Case Filed

Town of Winthrop · from StateReference · 11 pages · 3.3 MB
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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
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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. c,150E, §§13 and 14.

1. Employer 2. Representative to contact 4, Telephone Number
Town of Winthrop Town Manager James Mckenna _ | 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
Winthrop Police M.C.O.P. Local 421 AFL-CIO | Ferruccio Romeo, President PY

8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number
HE S2ugus, MA 01906 781-213-9192

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)

10a(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.)

On or around September 11, 2014, the Town of Winthrop, through Stacy DiChiara via email, informed the
Local President to remove a response to a Grievance drafted by Chief Terence M. Delehanty that had been
posted on the Union Bulletin Board as part of its representational responsibilities. On or around September
12, 2014, the Local President informed the Town that the Union's policy is to post Union documentation as it
relates to Grievances once the Union signs off on a Grievance and advised her that it would not remove any
documentation. On or around November 18, 2014, the Union President received a letter from Officer Judy
Racow to Town Manager James McKenna requesting reconsideration of his Step 2 denial of her Grievance
dated August 15, 2014. On or around November 19, 2014 the Local President posted the letter as part of his
representational responsibilities as well as per her request. On or around November 20, 2014 Chief Terence
M. Delehanty notified the Local President via email alleging violations of the Collective Bargaining Agreement
and opined that a letter drafted by Officer Judy Racow to Town Manager James McKenna requesting
reconsideration of his denial of her Grievance as well as the Chief's original response both be removed from
the Union Board. On or around November 22, 2014, the Local President informed Chief Terence M.
Delehanty via email that the Union was not in violation of the Collective Bargaining Agreement and merely
performing its representational responsibilities and protected activity under G.L. c.150E as it had reviewed
the letter and signed off on it and posted it as it was directly related to the original Grievance. On or around
November 24, 2014 the Town and the Union held a contract Mediation for a successor Collective Bargaining
Agreement after several unsuccessful bargaining sessions. On or around December 1, 2014, the Local
President was placed on Administrative Leave with Pay pending an internal investigation because he accepted
a Detail and attended Contract Mediation which is protected activity under G.L. c.150E. On or around
December 11, 2014, the Town notified the Local President through counsel that a disciplinary hearing was
scheduled for December 18, 2014 that would result in discipline up to and including dismissal for just cause

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By these and other acts, ‘the party complained of has interfered with, restrained, and/or copiéed rights giisranteed by the Laws

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14. (a) Is there a collective bargaining agreement that may apply to the conduct that is Vv] Cl
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, II, II, VI, VIL, XXXV, XXXIX
(c) Is there a grievance conceming this matter pending?
C] Yes [v] 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 cease and desist interfering and or coercing with protected activity. Further remedial requests will |

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

The Town of Winthrop refuses to acknowledge any wrongdoing and based upon its motive and intent

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
Winthrop Police Union M.C.O.P. Local 421 AFL-| Ferruccio Romeo, President FY
19. Address (street and No., city/town, state, and ZIP code) 21. Fax Number
HR Saugus, MA 01906 781-213-9192

22. The Charging Party is an: Cl
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 knowledge and belief.

Name (print) SO es ; Title (if any)
Ferruccio Romeo <A ZA President
Address (street and no., city/town, state, and ZIP code) Telephone Number

ME S2uzus, MA 01906 a

CERTIFICATE OF SERVICE

I 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
James Mckenna One Metcalf Square 617-846-1077
Method of Service

C] In hand First Class Mail OJ Other (specify):

ea on See, Y y Telephone Number
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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

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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,
I.B.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 Il
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

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25 Sergeants

but excluding:

1. 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 III
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

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 VII
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 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 Vill
GRIEVANCE PROCEDURE

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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.

Section 2: 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,

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(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 fourteen (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 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 shall 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 XXXVII
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.

CG. 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 there 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.

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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.
IATION

OWN MANAGER, ag ICE ASSOC

<Z Lfeschit)
D fies
bDdee eg why —_—

APPROVED AS TO FORM tj
TOWN COUNSEL

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