MUP-20-7789 Amended Charge
Town of Winthrop · from StateReference · 16 pages · 3.0 MB
open the file ↗ · original at the source ↗
The Commonwealth of Massachusetts
Department of Labor Relations
Charles F. Hurley Building
19 Staniford Street, 1° Floor
Boston, MA 02114
Ferruccio Romeo
9 Hitching Hill Rd
Saugus, MA 01906 January 17, 2020
RE: MUP-20-7789, Town of Winthrop: Supplemental/Amended Charge
On January 10, 2020, the Complainant, Ferruccio Romeo (“Mr. Romeo”) filed a charge of
prohibited practice with the Department of Labor Relations (“DLR”), individually, alleging that the Town
of Winthrop (“Town”) had violated Section 10(a)(5) and derivatively, 10(a)(1) of M.G.L. c.150E (“the
Law”). On January 15, 2020 the DLR issued a Notice requiring show cause in writing why the DLR should
not dismiss the charge with prejudice without an investigation due to the fact that individual employees
do not have legal standing to claim Mr. Romeo’s allegations since the Union and the Town are the only
entities that can bring bad faith bargaining charges as they are the only parties in the bargaining
relationship. Although Mr. Romeo informed the Local Union of the facts several times, no action was
taken by the Union which resulted in his filing of this charge individually. Mr. Romeo hereby amends this
charge alleging that Police Chief Terence M. Delehanty and Town Manager Austin Faison, designated
representatives of the Town, have violated Section 10(a) (4) of the Law, and derivatively Section 10(a)
(1) of the Law by discriminating and retaliating against Mr. Romeo because he has filed several
complaints against them at the DLR both prior to his unlawful termination and since being reinstated.
The following is in response to the DLR’s Notice which forms the basis of this amended charge regarding
the Town of Winthrop’s continued discrimination and retaliation against Mr. Romeo for engaging in
protected, concerted activity since his reinstatement.
1. The Town of Winthrop’s and Police Chief Terence M. Delehanty’s animus toward Mr. Romeo is
well documented at the DLR.
2. The following charges have been filed and docketed by Mr. Romeo at the DLR, which remain
pending:
MUP-14-4210
MUP-15-4652
MUP-19-7261
3. The following charge was filed by the Union in reference to the Town’s continued retaliation
against Mr. Romeo by refusing to fully comply with a final and binding arbitration award, even
after the initial award was confirmed by the Massachusetts Appellate Courts and by refusing to
comply with a final binding award pertaining to the remedy (“Remedy Award”):
MUP-19-7277
4. Department of Labor Relations Director, Philip T. Roberts, is aware of the facts and
circumstances of the charges stated above and the history between the parties.
5. Mr. Romeo reiterates and reinforces his amended charge that the Town has discriminated
and retaliated against him since his reinstatement by conducting a Shift Bid for Sergeants
only negatively impacting his working conditions in violation of M.G.L. c.150E, section
10(a)(4), and derivatively section 10(a)(1) of the Law.
6. Mr. Romeo reiterates and reinforces his amended charge that the Town has discriminated
and retaliated against him by altering the method of calculating seniority contrary to the
express language of the Collective Bargaining Agreement in violation of M.G.L. c.150E,
section 10(a)(4), and derivatively section 10(a)(1) of the Law.
7. Mr. Romeo reiterates and reinforces his amended charge that the Town has discriminated
and retaliated against him by changing his terms and conditions of employment by
repudiating his rights under the Collective Bargaining Agreement and the Law in violation of
M.G.L. c.150E, section 10(a)(4), and derivatively section 10(a)(1) of the Law.
