As Labor Counsel for the Town of Belmont, we submit the following summary of major activities during 2004:
Belmont Education Association
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 continued bargaining with the Superior Officers' Association over the terms of the 2003-2005 collective bargaining agreement. The Town and the Superior Officers' Association successfully reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2003 and ending June 30, 2005, as evidenced in a Memorandum of Understanding, dated June 2, 2004. The resulting collective bargaining agreement was subsequently executed in October of 2004. In addition, the Town and the Superior Officers Association have also reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2005 through June 30, 2007, as evidenced in a Memorandum of Understanding, dated December 9, 2004.
The Town continued bargaining with the Patrolmens' Association over the terms of the 2003-2004 collective bargaining agreement. The Town and the Patrolmens' Association successfully reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2003 and ending June 30, 2004. The Town has not agreed to final terms with the Patrolmens' Association on the successor contract.
We represented the Town in a proceeding at the Massachusetts Labor Relations Commission in which the Patrolmens' 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 parties settled the matter by mutual agreement dated May 5, 2004 and the matter is no longer pending before the Commission.
We represented the Town with respect to a by-pass appeal filed with the Massachusetts Civil Service Commission by Gerard M. Greeley on May 21, 2004. Officer Greeley alleged that the Town made a provisional appointment, effectively by-passing him for the position of lieutenant when an active list existed. The Town filed a Motion of Summary Decision on September 23, 2004, contending that no provisional appointment was made. The Human Resources Division filed a Statement in Opposition to the Town's Motion for Summary Decision on October 13, 2004. The matter is currently pending before the Civil Service Commission.
We consulted with the Board of Selectmen, Melvin Kleckner and the Chief of Police regarding various grievances, arbitrations, and personnel matters.
SEIU
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 successfully reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2003 and ending June 30, 2004, as evidenced in a Memorandum of Understanding, dated as of December 14, 2004. The Town has not agreed to final terms with the Union on the successor 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 Relations Committee to assist the parties in resolving the remaining issues. The Town and the Union subsequently agreed to mutually acceptable terms for the contract for the period beginning July 1, 2003 and ending June 30, 2004, which was executed in 2004.
The Town also continued bargaining with the Union over the terms of the successor 2005-2007 collective bargaining agreement. The Town and the Union successfully reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2004 and ending June 30, 2007, as evidenced in a Memorandum of Understanding, dated November 29, 2004. This Memorandum of Understanding includes provisions providing for the consolidation of the Department of Public Works.
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 continued bargaining with the Belmont Firefighters Union over the terms of the 2003-2004 collective bargaining agreement. The Town and the Belmont Firefighters Union successfully reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2003 and ending June 30, 2004.
The Town also continued bargaining with the Belmont Firefighters Union over the terms of the successor 2005-2007 collective bargaining agreement. The Town and the Firefighters Union successfully reached an agreement on mutually acceptable terms for the contract for the period beginning July 1, 2004 and ending June 30, 2007. The resulting collective bargaining agreement was executed on December 28, 2004.
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 parties settled the matter by mutual agreement dated May 6, 2004 and the matter is no longer 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, specifically including the consolidation of the Highway Department, Water Department, Cemetery Laborers, Building Department, Parks and Facilities Department, Library Custodians, Town Custodians, and Drivers funded by the Town at the Council on Aging within the Department of Public Works Department.
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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