Case Filed
Town of Winthrop · from StateReference · 4 pages · 533 KB
open the file ↗ · original at the source ↗
Demarco, Shirley (DLR)
= =
From: EFile DLR (DLR) <efiledir@mass.gov>
Sent: Thursday, April 18, 2019 1:36 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.
COMMONWEALTH OF E-File (Date Filed 7
MASSACHUSETTS ie ~ |
DEPARTMENT OF LABOR 498 —|
RELATIONS |
CHARGE OF PROHIBITED |
p-)G=-F7a77 |
PRACTICE muPl4- 7 |
M.LG.L. c.150E _ |
EMPLOYER
1. Name a - _ i: Telephone Number
Town of Winthrop 781- 598- 4541
|
|
- ——_— —— _ eeemeenecenensnmeanas |
3,4,5,6. Address (street and No., city/town, state, and ZIP code) ve FAX Number —
200 Broadway, Suite 304 Lynnfield MA. 01940 _|781- 598-4579
EMPLOYER'S LABOR RELATIONS REPRESENTATIVE
8. Name ‘lo. Telephone Number
Howard Greenspan, Esq. 781- 598- 4541
10, 11, 12 13. Address (street and No., city/town, state, and ZIP 14. FAX Number |
code) 781-598-4579
200 Broadway, Suite 304 Lynnfield MA 01940
15. E-mail address l16. Firm/Organization |
hgreenspan@greenspanlawyers.com Name
Attorney At Law
EMPLOYEE ORGANIZATION (if any)
17. Name 18. Telephone Number
Winthrop Police Union, Local 421 MCOP 617-367-7200
"19,20, 21,22. Address (street and No., city/town, state, and ZIP code) {23. FAX Number
2 Liberty Sq., 10th Floor Boston MA 02109 617-367-4820
EMPLOYEE ORGANIZATION'S LABOR RELATIONS REPRESENTATIVE
‘24. Name 25. Telephone Number
(Patrick N. Bryant 617-367-7200
'26,27,28,29. Address (street and No., city/town, state, and ZIP (30. FAX Number
code) 617-367-4820
'2 Liberty Sq., 10th Floor Boston MA 02109
'31. E-mail Address 32. Firm/Organization
ipbryant@pylerome.com Name
P yant@ Pyle Rome Ehrenberg, PC
'33. This charge is filed against Employer (E) or Employee Organization (O): E
34. The above named employer or employee organization has engaged or is engaging in a
iprohibited practice within the meaning of Massachusetts General Law, Chapter 150E,
Section(s) (enter all appropriate sections/subsections)
'150E-10(a)1: 150E-10(a)3:150E-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.
‘Within the last six months, the Town of Winthrop has refused to fully comply with a final and
binding arbitration award, even after the initial award was affirmed by Massachusetts appellate
courts. Furthermore, within the past six months, the Town has refused to comply with a final and
‘binding award pertaining to the remedy ("Remedy Award") for the Town's contractual violation that
was at issue in the initial award. And the Town has repudiated an agreement to pay lost details,
lovertime, interest and grossup payment ordered by the Remedy Award, including a specific
‘agreement by the Town to pay $530,000. In January 2015, the Town terminated then-Union
President Ferruccio Romeo. In February 2016, an arbitrator overturned the termination and ordered
the Town to reinstate Romeo and make him whole. The Town refused to do so, and filed a baseless
action to vacate the decision. The Appeals Court confirmed the Award in 2018, and the SJC rejected
ithe Town's petition for certiorari. Wh! ile the Town ultimately reinstated Romeo as a police officer
tin 2018, the Town has failed, if not refused, to pay any monies to make Romeo whole for the lost
wages and benefits. The Union was required to request a hearing with the arbitrator to address the
iremedy and to brief its argument. The Town never disputed its obligation to pay lost overtime or
details; the only dispute between the parties was the method used to calculate damages of lost
overtime and details. The Remedy Award, issued January 19, 2019, largely adopted the arguments
land formulas sought by the Union to remedy the Town's breach. The Town never filed an action to
iseek review of the Arbitrator's Award, to the Union's knowledge. The Union subsequently provided
estimates of damages along the methodology ordered by the Arbitrator. The Town never contested
‘the Union's calculations, nor contended that the Arbitrator exceeded his authority. Ultimately, the
'Town agreed to pay approximately $530,000 to address all monies Romeo is entitled to receive,
‘except for the “grossup" payment to be addressed by the parties at a future date. The Town affirmed
‘the agreement in writing (attached to letter to Greenberg). The Town later repudiated this agreement
|and its binding obligation to compensate for lost details, overtime, interest and gross-up payments.
‘A copy of the Town's repudiation is attached. Even assuming the Town may repudiate an agreement
under certain circumstances, the stated basis of the Town's repudiation is without merit.. The Town
irelies upon a non-binding superior court decision interpreting authority of Civil Service
‘Commission to remedy unlawful terminations. The case has no application to authority of arbitrator
2
ito remedy terminations without just cause. The Union cited to applicable authority i in its post-
hearing brief. By the foregoing and related conduct, the Town has violated various provisions of the
‘Act and continued to retaliate against Romeo for concerted, protected activity, a campaign that has
existed at least as of when the Town removed Romeo from duty in November 2014. His protected
jactivity includes, but is not limited to, advocacy on behalf of fellow police officers raising
jcontractual and statutory claims, and his own filing of grievances on behalf of the Union.
36. (a) Is there a collective bargaining agreement that may apply to the 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.
| Articles I, II, III, VIII, IX and related provisions
\(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.
Make whole, attorneys fees, arbitration fees, interest, notice posting, notice reading, notice
publication in local media, and all relief ordered by Arbitrator, and all other necessary relief.
'38. (a) Have you attempted to settle this case? ly|
_ (b) If not, why not?
\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).
[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 Organization (O), |O
Employer (E):
‘40. Name 41. Representative to contact |42. Telephone
'Winthrop Police Union, Local 421 MCOP Patrick N. Bryant Number
‘ 617-367-7200
43,44,45,46. Address (street and No., city/town, state, and ZIP code) 47, FAX Number
‘2 Liberty Sq., 10th Floor Boston MA 02109 617-367-4820
48. E-mail address
:pbryant@pylerome.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)
Patrick Bryant Patrick Bryant /s/ Attorney
52,53,54,55. Address (street and No., city/town, state, and ZIP code) 56. Telephone Number
2 Liberty Sq., 10th Floor Boston MA 02109 6173677200
‘57. E-mail address
‘pbryant@pylerome.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 Representative
‘Being Served
‘Howard Greenspan, Esq.
59,61,62,63. Address (street and No.,
city/town, state, and ZIP code)
60. Telephone
Number
200 Broadway, Suite 304 Lynnfield MA 01940 |781-598-4541
164, E-mail address of Representative Being Served
‘hgreenspan@greenspanlawyers.com
‘65. Method of Service: In hand (H), First Class Mail (M), E-mail (E), 66.
Other (O)
E
67. Signature of Person making Certification/s/
‘Patrick Bryant /s/
68. Telephone
Number
617-367-7200
(69. E-mail address
‘pbryant@pylerome.com
‘70. Do you have additional attachments?
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.