8. Mr. Romeo reiterates and reinforces and revives his prior request in this amended charge to
request the DLR conduct an investigation into all the charges filed by Mr. Romeo
Therefore, by the foregoing and related conduct, the Town and its designated representatives have
violated M.G.L. c.150E, section 10(a)(4), and derivatively section 10(a)(1) of the Law (Act) by their
continued discriminatory and retaliatory conduct due to Mr. Romeo’s long history as Union President for
concerted, protected activity, a campaign that continues to exist from when the Town unlawfully
removed him from duty in November, 2014 in retaliation for strongly opposing sex discrimination based
on gender against 2 female police officers, Nancy Dalrymple and Judy Racow, raising numerous
contractual and statutory claims, as well as many of his own filing of grievances on behalf of the Union.
Dated: January 17, 2020
inthrop Police Department
cc: Austin Faison, Town Manager
Town of Winthrop
THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF LABOR RELATIONS”
CHARLES F. HURLEY BUILDING COMMONWEALTH
19 STANIFORD STREET
15" FLOOR, BOSTON, MA 02114 RELATIONS BOARD
CHARLES D. BAKER PHONE: (617) 626-7132 MARJORIE F. WITTNER
GOVERNOR Fax: (617) 626-7157 ;
KARYN E. P efile.dir@ma v KATHERINE G. Lev
ut CARYN an OLITO . s8.g0 Boarp MEMEER
NANT GOVERNOR www.mass.gov/air ; JOAN ACKERSTEIN
PuiiP T. ROBERTS . BOARD MEMBER
DIRECTOR
January 15, 2020
Ferruccio Romeo
9 Hitching Hill Road
Saugus, MA 01906
.Re: MUP-20-7789, Town of Winthrop
Dear Mr. Romeo:
On January 10, 2020, you filed a charge of prohibited practice with the
Department of Labor Relations (DLR) alleging that the Town of Winthrop (Town)
had violated Section 10(a)(5) and, derivatively, 10(a)(1) of M.G.L. c.150E (the
Law). The DLR has reviewed and docketed the charge. The DLR has not
directed an investigation into the charge because you, as an individual, may not
have legal standing to file it.
You alleged in your charge that “the Town has committed a prohibited
‘practice as defined under the Law, both regarding conducting a shift bid for
sergeants only and for unilaterally altering the method of calculating seniority
which is contrary to the express language of the Collective Bargaining
Agreement without notice and an opportunity to bargain.” Your charge appears to
only allege that the Town failed to bargain in good faith with MCOP Local 421,
AFL-CIO.
Individual employees do not have legal standing to claim that an employer
has failed to bargain by unilaterally changing terms and conditions of
employment or repudiating a collective bargaining agreement. The union and the
employer are the only entities that can bring bad faith bargaining charges,
because they are the only parties in the bargaining relationship. Individual
employees have no standing to file a charge against an employer for failing to
bargain in good faith pecalise the employee is not a party to the bargaining
telationship. Quin Employees Union, H.L.P.E., 156 MLC 1340, 1355
(1989), affid sub. nom. en v. Labor Relations Commission 309 Mass. App.
Ct. 9 (1991), further rev. den‘d, 409 Mass. 1104 (1991).
Consequently, you must show cause in writing why the DLR should not
dismiss your charge with prejudice without an investigation. Any show cause
response that you may wish to submit must be efiled to the DLR at
efile/DLR@mass.gov by the close of business on January 24, 2020. If you do
not efile a show cause response on or before January 24, 2020, the DLR will
dismiss this charge with prejudice without an investigation.
Very truly yours,
DEPARTMENT OF LABOR RELATIONS
“PL Th &
Philip T. i
Director
CC: Howard Greenspan, Esq.
Austin Faison
COMMONWEALTH OF MASSACHUSETTS DO NOT WRITE IN THIS SPACE
DEPARTMENT OF LABOR RELATIONS
CHARGE OF PROHIBITED PRACTICE Case No. Date Filed
M.G.L. c.150E MUP-20-7789 | | |01/10/2020
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. ¢.150E, §§13 and 14.
