Charge Filed
Town of Winthrop · from StateReference · 9 pages · 1.1 MB
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COMMONWEALTH OF MASSACHUSETTS
DIVISION OF LABOR RELATIONS CHARGE
OF PROHIBITED PRACTICE
M.GLL. ¢,150E
DO NOT WRITE IN THIS SPACE
Case No.
Date Filed
(o-5079_2-3-lb
INSTRUCTIONS rower all applicable.questions. Failing to provide information may result in the dismissal of the charge. File
an original and two (2) copies of this form with the Division.
Note: Pursuant'to 456 CMR 15.04, the Division will not issue a complaint unless the charging party has complied with the applicable provisions
of M.G.L. ¢.150E, §§18 and 14,\
4. Employer 2. Representative to contact 4. Telephone Number
Town of Winthrop (Library) James McKenna, Town Manager 617-846-1852
3. Address (street and No., city/town, state, and ZIP cade) 5. Fax Number
1 Metcalf Squaré Winthrop, MA 02152. ee
617-846-5458
6. Employee Organization (if any): 7. Representative-to contact 9. Telephone Number
Winthrop Library Staff Assoc., .
Local.4928, MLSA, AFT Joseph R. Lettiere 617-423-3342
Massachusetts, AFL-CIO Associate Counsel
8.. Address (street and No., city/town, state, and ZIP code) 10. Fax Number
AFT Massachusetts, 38 Chauncy St., Suite 402, Boston, MA.02111 617-423-0174
11. This charge is filed against (check one)
x
Employer
Employee Organization
Section 10 (a) (1) (3) and (5)
‘See attached Summary of Charge.
Failing to specify an appropriate’ section/subsection may result in the dismissal of the charge.
13. Summary of basis of Charge (be specific as to names, dates, addresses, etc.) Attach addition sheets; documents and/or
affidavits if necessary. Please note: failure to allege specific facts may/will result in dismissal of the charge.
12. The above named employer or employee organization has engaged or is engaging in a prohibited practice within the
meaning of Massachusetts General Law, Chapter 150E, Section(s) (enter all.appropriate:sections/subsections)
By these and cther acts, the party compialned of has interfered with, restrained, and/or coerced rights guaranteed by the Law.
DLR FORM-005 (page
Revised 11
14. (a), Is there a- collective bargaining agreement that may apply to.the conduct that is
alleged to-have violated the law? XT! ves No
(b) If you-checked “Yes in question '14(a), please list all of the clauses’alleged:to apply and attach a copy of each.
(c). Is there a grievance conceming this matter pending? | x
Yes No.
45.
Without limiting your rights { to later amend your remedial request, please explain what remedy you seek. Include the amount of
any financial. remedy fo: ‘which you claim entitlement. An order requiring that the discipline be rescinded and'expunged from all
récords; and a posting.
16, Have you attempted to settle this case?
If-not,: why not?
x
Yes No
Note: the:division may decline:to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(7).
The Division may refer the:charge to a Division mediator for settlement discussions.
INFORMATION ON CHARGING PARTY
17. Name 18. Representative to contact
Winthrop Library Staff Assoc., Local 4928, Joseph R. Lettiere
MLSA, AFT Massachusetts, AFL-CIO Associate Counsel
20. Telephone Number
617-423-3342
19. Address (street and No., city/town, state, .and ZIP code)
AFT Massachusetts, 38 Chauncy St., Suite 402, Boston, MA 02111
21. Fax.Number
617-423-0174
22. The Charging Party is an:
Individual X | employee Organization
Employer
DECLARATION
Ihave read the above.charge of prohibited practice and.swear under the pains and penalties of perjury thatthe
information contained in It is true and coniplete.to the best of my knowledge and belief.
Howard Greenspan, Esq. Qua, Hall, Harvey & Walsh, 25 Fletcher St.,.
Chelmsford, MA 01824
Name (print) Signature Title (if any)
Joseph R. Lettiere Tie Counsel
Tc Nine
Address (street and no., city/town, state, and ZI Telephone Number
AFT Massachusetts, 38 Chauncy St., S 402, Boston, MA 02111 617-423-3342
CERTIFICATE OF SERVICE
| hereby certify that | have served a copy of this Charge.of Prohibited Practice on the following representative of the
opposing party.
