Case Filed
Town of Winthrop · from StateReference · 4 pages · 496 KB
open the file ↗ · original at the source ↗
Demarco, Shirley (DLR) From: EFile DLR (DLR) <efile.dlr@massmail.state.ma.us> Sent: Friday, July 01, 2016 5:25 PM To: hgreenspan@greenspanlawyers.com Ce: Efile DLR (EOL) Subject: Electronic Service of DLR Case Filing The attached charge of prohibited practice and/or petition has been filed electronically with the Department of Labor Relations. You are being served with an electronic copy of the charge/petition because the charging party and/or petitioner has elected to use this method of service and has named you as a representative of the opposing party. Date Filed 07/01/2016 COMMONWEALTH OF = ; MASSACHUSETTS — | Gonirmation DEPARTMENT OF LABOR 0! | | RELATIONS | CHARGE ional yup-Ie- 534 y | M.G.L. ¢.150E 7 EMPLOYER _ — 1. Name 2. Telephone a ‘Town of Winthrop Number 617-846-1852 3,4,5,6. Address (street and No., city/town, state,and |7. FAX Number ‘ZIP code) 1 Metcalf Sequare Winthrop MA 02152 EMPLOYER'S LABOR RELATIONS REPRESENTATIVE 8. Name 9. Telephone Number | ‘Howard Greenspan, Esq. (781) 598-4545 '10,11,12,13. Address (street and No., city/town, 14. FAX Number state, and ZIP code) [200 Broadway, STE 304 Lynnfield MA 01940 15. E-mail address 16. Firm/Organization hgreenspan@greenspanlawyers.com Name | Greenspan Lawyers EMPLOYEE ORGANIZATION (if any) 117. Name 18. Telephone 1 Winthrop Police Union MassCOP Local 421 AFL-CIO |Number 617.523.2500 19,20,21,22. Address (street and No., city/town, state, |23. FAX Number land ZIP code) [3 Metcalf Square Winthrop MA 02152 EMPLOYEE ORGANIZATION'S LABOR RELATIONS REPRESENTATIVE 24. Name 25. Telephone Number Jennifer Smith 617-523-2500 26,27,28,29. Address (street and No., city/town, |30. FAX Number istate, and ZIP code) 617-523-2527 44 School St. STE 1100 44 School Street STE 1100 Bo MA 31. E-mail Address 32. Firm/Organization fsmith@sandulligrace.com Name jsmith@sandulligrace.com (33. This charge is filed against Employer (E) or Employee Organization |E (0): 34, 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) 150E-10(a)1:150E-10(a)5 35. 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. Winthrop Police Union MassCOP Local 421 AFL-CIO (Union) represents all public safety officers in the ranks of Patrol Officer and Sergeant employed by the Town of Winthrop (Town). By a letter dated April 19, 2016 Winthrop Police Officer (Officer R) was notified that she was subject to an investigation ‘based on a citizen complaint (concerning a domestic violence incident in February), and directing her to comply with the Town's investigator. By an ‘email dated April 25, 2016 counsel for the Union requested the following information in advance of the investigatory interview: 1. a copy of the ‘complaint: 2. the identity of the complainant: 3. any documents/materials relating to the complaint (including a surveillance video that the Chief provided to the complainant/the complainant?s attorney); and 4, all police reports ‘pertaining to the incident that gave rise to the complaint. In response to the request for information, by a letter the Town provided the identity of the complaint but refused to provide any other materials (including a the video that was provided to the Complainant). The Town has consistently refused to provide the requested information. The Union asserts that the information sought is relevant and reasonably necessary to the execution of the Union's ‘duties as the collective bargaining representative and are relevant and ‘reasonably necessary to represent Officer R. in the investigatory interview. To idate the Town has refused to provide the requested information, and has by it's 2 actions failed to bargain in good faith in violation of Section 10(a)(5) and derivatively Section 10(a)(1) of the MGL 150E. 36. (a) Is there a collective bargaining agreement that may apply to the iN conduct that is alleged to have violated the Law? (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 concerning this matter pending? IN| 37. Without limiting your rights to later amend your remedial request, please explain what remedy you seek. Include the amount of any financial remedy to which you claim entitlement. Order to provide information, posting, and otherwise make whole. 38. (a) Have you attempted to settle this case? Y| (b) If not, why not? Note: The DLR may decline to issue a complaint unless reasonable settlement lefforts have been made by the charging party 456 CMR 15.04(1). ‘The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (I), Employee |O \Organization (O), Employer (E): 40. Name 41. Representative to |42. Telephone ‘Winthrop Police Union MassCOP |contact Number ‘Local 421 AFL-CIO Jennifer Smith 617.523.2500 \43,44,45,46, Address (street and No., city/town, state, 47, FAX Number and ZIP code) 617-523-2527 44 School St. STE 1100 Boston MA 02108 48, E-mail address ijsmith@sandulligrace.com DECLARATION I have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief. 49, Name 50. Signature/s/ 51. Title (if any) Jennifer Smith Jennifer Smith Labor Counsel 52,53,54,55. Address (street and No., city/town, state, [56. Telephone and ZIP code) Number 44 School Street STE 1100 Boston MA 02108 6175232500 57. E-mail address jsmith@sandulligrace.com CERTIFICATE OF SERVICE I hereby certify that I have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party. 58. Name of 59,61,62,63. Address (street and |60. Telephone ‘Representative Being No., city/town, state, and ZIP Number Served code) (781) 598-4545 Howard Greenspan, Esq. |200 Broadway, STE 304 Lynnfield MA 01940 64. E-mail address of Representative Being Served hgreenspan@greenspanlawyers.com 65. Method of Service: In hand (H), First Class Mail (M), |E E-mail (E), 66. Other (O) 67. Signature of Person making Certification/s/ 68. Telephone Jennifer Smith Number 617-523-2500 69. E-mail address jsmith@sandulligrace.com '70. Do you have additional attachments? IN The DLR does not discriminate on the basis of disability in access to its services. Inquiries, complaints or requests, including requests for auxiliary aids and information regarding access features should be directed to the ADA Coordinator (617) 626-7132. This document is available in alternative formats.