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Subjeot
From

To: Date: Friday. April 12. 2013 9:28 AM

To: NEBPA Union President Lisa Kidwell UMASS/Amherst Police Department From: Luis Antonmarchi UMASS/Amherst Police Department RE: Joint-Patrol Inverse My name is Luis Antoninarchi. I am a Patrol Officer with the UMASS/Amh Saturday, 04/06/2013. 1 worked the Joint-Patrol detail. The detail number was erst Police Department. On 13-365-DO and was scheduled for 9:00pm through 2:00am. I was inversed to work this detail. I did not volunteer to work this detail. When I arrived at the Amherst Police Department for work, as ordered, I found APD scheduled to work this detail. Furthermore, there were two Sergeants pulled that there was no one from the Joint-Patrol detail. The Sergeants were there working a detail that was funded from another detail to work also informed that APD Officers are not inversed to work the Joint-Patrol detail. by a separate grant. I was It is a voluntary detail for their Officers. They can choose nOt to work the detail. They are not ordered to work the detail. The Joint-Patrol detail is a result of APD requesting assistance from our agency . The Chiefs from both departments agree to this request. I understand and agree with UMPD assistin g any ofour neighboring Police Departments. But that agreement should not cause the UMPD Officers more hardship than that of the department that is requesting the assistance. It is not unreasonable to expect that any agreement for assistance comes with the understanding that there will be an equal committment from both departments. I respectfully request that this issue be addressed,

Respectfiully Submitted, Officer Luis Antonmarchi

http:l/us-mgs .mail.yahoo.corn/neo/launch?.rand=985a37r2a74uj

4/20/2013

Mar 22 13 O p 5 : 3 4

Ronald Scaccia

603-878-3703

2 p

NEW ENGLAND POLICE BENEVOLENT ASSOCIATION, INC.

An Affiliate ofthe International Union ofPoLice Associations, AFL-CIO CORPORATE HEADQUARTERS 7 Technology Drive, Suite 102 SII%{UCAD Building
-

Chelmsford, Massachusetts 01863 www.nepba.org

Nicholas Marshall Labor Relations Administrator University of Massachusetts at Amherst 336 Whitmnore Administrative Building Amherst, Ma. 01003 RE: Demand to Bargain

Date: March 22, 2013

Dear Mr. Marshall,

Massachusetts General Law Chapter 150E, Section 6, requires you to provide to the Union advance notice and an opportunity to bargain prior to effectuating a change in an established condition of employment that affects a mandatory subject of bargaining. The recent decisio n to enter into an agreement with the Town of Amherst Massachusetts by providing police officers to cooperate in a joint task force patrolling the Town of Amherst constitutes a change in an established condition of employment that affects a mandatory subject of bargaining.
Mass General Laws Chapter 1SOE, Section 6, provides, in part, that an employer required is to bargain with the exclusive representative (New England PBA) over.... Standards of productivity and performance, and any other terms and conditions of employment .... Thus, a state employer (University of Massachusetts at Amherst) is required to participate in decisional bargaining in regard to this issue. Therefore, since the parties have acknowledge that they are during there usual period for contract negotiations, where the parties have begun the process for successor a CBA, the University cannot insist that the Union bargain these issues apart from the negotiations for a successor contract. See Town of Brookline, 20 MLC 1570 (1994). The Union hereby demands that you defer any change and fulfill your obliga tion to bargain with the Union during contract negotiations concerning such a change. If you fail to do so you will force the Union into filling an Unfair Labor Practice (IJLP) and taking any other legal action

deemed appropriative

I look forward to working with the University on this matter.

Sincerely,

?
Ronald S. Scaccia

/)

Regional Director New England Police Benevolent Association

Office: 978-453-2500

Toll Free: 1-866-577-2251

Fax: 978-453-2555

COMMONWEALTH OF MASSACHUSETTS DO NOT WRITE IN THIS SPACE DMSION OF LABOR RELATIONS No. Case Date Filed CHARGE OF PROHiBITED PRACTLCE M.G.L. c.150E INSTRUCTIONS: Answer all applicable questions. Failing to provide information may result in the dismissal of the charge. Ffle an original and two (2) copies of this form with the Division.
Note: Pursuant to 458 CMR 15.04, the DivisIon wit not isstie 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

University of Massachusetts (Amherst) Nicholas N. Marshall (HRD) 3. Address (street and No., city/town, state, and ZIP code) 330 Whitmore Building, 181 Presidents Drive, Amherst, MA 01003-9313 6. Employee Organization (if any): 7. Representative to contact
8.