IName ‘Address (street and no., city/town, state, and-ZIP code) “|Telephone Number ~
781-598-4545
Method of Service X
[*] First.Class Mail
In.hand
Other (specify):
e-mail
Signature of Person making Certification
LI Una, aL ae Pin
Telephone Number
617-423-3342
‘The Division does not discriminate on t
requests for auxiliary andi regarding access features should be directed to the
ADA Coordinator (617) 626-7192. This document is available in-alternative formats.
is of disability in access to its services. Inquiries, complaints or requests, including
DLR FORM-005 (page 2)
Revised 1107
ATTACHMENT
13. Summary of Charge
By virtue of the actions described below, the Town of Winthrop (Employer) has violated
M.G.L. ¢.150E, §§ 10 (a) (1) (3) and (5) by discriminating against the two (2) Association
(Union) co- chairs, Richard Allen and.Mary Connolly.
Mr. Allen and.Ms. Connolly initially attempted, without success, to meet ‘with the. new Library
Director, Diane Wallace, regarding the Union’s concerns about her management style, Following
that unsuccessful effort, the co-chairs sent:a letter to the Library Trustees detailing the staff
concerns. Shortly thereafter, on or about August:5, 2015, the Town’s director of. Human
resources, Stacy DiChiara, emailed the staff.indicating that she and Wallace were willing to meet.
with the staff on that same day to. discuss their concerris.
Ms. Connolly:and Mr. Allen wanted Shawn Flood to be present at the meeting. He. was
unable to do so given the short notice. Ms. Connolly therefore quickly sent an email to
management on that same day requesting that the meeting be rescheduled. Director Wallace then
called Ms. Connolly into her office and gave her an oral warning for conducting Union business.
on Library time, purportedly in violation of the Article 7 of the CBA. Please note that Article 7
of the. CBA prohibits only internal Union business during Library hours and even that-prohibition
is partial rather that absolute. (See the excerpted Article 7 “Union Activity on- Department
Property” attached hereto. as “A”, together with Articles 6 “Non-discrimination” and 17
“Discipline”.) Several days later, on or about August 10,2015, Director Wallace.issued.a written
reprimand to Mr. Allen, allegedly for sleeping while on duty. See attachment “B.” Mr. Allen
denied that accusation and maintains that denial.
f
ATTACHMENT ‘A
COLLECTIVE BARGAINING
AGREEMENT
TOWN OF WINTHROP
AND
WINTHROP LIBRARY STAFF ASSOCIATION
M.S.L.A
JULY 1, 2005 THROUGH JUNE 30, 2008
Section:05.1: The Union agrees that no’ employee shall engage in, induce or encourage. any
strike (whiethier sympathetic, general. or any other kind), ‘walkout, work stoppage, sitdown,
slowdown, withholding of services, or any’ other direct or indirect interference, concerted or
‘otherwise; with the Employér’s operations. The Employer agrees not'to. conduct a lockout..
Section-.05.2: The Employer may impose disciplinary action, including dischatge; upon any and
all of the employees involved in a violation of this Article. Such action shall not be subject to the
Qrievarice or arbitration procedure hereunder except as. to the question of whether or riot the
employees who were disciplined’ in fact engaged. in, induced or encouraged such conduct.
Notwithstanding. thé foregoing, the parties. agree: that the Massachusetts Labor Relations
‘Commission has jurisdiction under M.G.L. ¢. 150E. over any strike or prohibited practice set
‘forth aboye,
Section 05,3: The Employer also retains the right to recover from the Union. or aiiy officers,
agerits' or-members thereof, either ‘through legal procedures as:provided by law, or through the
grievance and arbitration procedures, established. by this. Agreement, or both; such damages:as it
may suffer by reason of violation of this Article excépt that no person (including the Union) shall
be liable if he did-not engage in, induce or encourage activity in violation of Section 1, and such
persons take‘all lawful steps reasonably within their power to have such activity terminated.
The Union retains similar rights. against the Town in the event of an illegal. lockout by. the
Employer.
ARTICLE 06
NON-DISCRIMINATION
Section.06:1: There shall. be no discrimination, interference, restraint or coercion by ‘the
Employer.orthe Union or their respective agents against any employee because-of membetship
or non-membership in the Union:
Section.06.2: The-Union‘agrees to represent all. employees covered in this Union without:regard
to membership or participation in, or association with the activities of the: Union, or any other
employee’ organization, and continue to admit said persons to membership without qualification,
other than,the payment of periodic dues or initiation fees regularly required by the Union. There
shall be no discrimination by either party against any employee because of:race, creed, religion,
color, sex, age, or where said employee is a qualified handicapped individual.