1 Employer 2. Representative to contact 4. Telephone Number
Town of Winthrop Austin Faison, Town Manager ‘| (617) 846-1705
3. Address (street and No., city/town, state, and ZIP code) 5. Fax Number
1 Metcalf Square, Winthrop, MA 02152
6. | Employee Organization (if any): 7. Representative to contact 9. Telephone Number
MassCOP Local 421 AFL-CIO Michael Connolly, President (617) 846-1212
8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number
3 Metcalf Square, Winthrop, MA 02152
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, derivatively, 10(a)(1) of the Law
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.)
The following is a Summary of the Charge (s) based upon direct first hand knowledge:
Sergeants and Patrol Officers of the Winthrop Police Department are members of the same Collective
Bargaining Unit, MCOP Local 421 AFL-CIO. I hold the rank of Sergeant. I was the President of the Local
Union from December 2004 through February 2015 at which time I was unlawfully removed as Union
President and unlawfully terminated from my employment by Police Chief Terence M. Delehanty and former
Town Manager James M. McKenna who was forced to resign at a later date. | was unlawfully removed in
retaliation of my strong union advocacy for women. Prior to being unlawfully terminated in 2015, a demand
for binding grievance arbitration of 3 Grievances (Filed by 2 women)was filed with AAA Arbitration which
specifically dealt with this very same issue, namely seniority as defined under the contract. I was reinstated in
July 2018. Several charges have been filed at the DLR, both prior to my unlawful termination and since my
reinstatement, and remain pending. On or about December 18, 2019, Chief Terence M. Delehanty issued
General Order 19-09 RE: Shift Bids for Sergeants. The General Order instructed Sergeants to bid their shift
according to "In-Rank" seniority. The Collective Bargaining Agreement defines seniority as "continuous
service in the Winthrop Police Department." That definition is consistent with the Civil Service Commission
interpretation of seniority as defined under M.G.L. c. 31, section 33. Department Rules and Regulations do
not supersede the express language of the contract. Seniority is a clearly defined term in the Collective
Bargaining Agreement. The seniority provision of the contract applies to shift-bidding, vacation bidding,
overtime hiring eligibility, off-duty extra duty police details, layoffs, transfers and promotions, In-rank
seniority is inapplicable. The Police Department conducts a yearly shift bid in July where all the members of
the Union, Sergeants and Patrol Officers who are not assigned to a specialty, bid their shift. The department
has never conducted a Shift bid for Sergeants only during my approximately twenty four employment history
with the Town. After speaking with Union President Michael Connolly, the Sergeant’ s Shift Bid was
1 . aoe ok errs an je Ae eS ia
———
By these and other ‘acts, the party complained of has interfered with, restrained, and/or coerced rights guaranteed by the Law. (DAtind Ck
DLR FOR M-005 (page 1)
Revised 08/13 ~—
13. Summary of basis of Charge(s) - CONTINUED
After Speaking with Union President Michael Connolly, the Sergeant's Shift Bid was conducted without
any notice or opportunity to bargain with the Local Union. Also, the method of calculating seniority,
here in regards to shift-bidding, is a mandatory subject of bargaining under the Law. The Town has
committed a prohibited practice as defined under the Law, both regarding conducting a shift bid for
sergeants only and for unilaterally altering the method of calculating seniority which is contrary to the
express language of the Collective Bargaining Agreement without notice and an opportunity to bargain. |
have been forced, under duress, to participate in an unlawful shift bid and to bid a shift out of my
proper order of seniority in the Winthrop Police Department. In-rank seniority is opposite of the express
language of the seniority article of the contract. In-rank seniority is expressly defined in the Lieutenant's
contract, MassCOP Local 430 AFL-CIO (copy attached) and clearly NOT in the Sergeant's and Patrol
Officer's contract (copy attached) due to it being overwhelmingly voted against in April 2019. Police
Chief Terence M. Delehanty has unilaterally violated the Law and Town Manager Austin Faison has
rubber stamped it as he has been informed at each step and has failed to take any action to prevent it
despite several opportunities to do so.
