Case Filed
Town of Winthrop · from StateReference · 3 pages · 522 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 ; :
MUPAY— 726 O F-H AL
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 OLR will not issue a complaint unless the charging parly 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 Austin Faison (617) 846-1852
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
Massachusetts Coalition of Police Scott Hovsepian (508) 581-9336
8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number
P.O. Box 768, Millbury, MA 01527 (508) 581-9564
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)
Section 10(a)(5) and, derivatively, Section 10(a)(1) of the Massachusetts General Laws Chapter 150E
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.)
On April 3, 2019, a "Notice of Special Meeting" was issued via electronic mail by MassCOP Local 421
AFL-CIO E-Board member Sean Perrin. On April 6, 2019 a copy of this email was forwarded to me by Sgt.
Arthur Hickey, Jr. since | had not been included in the original list of recipients. The email stated "Please be
advised there will be a special union mecting held on Wednesday April 10, 2019 at 1630 hrs in the roll call
room of the Winthrop Police Department. The purpose of this meeting is to disseminate the one year MOU
proposed by the Town for review by our members. A further meeting will be called for the following
Wednesday April 17, 2019 @ 1630 hrs to vote on whether or not to ratify the proposed MOU." On
Wednesday April 10, I attended the union meeting and was informed that the Town has refused to bargain
over a successor Collective Bargaining Agreement by Union President James Feeley. He also stated that there
were no proposals solicited from the Union membership, no Ground Rules agreed upon, no contract
negotiations sessions held and no written Union or Town Proposal exchanged. He stated the Town had
refused to schedule any contract negotiation sessions and provided him with a Memorandum of Agreement ("
MOA") for our members to vote on. The proposed MOA is to cover the period between July 1, 2018 - June 30,
2019. During the last ratification, the members were under the understanding that we would be negotiating a
3 year contract this time. The proposed MOA contains amendments and changes that would harm senior
officers of the department regarding Shift Bidding and other Contractual benefits including vacation
preference. The Town has also published a Legal Notice in the Winthrop Sun Transcript Newspaper dated
April 4, 2019 which states "The Town Council vote to transfer $35,000.00 from Salary Reserve to the Police
Department Budget to cover the costs associated with the recent Union Agreement." These chilling acts
constitute prohibited practices under Massachusetts General Laws Chapter 150E (“The Law") by failing to
meet to bargain in good faith over a successor Collective Bargaining Agreement and pushing an unlawful
agenda. I am therefore respectfully requesting that the DLR find that this proposed MOA wasn't negotiated
at all and that the DLR find probable cause that the Town has violated the relevant sections of The Law as
atlegede
y 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
14. (a) Is there a collective bargaining agreement that may apply to the conduct that is
alleged to have violated the Law? C] 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.
(c) Is there a grievance concerning this matter pending? im
Yes
I) 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 Town be ordered to participate in good faith contract negotiations and declare this MOA unlawful.
16. Have you attempted to settle this case?
C] Yes No
If not, why not?
Town has refused to abide by the Public Sector Bargaining requirements of M.G.L. Chapter 150E
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
Ferruccio Romeo Ferruccio Romeo (781) 213-5058
19. Address (street and No., city/town, state, and ZIP code) 21. Fax Number
9 Hitching Hill Rd, Saugus, MA 01906
22. The Charging Party is an:
Individual | Employee Organization C] 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 knowledgeand belief.
Name (print) POO Zz a _ Title (if any)
Ferruccio Romeo - ess Patrol Officer
Address (street and no., city/town, state, and ZIP-Code) - = Telephone Number
9 Hitching Hill Rd, Saugus, MA 01906 (781) 213-5058
CERTIFICATE OF SERVICE
| 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
Austin Faison 1 Metcalf Square, Winthrop, MA 02152 (617) 846-1852
Method of Service Pla, a Naat
C) In hand C) First Class Mail Other (specify): Electronic Mail
——> aa?
Signature of Person masdngy Certificatio; Telephone Number
LEE = ELLE - (781) 213-5058
Co 7 =
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
Demarco, Shirley (DLR)
From: Ferruccio Romeo <[removed]>
Sent: Thursday, April 11, 2019 2:58 PM
To: Austin Faison; Ferruccio Romeo; Fero Law; Ferruccio Romeo; Efile DLR (EOL)
Subject: New Filing
Attachments: ULP Contract MOA of 2019.pdf
Attached please find the following:
1. Charge of Prohibited Practice.
Thank you.
Sincerely,
Ferruccio Romeo
cc: Austin Faison (Electronic mail only)
Town Manager