Case Filed

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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. c.150E =
Mupb-is -4ésHO0E~- 29-75

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 James McKenna, Town Manager | 617-846-1077

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

One Metcalf Square, Winthrop, MA 02152 617-846-5458
6. | Employee Organization (if any): 7. Representative to contact 9. Telephone Number
Massachusetts Coalition of Police Hugh Cameron, President 508-581-9336

8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number

182 Worcester Providence Tpke (Rte. 146 South), Sutton, MA 01590 508-581-9564

41. This charge is filed against (check one)

Employer | 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)(1), 10(a)(2), 10(a)(3) & 10(a)(4)
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.)

This is a follow-up Charge to MUP-14-4210 which was filed on December 12, 2014. I filed that charge as
President of MCOP Local 421 AFL-CIO after being placed on Administrative Leave in retaliation for my
protected Union activity as President of the Local Union. Since the filing of the initial Charge, I was
terminated on January 9, 2015 from my position as a Police Officer. My termination was in retaliation for my
protected Union activity, as well as in retaliation for filing the initial Charge of Prohibited Practice on
December 12, 2014 at the Commission. The initial Charge, MUP-14-4210, has been deferred to arbitration by
the Commission, which is currently scheduled for August 24, 2015. 1 hereby respectfully request that this
Charge also be deferred to the pending arbitration.

By these and other acts, the party complained of has interfered with, restrained, and/or coerced rights guaranteed by the Law.
DLR FORN-005 (page 1)
Revised 08/13

14. (a) Is there a collective bargaining agreement that may apply to the conduct that is ra CO
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.
Articles I, If, Il, VIII, XXXV, XXXIX and any other applicable articles and sections.
(c) Is there a grievance conceming this matter pending?

Yes C] 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.

Reinstatement with all back pay and benefits.

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

Note: The DLR may decline to issue a complaint unless reesonable 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 781-389-2951

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 L] Employee Organization LC] Employer

DECLARATION

I have read the above charge of prohibited practice and swear under the pains and penaities 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)

Ferruccio Romeo

Address (street and no., city/town, state, and ZIP code) Telephone Number

9 Hitching Hill Rd, Saugus, MA 01906 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.

Name Address (street and no., citytown, state, and ZIP code) [Telephone Number
Howard L. Greenspan 200 Broadway, Suite 304, Lynnfield, MA 01940 | 781-598-4545
Method of Service
C In hand First Class Mail im Other (specify):
2
Signature of Pe; ki rtifical ‘Telephone Number
781-389-2951

The DLR dees not discriminate on the basis of disability in access to Its services. Inquiries, complaints or requests,
including requests for audllary alds and information regarding access features should be directed to the DLR FORM-005 (page 2)
ADA Coordinator (617) 626-7132. This document Is available In altemative formats. Revised 08/13

87:3 WY ST.D2NTIr ad

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.O0.P. LOCAL 421 AFL-CIO

AND

TOWN OF WINTHROP

JULY 1, 2011 — JUNE 30, 2014

BT HY STENT aI

ARTICLE I
ARTICLE It
ARTICLE Ill
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII:
ARTICLE VIII
ARTICLE Ix
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVII
ARTICLE XIX

_ ARTICLE XX

ARTICLE XX1

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

All

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2
13
15
16
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ARTICLE XXII
ARTICLE XXII
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
ARTICLE XXIX
ARTICLE XXX
ARTICLE XXXI

_ ARTICLE XXXII
ARTICLE XXXII
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

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AGREEMENT

This Agreement entered into this day of 2007 between the Town of
Winthrop, Massachusetts (hereinafter referred to as the "Employer") and the Winthrop Police,
LB.P.O., Local 397 (hereinafter referred to as the "Union").

ARTICLE I
INTENT AND PURPOSE

The general intent and purpose of this Agreement is in the mutual interests of the
Employer and the Union to provide for the operation of our Police Department under methods
which will further to the fullest extent possible the safety, welfare and health of the inhabitants of
the Town of Winthrop under conditions which will insure economy of operation, quality and
quantity of performance, upkeep of the Town, and the protection of life and property.

By the consummation of this Agreement the parties seek to continue and promote
harmonious relations and mutual cooperation between the Employer and the Union; to formulate
work rules to govern the relationship; to insure the uninterrupted operation of police services; to
set forth the agreement of the parties with respect to rates of pay, hours of work and conditions
of employment under which members represented by the Union perform their duties; to provide
for an orderly and equitable adjustment of all grievances as herein defined, all with the goal of
improving the police services in the Town of Winthrop.