14. (a) Is there a collective bargaining agreement that may apply to the conduct that is
alleged to have violated the Law?
[Y] Yes LJ 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.
Article XXX - Seniority and Past Practice in reference to Shift Bidding.
(c) Is there a grievance concerning this matter pending?
Yes L] No
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.
The requested remedy is to rescind General Order 19-09 and conduct a shift bid according to dept. Seniority.
16, Have you attempted to settle this case?
If not, why not?
Several attempts with Town Manager Austin Faison via electronic mail.
lv] Yes a 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
Ferruccio Romeo, Sergeant Same
20. Telephone Number
(781) 389-2951
19. Address (street and No., city/town, state, and ZIP code)
9 Hitching Hill Rd, Saugus, MA 01906
21. Fax Number
22. The Charging Party is an:
Individual L] 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.
Z> ra
Name (print) Signature~
Ferruccio Romeo oe
Title (if any)
Sergeant
Address (street and no., city/town, state, and ZIP code)
9 Hitching Hill Rd, Saugus, MA 01906
Telephone Number
(781) 389-2951
CERTIFICATE OF SERVICE
| hereby certify that | have served a copy of this Charge of Prohibited Practice on the following representative of the
opposing party.
Address (street and no., city/town, state, and ZIP code)
Austin Faison, Town Manager 1 Metcalf Square, Winthrop, MA 02152
Name
Telephone Number
(617) 846-1705
Method of Service C]
In hand
CJ First Class Mail
pee 5°
Other (specify):
rn &) FA lolf 0 08
6A € TA eh LOMTUL
aD
VG «LIS
Signature of Person making‘Certificatio
& : : Ps 2 a >
Telephone Number
(781) 389-2951
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.
DLR FORM-005 (page 2)
Revised 08/13
Winthrop Police Union
MCOP Local 421
AFL-CIO
Ferruccio Romeo, President
Stephen Acone, Vice-President
Guilio Bonavita, Secretary/Treasurer
Mary Crisafi, E-Board
617-846-1212
AGREEMENT
WINTHROP POLICE UNION
M.C.0.P. LOCAL 421 AFL-CIO
AND
TOWN OF WINTHROP
JULY 1, 2011 — JUNE 30, 2014
ARTICLE I
ARTICLE II
ARTICLE Il
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII:
ARTICLE VII
ARTICLE IX
ARTICLE X _
ARTICLE XI
ARTICLE XU
ARTICLE XII |
ARTICLE XIV
ARTICLE XV -
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX |
- ARTICLE XX
ARTICLE XXI
TABLE OF CONTENTS
AGREEMENT
INTENT AND PURPOSE
RECOGNITION
NO DISCRIMINATION -
UNION DUES & AGENCY SERVICE FEE
RIGHTS OF THE EMPLOYER
GRIEVANCES INVOLVING CIVIL SERVICE
UNION ACTIVITY ON DEPT. PROPERTY
GRIEVANCE PROCEDURE
ARBITRATION
CONTINUITY OF EMPLOYMENT
VACANCIES AND TRANSFERS
MILITARY SERVICE
BEREAVEMENT LEAVE
SICK LEAVE
PERSONAL LEAVE
SEPARABILITY AND SAVINGS
INSURANCE BENEFITS
HEALTH AND SAFETY
SALARIES AND HOURS
PAY SCHEDULE
LONGEVITY
10
11
All
122
12
13
is
16
17
17
17
18
ARTICLE XXII
ARTICLE XXII
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
ARTICLE XXIX
ARTICLE XXX
ARTICLE XXXI
ARTICLE XXXII
ARTICLE XXXIII
ARTICLE XXXIV
ARTICLE XXXV
ARTICLE XXXVI
ARTICLE XXXVI
ARTICLE XXXVIII
APPENDIX A
winthpol.toc
CHIEF PROSECUTOR
OVERTIME
EXTRA PAID DETAILS
UNION BUSINESS
SUBSTITUTIONS
UNIFORMS AND EQUIPMENT
DUTIES
INJURED LEAVE AND LIGHT DUTY
HOLIDAYS
VACATIONS
COURT TIME
SENIORITY
EDUCATIONAL BENEFITS
DISCIPLINARY ACTION
EVALUATIONS
DRUG POLICY
DURATION
SIGNATURE PAGE
QUINN BILL AGREEMENT
we
18
18
19
2: Sergeants
but excluding:
1g Chief of Police
2. Intermittent Employees
3. Lieutenants
Section 2: The Employer will not aid, promote or finance any labor groups or
organizations which purport to engage in collective bargaining, or make any agreement with any _
such group for the purpose of undermining the Union or changing any condition contained in this
Agreement.