(413) 545-2736
5. Fax Number

(413) 545-0483 9. Telephone Number (617) 770-2929 10. Fax Number (617) 770-9669

New England Police Benevolent Association, Inc. Thomas E. Horgan, Esq. Address (street and No., city/town, state, and ZIP code) do Law Office Michael Hanley, 1495 Hancock St., Suite #300, Quincy, MA 02169
This charge is filed against (check one)

11.

[ZI
12.

Employer Employee Organization The above named employer or employee organization has engaged or is engaging in a prohibited practice within the meaning of Massachusetts General Law, Chapter 1 50E, Section(s) (enter all appropriate sections/subsections)

LI

MGL 150E 10(a)(1), 1O(aX5) and (6)

Failing to specify an app,ropuiate section/subsectlov may resuft in the dismissal of the charge.

13.

The University of Massachusetts Police Department (UMPD) has participated in Joint Patrol Details in the past with neighboring Police Departments. These Joint Patrol Details were formed as a result of neighboring Police Departments requesting the assistance of UMPD officers during times when an increased police presence was necessary. In the past when Joint Patrol Details were available the University would offer UMPD officers the opportunity to work them. UMPD officers were never ordered to work Joint Patrol Details by the University, it has always been voluntary. The University now presents a change in working conditions by ordering UMPD officers to work Joint Patrol Details or face disciplinary action. As recorded on the Universitys Overtime Award Sheets UMPD officers are now being ordered (inversed) to work Joint Patrol details when they do not accept the detail voluntarily. (Attached). On March 22, 2013 the NEPBA filed a demand to bargain with the University. (Attached) Since filing this demand to bargain the University has refused to bargain with the Union regarding Joint Patrol Details. On April 12, 2013 UMPD officer Luis Antonmarchi sent an e-mail to Union President Lisa Kidwell stating that he had been ordered by the University to work a Joint Patrol Detail on April 6, 2013 that he did not voluntarily agree to work. (Attached) The Union asserts that by its actions the University made a unilateral change in a term and condition in working conditions and has violated MGL c. 150E Section 10(a)(1), 10(a)(5) and (6).

Summary of basis of Charge (be specific as to names, dates, addresses, etc.) Attach addition sheets, documents andlor affidavits if necessary. Please note: failure to allege specific facts may/will result in dismissal of the charge.

By these and other acts, the party complained of has Interfered with, restrained, andlor coerced rights guaranteed by the Law. DIR FORM-005 (page 1) Revised 11107

14.

(a) Is there a collective bargaining agreement that may apply to the conduct that is alleged to have violated the Law?

Yes

/ V

No

(1,) If you checked Yes in question 14(a), please list all of the clauses alleged to apply and attach a copy of each.

(c) Is there a grievance concerning this matter pending?

15.

No Yes 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.

That the University be ordered to bargain in good faith

16.
Have you attempted to settle this case? If not, why not? Yes

No

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). The Division may refer the charge to a Div/son mediator for settlement discussions.

INFORMATION ON CHARGING PARTY

17.

Name

18. Representative to contact

20. Telephone Number

New England Police Benevolent Association, Inc. Thomas E. Horgan, Esq. 19. Address (street and No., city/town, state, and ZIP code) do Law Office Michael Hanley, 1495 Hancock St., Suite #300, Quincy, MA 02169 22. The Charging Party is an: /
individual
V

(617) 770-2929 21. Fax Number (617) 770-9669

Employer

Employee Organization

DECLARATION I 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) Signature
Title (if any)

Thomas E Borgan
Address (street and no., city/town, state, and ZIP code)

O?

Counsel
Telephone Number

do Law Office Michael Hanley, 1495 Hancock St., Suite #300, Qulncy, MA 02169
CERTIFICATE OF SERVICE

(617) 770-2929

hereby certify that I have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party. dame Address (street and no., city/town, state, and ZIP code) Telephone Number

Nicholas N. Marshall (HRD)

Aethod of Service

330 Whitmore, 181 Presidents Dr., Amherst, MA (413) 545-2736

In hand

First Class Mail

Other (spefy):

3ignature of Person making Certification

Telephone Number (617) 770-2929

7Z,.iry.
The OMsion does not discriminate on the basis of disability In access to Its services. Inquiries, complaints or requests. including requests Fer auxillary aids and Information regarding access Features shouki be directed to the ADA Coordinator (617) 626-7132. This document Is avaHable In aftemative lbrrnats.

D4.R FORMOO5 (page 2) Revised 11/07