As Labor Counsel for the Town of Belmont, we submit the following summary of major activities during 2003:
Belmont Education Association
We successfully represented the Town and the Belmont School Committee in two related proceedings at the Massachusetts Labor Relations Commission in which the Belmont Education Association filed charges of prohibited practice pursuant to M.G.L. c. 150E against the Town and the School Committee on January 31, 2003 and September 5, 2003, alleging that the Town and the School Committee breached its duty to bargain in good faith with the Association concerning the subject of impact bargaining over a change in the Town's health insurance providers. In separate decisions dated December 10, 2003 and December 11, 2003, the Commission dismissed both charges against the Town and the School Committee, finding insufficient probable cause in both cases and that the Town had fulfilled all of its bargaining obligations.
We consulted from time to time with the Board of Selectmen, the School Committee and various department heads regarding various restructurings, grievances, personnel matters, and arbitrations.
Police Department
The Town has continued bargaining with the Superior Officers' Association and the Patrolmens' Association over the terms of their respective 2003-2004 collective bargaining agreements. The Town and the Patrolmens' Association have successfully reached a tentative agreement on mutually acceptable terms for the contract. The Town has not agreed to final terms with the Superior Officers' Association on the contract.
We represented the Town in a proceeding at the Massachusetts Labor Relations Commission in which the Patrolmen’s Association filed a charge of prohibited practice pursuant to M.G.L. c. 150E against the Town on April 18, 2003, alleging that the Town breached its duty to bargain in good faith with the Association concerning the subject of impact bargaining over a change in the Town's health insurance providers. The matter is currently pending before the Commission.
We consulted the Town with respect to requests it received for information under the Freedom of Information Act and the Massachusetts Public Records Act involving a police department personnel matter.
We consulted the Town with the respect to the removal of the position of Chief of Police as a civil service position.
We consulted with the Board of Selectmen, Melvin Kleckner and the Chief of Police regarding various grievances, arbitrations, and personnel matters.
NAGE/SEIU
We represented the Town in a proceeding at the Massachusetts Labor Relations Commission in which the Union filed a charge of prohibited practice pursuant to M.G.L. c. 150E against the Town on June 30, 2003, regarding a personnel matter. The Town and the Union resolved the dispute on mutually acceptable terms and the charge was withdrawn on December 10, 2003.
The Town continued bargaining with the Union over the terms of the 2003-2004 collective bargaining agreement until the parties reached an impasse. At that time, the Union sought the assistance of the Massachusetts Joint Labor-Management Committee to assist the parties in resolving the remaining issues. The Town and the Union have not agreed to final terms on the contract.
We consulted from time to time with the Board of Selectmen and various department heads regarding various restructurings, grievances, personnel matters, and arbitrations.
AFSCME
The Town continued bargaining with the Union over the terms of the 2003-2004 collective bargaining agreement until the parties reached an impasse. At that time, the Union sought the assistance of the Massachusetts Joint Labor-Management Committee to assist the parties in resolving the remaining issues. The Town and the Union have not agreed to final terms on the contract.
We consulted throughout the year with the Board of Selectmen and various department heads regarding general personnel matters, worker’s compensation matters and employee grievances.
Fire Department
The Town has continued bargaining with the Belmont Firefighters' Union over the terms of the 2003-2004 collective bargaining agreement. The Town and the Union have successfully agreed to mutually acceptable terms for the contract.
We represented the Town in a proceeding at the Massachusetts Labor Relations Commission in which the Belmont Firefighters' Union filed a charge of prohibited practice pursuant to M.G.L. c. 150E against the Town on January 27, 2003, alleging that the Town breached its duty to bargain in good faith with the Union concerning the subject of impact bargaining over a change in the Town's health insurance providers. The matter is currently pending before the Commission.
We consulted throughout the year with the Board of Selectmen and the Fire Chief regarding general matters and grievances.
Joint Public Safety Communications Center
We consulted throughout the year with the Board of Selectmen and the Director of the JPSC regarding general personnel matters.
Municipal Light Department
We consulted throughout the year with the Municipal Light Board and the Light Department Manager regarding general personnel matters.
Public Works Department
We consulted throughout the year with the Public Works Department Manager regarding general personnel matters and department organizational issues.
General Matters
In general, we were called upon by the Board of Selectmen, Melvin Kleckner and the various department heads to provide general advice and guidance in the labor and employment area. The exceptional effort put forth by all of those involved in the bargaining process resulted in the resolution of very complex impact bargaining issues that had the potential to create significant discord in the Town's labor relations. The Town's successful resolution of proceedings at the Labor Relations Commission involving impact bargaining over health insurance matters, the positive resolution of labor grievances, and the obtaining of mutually acceptable collective bargaining agreement terms with multiple unions all evidence the Town's continued efforts to improve communication and harmony between management and personnel. We are pleased to
report that labor relations in the Town of Belmont remain in a very healthy state.
Respectfully submitted,
Robert B. Crowe, Esq.
Michael A. Bean, Esq.
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