In seeking to achieve these goals the parties acknowledge that the Employer has and must
retain complete authority over the policies and administration of the departments which it
exercises under law, except as expressly modified by a specific provision of this Agreement. -

ARTICLE II
RECOGNITION

Section 1: Subject to any applicable provisions of state or federal law, or regulations now

or hereafter in effect, this Employer recognizes the Union as the exclusive collective bargaining ,
agent in respect to wages, hours and terms and conditions of employment for full-time, certified
employees employed by the Town of Winthrop in the Police Department, including: :

1. Patrolmen

2. Sergeants
but excluding:

Chief of Police
2. Intermittent Employees
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 b¢
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 Ill
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 i 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 sum 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.

come within the jurisdiction of said Civil Service Commission may be processed either as a

grievance or as a Civil Service appeal, but not both..

ARTICLE Vil
UNION ACTIVITY ON DEPARTMENT PROPERTY

Section 1: The members of the Department shall be permitted to hold regular business
meetings of the Union on Department property. Except as to said regular business meetings and
to to the extent expressly permitted in Article VIII (Grievances) or except as expressly approved by
the Chief or his/her designee, no member of the Union shall conduct Union business on —
Department property.

Section 2: Bulletin board announcements shall be posted in conspicuous places where —

employees enter or leave the premises. Parties to this Agreement, both of whom may use this
bulletin board for signed notices of routine nature, agree that it would be improper to post
denunciatory or ‘ inflammatory written material on such bulletin boards.

ARTICLE VIII
GRIEVANCE PROCEDURE
. \ . :
Section 1: For the purposes of this Agreement, a grievance shall be defined as a

complaint between the Employer and the Union and/or any employee involving only an alleged
specific and direct violation of express language of a specific provision of this Agreement. ;

Section2: A grievance must be presented within four (4) working days of the time of:
the occurrence of the alleged contract violation or within four (4) days from the time the
employee should have reasonably acquired knowledge of the incident giving rise to the contract
violation and must be processed in accordance with the steps, time limits and conditions set forth
below in this Article.

(A) The employee, with a steward or representative if she/he so desires, shall take up
the grievance or dispute in writing to the Chief or his/her designee within four (4) working days
of the occurrence giving rise to the grievance. The Chief or his/her designee shall attempt to
adjust the matter and shall respond in writing within four (4) working days. If the grievance is
not satisfactorily settled at this step,

(B) ___ It shall be appealed in writing within seven (7) days after receipt of the written

answer of the Chief or his/her designee by the employee to the Town Manager. The Town

‘Manager or his designated representative and the employee, and counsel and/or an authorized

representative of the Union, shall meet to discuss the grievance as promptly as possible, normally

- within fourteen (14) days, at a time designated by the Town Manager. If any person or persons

are to represent or appear with the employee at this meeting, the Town Manager will be informed
in writing at least three (3) days before the meeting of the names and titles of such persons. The
Town Manager or his designated representative shall elect whether this discussion shall take
place during working hours or not. The Town Manager will give his written answer to the -
grievance within ten (10) days following the conclusion of the meeting. If both the Chief or
his/her designee and the Town Manager appoint a designee under this section, it shall not be the
same person for both steps. If the grievance is not satisfactorily settled at this step, it may,

(C) Be appealed to arbitration by written Demand for Arbitration within fourteeh (14)
working days after the receipt of the written answer under Step 2. This appeal to arbitration shall
be in accordance with the procedure and conditions set forth in Article IX.

‘Section 3: A grievance not initiated within the time specified shall be deemed

waived. Failure of the Union to appeal a decision within the time limit specified shall mean that

- the grievance shall be considered settled on the basis of the decision last made and shall not be

eligible for further appeal. Failure of Town Manager to answer an appeal within the time limit
specified shall mean that the appeal may be taken to the next step immediately. The above '
limitations may be waived by mutual agreement of the parties.

Section 4: No reprisals of any kind will be taken by the Employer against any party
in interest or any participant in the grievance procedure by reason of such participation.

’ Section 5: "The Union recognizes the authority and responsibility of the officers, the

Chief or his/her designee and the Town Manager for reprimanding or disciplining an employee
for delinquency of performance.

Section 6: No employee will be disciplined, reprimanded, reduced in rank or
compensated or deprived of any wage increase or increment without just cause. Any contention
that the Town Manager has acted in an arbitrary or discriminatory manner in withholding a wage

increase or increment may be raised as a grievance.

