Case Filed

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DO NOT WRITE IN THIS

COMMONWEALTH OF MASSACHUSETTS SPACE _
DIVISION OF LABOR RELATIONS Case No; Date Filed
CHARGE OF PROHIBITED PRACTICE
M.G.L.c.150E

MvP-13-AS13| IA~37-12—

INSTRUCTION: Answer all applicable questions. Failing to provide information may result in the dismissal fo the charge.
File an original and two (2) copies of this form with the Division.

fs Employer 2. Representative to Contact 4. Telephone Number
Town of Winthrop Atty. Howard Greenspan 781 598 4545
3. Address (street and No.,city/town, state, and ZIP code) 5. Fax Number
200 Broadway, Lynnfield, 01940
6. Employee Organization (if any) 7. Representative to contract 9. Telephone Number
AFSCME Council 93 Atty. Joseph L. DeLorey 617 367 6024
8. Address (street and No.,city/town, state, and ZIP code) 10. Fax Number
8 Beacon St., Boston, MA 02108 617 742 7666
11. This charge is filed against (check one)
xX) 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) (5) amd (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)

In October of this year AFSCME, through its Staff representative Ed Nastari, had occasion to interact with Town of Winthrop
Pubic Works Director Steven Calla. At issue were certain benefits that may or may not have accrued to certain bargaining
unit members (Messrs. Collins, Lindquist, and Craft).

During the course of this interaction, Ms. Calla sent correspondence to Mr. Nastari (copy attached as “a”).

Within this correspondence is an unambiguous statement by Mr. Calla that he, on behalf of the municipal employer, had
engaged in “direct dealing” with bargaining unit members over terms of compensation.

If the fact statements made in “a” are substantially true, there are no material facts in dispute, and the union charges as
follows:

Count 1 — By engaging in direct dealing with unit members over matter(s) that are so-called “mandatory subjects of
bargaining,” the employer has violated s. 10 (a) (5) of the Act.

Count 2 - By engaging in direct dealing with unit members over matter(s) that are so-called “mandatory subjects of
bargaining,” the employer has derivatively violated s. 10 (a) (1) of the Act.

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

14. Have you filed a charge concerning the same allegation with the
National Labor Relations Board? CO Yes XX] No

DLR FORM-004 (page 1)
Revised 11/07

[of arty d.

15. (a) Is there a collective bargaining agreement that may apply to the conduct that is
alleged to violate the Law? YES] noW®

(b) If you checked “Yes” in question 15 (a), please list all of the clauses alleged to apply and attach a copy of each.

16. 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:

Declare Act violated as alleged, and direct the employer to deal with the union, upon the union's request, over
these issues, as they relate to Mr. Collins.

17. Have you attempted to settle this case? Yes Xx NOL]
If not, why not?

Note: The Division 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

18. Name 19. Representative to contact 21. Telephone Number
AFSCME Council 93 Atty. Joseph L. DeLorey 617 367 6024

20. Address (street and No., city/town, state, and ZIP code) 22. Fax Number

8 Beacon St., Boston, MA 02108 617 742 7666

23. The Charging Party is an :

C1 Individual x] Employee Organization (_] 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 an one er of my knowledge and belief.

Name (print) SLATE, Title (if any)
Joseph L. DeLorey General Counsel
Lo

Address (street and no., city/town, state, any, bE) Lee Telephone Number
8 Beacon St., Boston, MA 02109 617 367 6024

7 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
Atty. Howard Greenspan 200 Broadway, Lynnfild, MA 01940 781 598 4545

Method of Service
a In hand ra First Class Mail 7 [] Other (specify):

Signature of Person -; ah Telephone Number
617 367 6024

The Division does not dis inate on = basis of Loy to its services.
Inquiries, complai uests, including requests foeuxiliary aids and information

regarding acce: es should be directed to the ADA Coordinator (617) 626-7132.

This document is available in alternative formats. DLR Form-004 (page 2)

Revised 12/07

EXHIBIT
we
10-31-12

Ed,

As requested, I’ve looked into all three FY 12 retirement cases. (Lindquist, Craft,
Collins) Both Mr. Lindquist and Mr. Craft were paid 200 sick days at a rate of $30.00
per day. Neither individual was paid accrued sick time (only regular sick time). Both
Mr. Lindquist and Mr. Craft were also only paid the percentage of their clothing
allowance that equaled the amount of FY12 employment as agreed upon by all 3 parties
involved. Mr. Lindquist and Mr. Craft were also asked to use 3 of their 5 weeks of
vacation time prior to retirement leaving only 2 weeks pay out by the Town. It should
also be known, that Mr. Lindquist and Mr. Craft each worked until the day of their
respective retirements.

Mr. Collins retirement request came much sooner to the actual date of retirement than
both Craft and Lindquist. Collins only had 2 weeks of his available 5 weeks of vacation
remaining at the time of notice, so he agreed to utilize the two remaining weeks of
vacation prior to retirement. Like the two previous retirements, Mr. Collins also agreed
to use only 25% of his available clothing allowance as he would only be employed for 4
months of FY12. This was supposed to leave 75% available for the new hire (Exactly
what Lindquist and Craft agreed to.) This was all agreed to in his signed acceptance
letter on 9-11-12. It should also be known that because Mr. Collins did not have
adequate accumulated sick time to benefit from the available 200 days @ 30.00 per day =
$6000.00 (like Lindquist and Craft), Collins was granted the opportunity to get full pay
for 12 undocumented sick days which equated to $2013.00 (167.75 per day x 12 days) as
opposed to 19 eligible days at $30.00 per day or $570.00. Mr. Collins chose to stay home
for his last 12 days prior to retirement and got full pay for these days

Mr. Collins also spent 100% of his clothing allowance even though he agreed to the 25%
cap for FY12. This over expenditure equates to $375.00.

Regular sick time increases at rate of 8.67 hours per month to be used when an employee
is incapacitated by his own sickness or injury. Regular sick time must be depleted before
an employee can access accrued sick time benefits. Accrued sick time increases at a rate
of 2 days per year on the employee’s anniversary and is made available if an employee
has run out of his or her regular sick time while employed by the town.

All three employees had regular sick time available, so the accrued sick time was never
utilized.

Best regards,
Steve Calla
Director of Public Works