ARTICLE 07
UNION. ACTIVITY ON DEPARTMENT PROPERTY
Section 07.1: Unless otherwise provided by this Article, the internal business of the Union
including. but. not limited to soliciting membership, collecting dues, campaigning for officers,
electing officers will be conducted during. non-library arid non-working hours.
Section 07.23. Upon reasonable notice to the Director, the Union will be permitted to use the
Library premises for regular business meetings. Except as to said regular business meetings and
to the extent expressly permitting in Article 8 or except as expressly approved by the Director,
‘no members of the Union shall conduct Union business on Library property.
Section 07.3: The Director will designate a space in which the Union may erect a bulletin
board. The purpose of the board will be for posting of appropriate material and: notices by the
Employer or the Union.
Section 07.4: The Union.shall furnish the Employer with a written list of Union stewards and
other representatives immediately after the designation of such representatives. The Union shall
notify the Employer of any changes in the list:of representatives.
Section.07.5: The Union steward shall be granted a reasonable amount of time during working
hours; without loss of pay, to: investigate-and settle grievances, and conduct other urgent union
business upon due notice to the Director.
ARTICLE 08
DUES DEDUCTION
ARTICLE 17
DISCIPLINE
Section 17.1: The Union recognizes the. authority and responsibility: of the Director and/or the
Library Board of Trustees for reprimanding or disciplining an employee: for delinquency of
performance. The above language shall not prevent, or in any way effect, the Board of Selectmen
from exercising it authority under the Grievance and Arbitration provisions of this. Agreement or
from upholding or otherwise enforcing a disciplinary action taken by the Director or the Board of
Trustees:as part of the grievance process.
Section 17.2: No permanent employee will be disciplined, reprimanded, reduced in rank, or
compensation or deprived of any wage increase or increment without just cause.
Section 17.3: Employees shall have the right to have a Union representative present at any
disciplinary action.
ARTICLE 18
HOLIDAYS
Section 18.1; All permanent full-time employees covered by this Agreement will be paid seven
(7) hours. pay at regular ‘straight time wages for the following holidays whenever they fall on a
regular work day, or the day following when any of said days occur on Sunday.
New Year’s Day Independence Day:
Martin Luther King’s Birthday Columbus Day
Washington’s Birthday Labor Day
Evacuation Day Veterans :Day
Patriot’s Day Thanksgiving Day
Memorial Day Christmas Day
Bunker Hill Day
One-half (1/2) holiday will also be celebrated on Good Friday and the regular workday. before
Christmas. On all such days all_permanent full-time employees otherwise eligible for holiday pay
will receive seven (7) hours pay for four (4) hours worked on such day.
15
. i“ a 8
A+TACHMENT B
Documented Verbal Warning
Winthrop Public Library employee Richard Allen was found sleeping at his desk from
approximately 10:45 am to 10:50 am on Friday, August 7, 2015. This is unacceptable
behavior and this document will be placed in your personnel file.
If this behavior occurs again the next step will be a written disciplinary warning.
Crd _ August 10, 2015
Diane Wallace
Director
Lerergle-deO Nec! opt oslus Orvbal jen iy,
he % i %
Do nabagvea tthe Cowl’
Pwo 0 A— August 10, 2015
Richard Allen
Technical Services Librarian
HS Cw Fngs)
Fa wty Chihex)
AMERICAN FEDERATION OF TEACHERS MASSACHUSETTS
38 Chauncy Street, Suite 402
Massachusetts Boston, MA 02111
AFL-CIO
(617) 423-3342 / 1-800-279-2523
Fax: (617) 423-0174
eon
February 3, 2016
BY EMAIL AND MAIL
Mr. Edward B. Srednicki
Executive Secretary
Department of Labor Relations
19 Staniford St., 1st Floor
Boston, MA 02114
RE: Winthrop Library Staff Association, MLSA, Local 4928
AFT Massachusetts, AFL-CIO
and
Town of Winthrop
CHARGE OF PROHIBITED PRACTICE
Dear Mr. Srednicki:
Enclosed please find for filing an Unfair Labor Practice Charge on behalf of the
Winthrop Library Staff Association, MLSA, Local 4928, AFT Mass. against the Town of
Winthrop.
This will confirm that I have served the enclosed Unfair Labor Practice Charge
and Exhibits upon the Town’s legal counsel, Howard Greenspan, Esq.
Thank you for your attention to this matter.
Sincerely,
(font G Z
A
ssociate Counsel
JL/mj
Enclosure
CG Howard Greenspan, Esq.
Mary Frances Best
Richard Allen
‘Shawn Flood