A dispute arose during the summer of 2023 between the Deputy Sheriffs’ Benevolent Association of Onondaga County, New York (DSBA) and Onondaga County, when the Sheriff’s Office was experiencing staffing shortages in the Custody Division. DSBA leaders proposed a temporary “double time-and-a-half” weekend overtime arrangement. At the same time, a County plan to close the Jamesville Correctional Facility and consolidate operations was under discussion, and DSBA declined to endorse it.
In July 2023, Sheriff Tobias Shelley began asserting that DSBA officers were organizing a “blue flu,” meaning a coordinated sick-out. DSBA Vice President Dana Earl testified that Shelley accused him and President John Hagenmayer of organizing such an action and suggested he could have them arrested. Earl denied coordination and produced schedules showing deputies were legitimately out sick or on approved leave. He testified that during a later conversation at Shelley’s farm, the Sheriff again raised the accusation and linked it to Earl’s stance on the overtime proposal. Shelley did not retract the allegation.
Other witnesses corroborated that Shelley publicly threatened potential criminal consequences for union leadership. Lieutenant David Squairs testified Shelley said he would have DSBA leaders arrested if he found they orchestrated a “blue flu.” Retired lieutenant Jason Jarvis testified that at an August 2023 commanders’ meeting, Shelley said he would investigate a potential blue flu and could discipline union leaders “up to and including arrest.” These statements occurred amid union activity concerning staffing and overtime.
At the same time, Chief Maureen Murphy and Captain Melissa Berinski visited the homes of deputies on sick leave. Deputies Mark Chapman and Bradley Jordan testified that officers arrived at their homes and questioned them about their medical absences, including requests to show proof of treatment. Both testified they were on approved leave and had followed procedures. They described the visits as unexpected and intimidating. Although the Sheriff’s Office characterized them as routine checks, the evidence showed such visits were not regularly conducted and coincided with Shelley’s blue flu suspicions.
The DSBA filed an improper practice charge under New York’s Taylor Law, the statute governing labor relations between public employers and public employees, which prohibits interference, coercion, and bad-faith bargaining. DSBA alleged that the County and the Sheriff violated §§ 209-a.1(a), (b), and (c) by threatening to arrest union leaders and by conducting intimidating “home visits” to employees on sick leave, and separately violated § 209-a.1(d) by bargaining in bad faith over an overtime proposal.
The ALJ found that Shelley’s repeated statements about arresting union leaders constituted threats of reprisal for protected activity, violating §§ 209-a.1(a) and (b). The statements linked criminal consequences to union-related conduct and would reasonably chill protected activity. The home visits likewise violated §§ 209-a.1(a) and (c). While the employer could verify sick leave, the timing, manner, and context of the visits conveyed surveillance and intimidation rather than routine administration.
The ALJ dismissed the § 209-a.1(d) bad-faith bargaining claim. Although Shelley expressed support for the overtime idea at times, County approval was required, discussions were ongoing, and no binding agreement had been reached. The record did not show a refusal to negotiate or conduct amounting to bad faith.
The ALJ ordered respondents to cease and desist from threatening arrest based on protected activity, from conducting coercive home visits, and to post a notice acknowledging the violations.
Deputy Sheriffs’ Benevolent Association of Onondaga County, Inc. v. County of Onondaga and Onondaga County Sheriff, PERB ALJ Decision, Case No. U-39063 (2024).