Section 3: This Agreement is a complete Agreement between the parties covering all
mandatory subjects of discussion. The parties agree that the relations between them shall be
governed by the terms of this Agreement and in accordance with the appropriate sections of
Chapter 150E, Massachusetts General Laws.
No prior agreements or understandings, oral or written, shall be controlling or in any way
affect the relations between the parties unless and until such agreements or understandings have
been reduced to writing and duly executed by both parties subsequent to the date of this
Agreement.
All matters not dealt with herein shall be treated as having been brought up and disposed
of and the Employer shall be under no obligation to discuss with the Union any modifications or
additions to this Agreement which are to be effective during the term hereof. No change or
modification of this Agreement shall be binding on either the Employer or the Union unless
reduced to writing and executed by the respective duly authorized representatives.
ARTICLE II
NO DISCRIMINATION
Section 1: There shall be no discrimination, interference, restraint or coercion by the
Town or the Union or their respective agents against any employee because of membership or
non-membership in the Union.
Section 2: The Union agrees to represent all employees covered in this unit 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, color, sex or age.
ARTICLE IV. ; ;
UNION DUES AND AGENCY SERVICE FEES
Under the authority of General Laws, Chapter 150E, the Employer agrees that Union
dues, determined in accordance with the Constitution and Bylaws of the Union, may ‘be deducted
monthly from the salary of any employee in the bargaining unit who signs and files. with the
Town Accountant a form authorizing such deductions. Such authorization shall remain in full ©
force and effect until the employee ceases to be employed in the bargaining unit, or if the
employee remains in such employment, until sixty (60) days after notice in writing by the
employee to the Employer withdrawing the authorization, with a copy thereof filed with the
Treasurer of the Union. The Town Accountant shall remit the sum so deducted to the Treasurer
‘of the Union, provided the Treasurer of the Union has given to the Union a bond for the faithful
performance of his/her duties in a sun) and with such surety or sureties as are satisfactory to the
Town Accountant. . ; ,
Agency Fee shall become a condition of employment in compliance with the terms and
conditions as set out in General Laws, Chapter 150E, Section 12.
The Union agrees that it shall provide the Employer certification that a vote of the ,
majority of the employees.in the Bargaining Unit present and voting did, in fact, vote to include
the provisions of Agency Fee. In the event that legal action is taken by any member of the Union
or by any third party against the Town Accountant and/or the Employer as a result of their.
implementation of the Agency Fee provisions of this Article, the Union agrees to hold the Town °
Accountant and/or the Employer harmless and indemnify them for all expenses or judgments or
allowances entered against them as a result of said action. Further, the Union agrees that it will
"assume the costs to defend the Town Accountant and/or the Employer in any and all such causes
- of action.
