Lucero wrote that he declined to begin negotiations if the IBPO is pursuing discussions that "could lead to final authority" over staffing and personnel policies, among other areas.

He also wrote that he would “enter negotiations immediately” if the union’s request is limited to areas that don’t remove his authority over “policy, operational practices and personnel.”

He questioned the legality of a bill that formed the Collective Bargaining for County Employees Act, stating that he believes it can’t restrict or usurp the authority of county commissioners and state law. He cited Colorado revised statutes that state sheriffs have appointing authority over deputy sheriffs and can adopt personnel policies.

The new law states that a county and its representative are obligated to negotiate in good faith and must be “reasonably available and necessary for full and proper discussion, understanding and negotiation” of what could be in a CBA, among other requirements.

In an interview last month, Lucero said he supports unionization but also believes that unions “have a time and place.”

Pueblo union leaders call on Lucero to bargain with the IBPO

More than 30 local union reps penned a letter to Lucero last week urging him to “honor” his employees, the CBCEA and Puebloans by entering negotiations with the IBPO. The Southern Colorado Labor Council sent the letter along with a news release on the matter.

Among the union reps who signed the letter were Jimmie Quintana, president of the IBPO chapter that represents Pueblo Police Department officers; Hilary Glasgow, president of the Southern Colorado Labor Council; and Phil Chapin, president of the IAFF Local 3 chapter, which backs Pueblo firefighters.

Michael Maes and Eric Ludwig, presidents of the Pueblo Education Association and United Steelworkers Local 2102, respectively, also signed the letter.

In his statement, Lucero said he did not receive the letter from the Southern Colorado Labor Council and didn't know about it until he was informed of it by the Chieftain. He said Monday he is in the "process of reviewing" it.

“As the county sheriff in a union town, it’s imperative that you understand and respect the impact organized labor has had on forging and growing Pueblo,” the union representatives wrote to Lucero in the letter.

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“Our members and their families expect that the people we elect will work in good faith with the union, whether that union was established prior to their election or started during their tenure," the letter states. "Organized labor builds the middle class, and the middle class contributes to the tax coffers that fund our critically important public services. We are surprised that the sheriff, who is tasked with upholding the law, is scrambling to try to find a way around it rather than meeting in good faith with those workers who maintain the safety of the community 24/7.”

In a news release issued by the Southern Colorado Labor Council, Glasgow said it was “ironic” that the unions had to pen a letter calling on Lucero to “uphold the law.”

Glasgow told the Chieftain it’s “absurd” for Lucero to assume that the bill wasn’t properly vetted to adhere to Colorado law by those who crafted it.

“Everybody was definitely willing (to sign the letter) because we know that this bill was crafted in order to give people in public service access to collective bargaining so that they can have a contract,” Glasgow said. “It’s important to the city and county of Pueblo for those workers to negotiate all of the different pieces of their work.”

Pueblo County Democratic Party wants Lucero to ‘adhere to party platform’

The Pueblo County Democratic Party also sent a letter to Lucero last week and similarly urged him to bargain in good faith with PCSO employees.

In the letter, which was shared with the Chieftain, the party “strongly urged” Lucero to “adhere to the party platform and state law which you have sworn to uphold.”

Lucero is a Democrat and ran as one during the 2022 county election.

The party also asked Lucero in the letter to begin negotiations with the IBPO no later than April 30.

Lucero said he did receive the party's letter but he has "concerns they did not take into account the statutes or laws pertaining to my position as an elected county sheriff." He called it a "misrepresentation" to state that he "doesn't value the good (unions) would do."

“We are proud that we have a Democratic-elected sheriff and we know that he shares our values,” Bri Buentello, party chair of the Pueblo County Democratic Party, told the Chieftain. “One of those core Democratic values is being pro-labor, so we know that the sheriff at the end of the day is going to do the right thing and negotiate with the union.”

Furthermore, the party asked Lucero to “refrain from harassment and retaliation” against his employees for their union activity. Champion claimed that Lucero retaliated against Brad Riccillo, a PCSO deputy, due to his union action.

Lucero disputed the union’s claim.

“Clearly, that wasn’t the case, but I can’t comment on a personnel matter,” Lucero said last month.

Riccillo was acting president of the IBPO's PCSO chapter during the unionization election and is still in that role. He became the subject of an internal affairs investigation by the sheriff's office around the time of the election.

Buentello said that she trusts that “Lucero, as a professional, will handle this matter accordingly.”

“The Pueblo County Democratic Party has always been the party of unions. It’s part of why Pueblo is the Steel City,” Buentello said. “That is not going to change anytime soon, and certainly not under my chairmanship. We’re proud to stand with labor. We share their values. We know that when workers win, everybody wins.”

Lucero said he intends to meet with the party's executive committee to address their concerns.

"However, the letter I received, appears to be demands that may not be allowable under the law, which I have previously addressed with the International Brotherhood of Police Officers," Lucero said.

What else to know about the PCSO union

The CBCEA went into effect in July. It allows PCSO employees to form a union and expands the rights of employees in counties with 7,500 people or more to unionize. Pueblo County Commissioner Daneya Esgar was a prime sponsor of the bill during her final year representing Pueblo at the Colorado Capitol and working as the House majority leader.

Nearly 200 PCSO employees applied to join the union after the IBPO was approved as their representative in a December election. More than 230 were eligible to apply.

In that election, approximately 150 PCSO employees overwhelmingly voted for the IBPO to represent them. The election results were quickly certified by the Colorado Department of Labor and Employment.

Employees who are eligible to become union members include PCSO law enforcement and detention lieutenants, sergeants, deputies and employees in the PCSO’s emergency services division. Executive officers such as the sheriff and the undersheriff, among a few others, are not allowed to join the union.

Lucero was appointed Pueblo County sheriff in October 2022, three weeks before being elected to serve a four-year term in the role.

As of April 26, Pueblo County was one of six counties across the state where deputy sheriffs and other employees held a certified election to form a union. In Douglas County, Sheriff Darren Weekly and county commissioners are opposing efforts by sheriff's office employees to unionize, Colorado Community Media reported.

Chieftain reporter Josué Perez can be reached at JHPerez@gannett.com. Follow him on X, formerly Twitter, at @josuepwrites. Support local news, subscribe to The Pueblo Chieftain at subscribe.chieftain.com.

This article originally appeared on The Pueblo Chieftain: Police union filed an unfair labor claim against Pueblo Sheriff Lucero