The parties agree that nothing in this Agreement is intended to add to or subtract from the
rights and remedies provided by any Civil Service law, or to make arbitrable a question which is
covered under Civil Service law. :

Notwithstanding any provision of this Agreement to the contrary, any matter which i is
subject to the jurisdiction of the Massachusetts Superior Court and where a Union member files a
complaint in the Superior Court to enforce any private right of action, which is also enforceable
under the Collective Bargaining Agreement, it shall not be the subject of a grievance or
arbitration. -

ARTICLE IX
ARBITRATION

Section 1: In the event either party elects to submit a grievance to arbitration, the
arbitrator shall be selected according to and shall be governed by the following procedure:
Within fourteen (14) working days after receipt of the Town Manager’s written answer under
Step 2 of the Grievance Procedure set forth at Article VII of this Agreement, the party
demanding arbitration shall file a written Demand for Arbitration to the American Arbitration
Association , with a copy to the Town Manager, and shall request the AAA to provide an
arbitrator to be selected under the provisions of the Voluntary Labor Arbitration Rules.

Section 2: Each party shall bear the expense of its representatives, participants,
witnesses and for the preparation and representation of its own case. The fees and expenses df
any) of the arbitrator of the American Arbitration Association shall be shared equally by the
parties, provided that the obligation of the Town Manager to pay shall be limited -to the
obligation which the Town Manager can legally undertake in that connection. In no event shall
any present or future Town Manager have any personal obligation for any payment under any
provision of this Agreement. If either party desires a verbatim record of the proceedings, it may:
cause such a record to be made and shall be responsible for the cost of said record.

Section 3: - Notwithstanding anything to the contrary, no dispute or controversy shall
be a subject for arbitration unless it involves only an alleged specific and direct violation of
express language of a specific provision of this Agreement. The arbitrator shall have no power to
add to, subtract from, or modify any of the terms of this Agreement. The parties are agreed that
no restrictions are intended on the rights and powers of the Employer except those specifically

The employee will earn these credits on his/her own time and the Employer shall ‘not be
responsible for the employee's tuition.

ARTICLE XXXV
DISCIPLINARY ACTION

No permanent employee shall be removed, dismissed, discharged, suspended or charged
in any manner except for just cause and at any hearings or interviews attendant thereto the police
officer will have an opportunity to have an attorney present on his behalf.

ARTICLE XXXVI
EVALUATIONS

Employees shal] be evaluated once annually and within thirteen (13) months of the
employee’s last evaluation by the Chief of his/her designee using an evaluation instrument
developed and agreed to by the parties. A joint sub-committee will be formed to developed a
mutually agreed upon evaluation instrument to be completed by

ARTICLE XXXVI
DRUG TESTING
{ .

A. Probationary Employees. Employees may be tested periodically during the
probationary period with or without reasonable suspicion at such times as may be determined by
Chief.

B. Absence from Duty. An employee who is absent from duty for more than sixty (60):
continuous calendar days on sick leave, injured-on-duty leave, disciplinary suspension , or leave
of absence may be tested once within the first seven (7) calendar days after his return to active
duty. Employees may make a timely appeal of the Chief's decision that he/she be tested to the
Town Manager.

Cc. Serious Incidents. _An employee involved in an incident on the job which involves
serious property damage, is life threatening, or involves serious bodily injury may be tested
where the Chief has reasonable belief that the incident was within control of the employee.

D. Reasonable Suspicion. An employee may be tested after a determination by the Chief
or his designee that thiere is reasonable suspicion to test the employee. Reasonable suspicion is a
belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an
employee is using or is under the influence of drugs so that the employee’s ability to. perform
his/her duties is impaired. Reasonable suspicion shall be based upon information of objective
facts obtained by the department and the rational inferences which may be draw from those facts.

first laying-off or eliminating the Civilian Dispatcher. A member of 397A will be assigned to
the station at all times, even if the Civilian Dispatcher position is implemented.

ARTICLE XXXIX
DURATION

Section 1: This Agreement shall become effective retroactive to July 1, 2005 subject
to the provisions of Section 2 of this Article and shall continue in effect up to and including June
30, 2008 and shall thereafter renew itself for successive terms of one (1) year each unless sixty
(60) days prior to December 31, 2002 or any December 31st thereafter, either the Employer or
the Union shall have given the other written notice of its desire to modify or terminate this
Agreement.

In the event that a successive contract is not effectuated on the date of termination of this
Agreement, then all the provisions of this Agreement shall remain in full force and. effect until a

succeeding agreement is consummated. .
: Section 2: This Agreement shall become effective only to the extent that sufficient

funds are appropriated and to the extent that necessary amendments to all laws, ordinances, and
__ by-laws are approved at Town Council so that this Agreement will not conflict with any said

~ law, ordinance or by-law.
The Employer shall request and actively support and urge at Town Council the necessary

appropriations and propose necessary amendments to existing laws, ordinances and by-laws. .

; IN WITNESS WHEREOF, the authorized representatives of the parties have set their
hands this day of November, 2007.

‘OWN MANAGER,

let an Sf o5

APPROVED AS TO FORM
* TOWN COUNSEL