ARTICLE XXXII
COURT TIME
Any officer who goes to court before or after his/her regular shift or on a day off, shall be
paid a minimal amount equal to four (4) hours. The officer shall be paid the regular rate of pay
for the court time when she/he is on his/her regular tour of duty. Any officer who is requested to
appear in court other than on his/her regular tour of duty shall be compensated at the rate of one
and one-half (1-1/2) times the regular aii
‘ARTICLE XXXII %
( SENIORITY
\
Seniority is defined as the letigth of continuous full-timeemployment in the Winthrop
Police Department.
The Employer recognizes the principle of seniority in layoffs due to lack of work, |
provided that 'the senior employee is available and qualified to do the remaining work.
The Employer, in recognition of seniority, shall allow an employee to bid for a vacancy
on a different work shift which is caused by death or retirement as long as it is of comparable
duty and rank and does not involve a specialty.
That the seniority provisions of the contract relative only to job bidding for vacancies on
a different work shift? would provide a clause that would allow aggrieved members of the
Bargaining unit to appeal any seniority decision made by the Chief of Police to the Town |
Manager, the Town Manager’s decision shall be final and binding on both parties. Seniority shall
be broken by:
A) Resignation.
(B) Layoff due to lack of work for a period of sixty (60) days.
(C) Discharge for just cause.
ARTICLE XXXIV
EDUCATIONAL BENEFITS
The Employer agrees to compensate each employee Fifty Dollars ($50.00) per year for
each three (3) credits an employee earns towards an Associates Degree or a Bachelors Degree in
law enforcement at an accredited university.
ns
WAAR 2)
WCor
Memorandum of Agreement
Between
Town of Winthrop
And
Winthrop Superior Police Officers Union, MCOP Local 430
The Town of Winthrop and the Winthrop Superior Police Officers Union, MCOP
Local 430, hereby agree except as indicated herein the agreement between the parties
effective July 1, 2017 through June 30, 2018 will continue full force and effect.
1. Salaries
July 1, 2018 1.5%
2. The Town will undertake a compensation and reclassification study prior to the
beginning of contract negotiations for the successor agreement effective July 1,
2019. The cost will be conducted at the Town’s expense.
3. Wages
Ifany other union receives a greater accumulative cost of living raise on the wage
scale the same increase would be applied for this union.
howe. LATE
Town of Winthrop Winthfop Superior Police Officers Union,
MCOP Local 430
Date: oS /13 114 Date: S74 me F-
Any officer who goes to court before or after his/her regular shift or on a day off, shall be
paid a minimum amount equal to four (4) hours. The officer shall be paid the regular rate of pay
for the court time when she/he is on his/her regular tour of duty. Any officer who is requested to
appear in court other than on his/her regular tour of duty shall be compensated at the rate of one
and one-half (1-1/2) times the regular Tate,
gee
aia
1S a
{ ARTICLE XXXII
( SENIORITY
Section 1. The Seniority of Ligitenants shall-daté from the time of their promotion to
such rank. Employees in the same rank promoted on the same date shall their relative seniority
determined on the bases of the grade they receive on the Civil Service examination for that rank,
broken down to the smallest possible percentage. If the grade of two or more employees is the
same, the date of their application for their respective examinations shall govern.
Section 2. Unless otherwise stated, length of service for all other purposes shall be
calculated in accordance with the provisions of M. G. L. Chapter 31, Section 33.
Section 3. Employees taking a leave of absence of more than six (6) months shall have
the aggregate seniority reduced by said period of absence.
ARTICLE XXXUI
EDUCATIONAL BENEFITS
The Employer agrees to compensate each employee Fifty Dollars ($50.00) per year for
each three (3) credits an employee earns towards an Associates Degree or a Bachelors Degree in
law enforcement at an accredited university.
The employee will earn these credits on his/her own time and the Employer shall not be
responsible for the employee's tuition.
ARTICLE XXXIV
DISCIPLINARY ACTION
Section 1: Employees who have completed their probationary period of twelve (12) months
shall not be disciplined or discharged except for just cause. The probationary period shall
y
commence upon the graduation from the Police Academy.
24