Show Cause Letter

Town of Winthrop · from StateReference · 2 pages · 539 KB
open the file ↗ · original at the source ↗

THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF LABOR RELATIONS

CHARLES F. HURLEY BUILDING COMMONWEALTH
19 STANIFORD STREET EMPLOYMENT
1* FLOOR, BOSTON, MA 02114 RELATIONS BOAAD
CHARLES D. BAKER PHONE: (617) 626-7132 MARJORIE F. WITTNER
GoverNoR FAX: (617) 626-7157 eet
KARYN E. POLITo efile.dIr@mass.gov KATHERINE G. LEv
BOARD MEMBER
LIEUTENANT GOVERNOR www.mass.gov/dir
PHILIP T. ROBERTS a ss Messe”
DIRECTOR
April 19, 2019

Ferruccio Romeo
— - 01906

Re: MUP-19-7261, Town of Winthrop

Dear Mr. Romeo:

On April 11, 2019, 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 van. as an individual, may not
have legal standing to file it.

You stated in your charge that the Town has refused to schedule
negotiation sessions or bargain with MassCOP, Local 21 (Union) over a
successor collective bargaining agreement. The charge further alleges that the
Town gave the Union president a Memorandum of Agreement for the bargaining
unit members to vote on that changed the unit members’ contractual benefits.
There is no allegation in the charge that the Town took adverse action against
you or any bargaining unit member in retaliation for engaging in protected,
concerted activity, nor did you allege that the Town interfered with, restrained or
coerced you in the exercise of any right to engage in protected, concerted
activity. Thus, your charge appears to only allege that the Town failed to bargain
in good faith with the Union.

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 by refusing to bargain a successor 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 because the employee is not a party
to the bargaining relationship. Quincy City Employees Union, H.L.P.E., 15 MLC

1340, 1355 (1989), affd sub. nom. Pattison v. Labor Relations Commission, 309
Mass. App. Ct. 9 (1991), further rev. den'd, 409 Mass. 1104 (1991).
Consequently, the DLR will not inv investigate you your charge if it only alleges a
violation of Section 10(a)(5), and derivatively, Section 10(a)(1) of the Law.

If you are alleging that the Town violated any other part of Section 10 of
the Law, you must file an amended charge that clarifies any other allegations that
you are making. If you are not alleging that the Town violated any other part of
Section 10 of the Law, then you must show cause, in writing, why the DLR
should not dismiss your charge with prejudice without an_ investigation.
Additionally, please note that the Union may file a charge raising the same
allegations that you have included in your charge, as it would have legal standing
to do so.

Any show cause response and/or amended charge that you may wish to
submit must be efiled to the DLR at efile DLR@mass.gov by the close of
business on April 26, 2019. If you do not efile an amended charge or a show
cause response on or before April 26, 2019, the DLR will dismiss this charge with
prejudice without an investigation.

Very truly yours,
DEPARTMENT OF LABOR RELATIONS

i. b csart
Director

CC: Howard Greenspan, Esq.
Austin Faison