Case Filed

Town of Winthrop · from StateReference · 5 pages · 643 KB
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COMMONWEALTH OF MASSACHUSETTS DO NOT WRITE IN THIS SPACE
DEPARTMENT OF LABOR RELATIONS
CHARGE OF PROHIBITED PRACTICE Case No. Date Filed

M.G.L. ¢.150E | _
° NUP-15 —4SbA0S-la-1S

INSTRUCTIONS: Answer all applicable questions. Failing to provide information may result in the dismissal of the charge.

Note: Pursuant to 456 CMR 15.04, the DLR will not issue a complaint unless the charging party has complied with the applicable provisions
of M.G.L. c.150E, §§13 and 14.

1. Employer 2. Representative to contact 4. Telephone Number
Town of Winthrop Howard Greenspan, Esq. 781-598-4545

3. Address (street and No., city/town, state, and ZIP code) 5. Fax Number

200 Broadway, Suite 304, Lynnfield, MA 01940

6. Employee Organization (if any): 7. Representative to contact 9. Telephone Number
8. Address (street and No., city/town, state, and ZIP code) 10, Fax Number

11. This charge is filed against (check one)
Employer L] Employee Organization

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)

10(a)(5) and (1)
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.)

Please see attached.

By these and other acts, the party complained of has interfered with, restrained, and/or coerced rights guaranteed by the Law.

DLR FORM-005 (page 1) ;
Revised 08/13 :

GENO THY GT ZTAW a1

14. (a) Is there a collective bargaining agreement that may apply to the conduct that is Cl
alleged to have violated the Law? Yes 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.

15. 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.

Please see attached.

16. Have you attempted to settle this case?
If not, why not? Yes C] No

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by
the charging party. 456 CMR 15.04(1).

INFORMATION ON CHARGING PARTY

17. Name 18. Representative to contact 20. Telephone Number
Winthrop Lieutenants, MCOP Local 430 Leigh Panettiere 617-523-2500
19. Address (street and No., city/town, state, and ZIP code) 21. Fax Number
44 School Street, Suite 1100, Boston, MA 02108 617-523-2527

22. The Charging Party is an:
LJ Individual Employee Organization L] Employer

DECLARATION

| 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.

Name (print) Signature Title (if any)

Leigh Panettiere Limo (Qrcttans counsel

Address (street and no., city/town, state, and ZIP code) Telephone Number
44 School Street, Suite 1100, Boston, MA 02018 617-523-2500

CERTIFICATE OF SERVICE

I hereby certify that | have served a copy of this Charge of Prohibited Practice on the following representative of the
opposing party.

Name Address (street and no., city/town, state, and ZIP code) {Telephone Number
Howard Greenspan 200 Broadway, Suite 304, Lynnfield, MA 01940 =| 781-598-4545
Method of Service .

LI innana First Class Mail Other (specify): ©“ mail

Signature of Person making Certification Telephone Number
AZO. (Anchor 617-523-2500

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 OLR FORM-005 (page 2)
ADA Coordinator (617) 626-7132. This document is available in alternative formats. Revised 08/13

EE:OTHY ST.ZTAUN wid

Attachment to Charge of Prohibited Practice

Town of Winthrop and
Winthrop Lieutenants, MCOP Local 430, AFL-CIO
May 12, 2015

13. Summary of Basis of Charge:

Asa result of negotiations that took place from May 6, 2014 to October 29, 2014, the parties reached an
agreement based on the Town's October 29, 2014 proposal, with some modifications agreed to at the
table that day. The parties left the October 29, 2014 meeting agreeing that the changes would be
drafted and the agreement executed. The marked-up draft is attached as Exhibit 1.

Thereafter, Union counsel drafted changes to the Town's proposal and e-mailed it to Town counsel,
requesting the Town execute the MOA. When she received no response, counsel followed up with
numerous e-mails and phone calls.

On March 23, 2015, Town Counsel informed Union counsel for the first time that the Town Manager
was refusing to sign the MOA. Town counsel stated that the Town Manager had "buyer's remorse" and
no longer wished to enter into the agreement.

By refusing to execute the agreement, the Town has repudiated an agreement with the Union, in
violation of G.L. c. 150E Section 10(a)(5) and (1).

15. Request for Remedy:

1. Execute the collective bargaining agreement as agreed in negotiations.

2. Compensate members as set forth in the agreement.

3. Pay all members the 1% pay increase which the Town agreed to pay "upon ratification of the
contract" retroactively, with interest, to October 29, 2014.

4. Cease and desist from refusing to execute agreements with the union.

Cease and desist from, in like manner, interfering with, restraining or coercing employees.

6. Post a notice.

Town of Winthrop
Off the record package proposal
10/29/14

This agreement incorporates and continues all the terms of the parties’ current collective
bargaining agreement (most recently amended in the July 1, 2011 to June 30, 2014 MOA), d \
except as modified herein. of

1. Percentage Wage Increases
TNN4 -—2% yor
TANS —2%
TAN6 —2%

2. Accreditation Increases

a) 1% upon ratification of contract

b) 1% upon certification, or on the last day of 2 year of contract as long as members | , da
cooperate fully in preparing for and progressing toward the goal of certification ne
(whichever occurs first)

c) 1% upon accreditation, or on the last day of the 3" year of the contract as long as +
members cooperate fully in preparing for and progressing toward the goal of \
accreditation (whichever occurs first)

d) Whether members cooperate fully as discussed above will be subject to the grievance and
arbitration provision of the collective bargaining agreement.

3. Watch Commander Stipend

In recognition that Lieutenants will continue to assume supervisory functions over all three

shifts: Day shift, PM shift and Midnight shift the Town will offer a 2% Watch Commander %,
Stipend to be add to the base pay of the Lieutenants. There duties will be to ensure all |
responsibilities under proposed policy 4.20 Administrative and/or Operational Duties and °
Responsibilities are carried out by all OIC’s by the end of their tour of duty. When Patrol to

Officers act as OIC’s the Lieutenants will be responsible for approving or returning for

correction all incident, accidents or arrests reports whether or not they were working that actual

shift.

4. Float days
Float days will be eliminated for employees promoted into the bargaining unit after the date of
execution of this contract. Present members’ float days remain the same.

5. Accreditation bargaining

The Town/Police Department will provide the Union with a complete copy of all proposed
policies, including but not limited to those proposed as part of the accreditation process. The

Exhibit I , Q.!

Union and the Town agree to bargain regarding new policies that are mandatory subjects of
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