|
|
| SEARCH THIS SITE |
|
|
| AFSCME
Council 93, Local 3657, Milford Police Department Complainant v. Town of Milford Respondent |
Case
No. A-0480-11 Decision No. 2002-020 |
|
PRE-HEARING DECISION and ORDER AFSCME Council 93, Local 3657, on behalf of the certain members of the Milford Police Department, (hereinafter referred to as the "Union") filed an unfair labor practice complaint on September 28, 2001 alleging that the Town of Milford (hereinafter referred to as the "Town"), acting through its employees and agents, including Chief Fred Douglas, has undertaken a course of conduct and taken actions involving the Union's Chief Steward that violate statutory rights granted to the Union and its Steward under RSA 273-A:5 I (a), (b) and (d). It seeks relief in the form of a finding of the commission of an unfair labor practice and the issuance of a Cease and Desist Order from the PELRB. The Union also requests that the Order be publicly posted and that it be reimbursed for all costs and expenses necessary to the pursuit of this complaint. The Town of Milford filed its Answer in a timely manner on October 12, 2001. In response, the Town denies that any actions of the Town or its Police Chief violated the rights asserted by the Union. While it admits that the Police Chief questioned the motives of the Union Steward and the Steward's level of cooperation with management, it asserts that such actions do not constitute unfair labor practices. For its part, the Town seeks to have the Union Complaint dismissed. The matter was initially scheduled for a Pre-Hearing Conference on October 26, 2001 and continued until December 7, 2001 on the request of the Town that was consented to by the Union. Subsequently a joint request for a continuance of the December 7, 2001 Pre-Hearing Conference resulted in rescheduling until January 30, 2002. PARTICIPATING REPRESENTATIVES For the
Complainant:
Angela Wessels, Esquire, Associate General Counsel For the Respondent: David McGrath, Esquire ISSUES FOR DETERMINATION BY THE BOARD The parties agree that the primary issues for consideration by the PELRB are as follows: 1. Whether or not the alleged actions undertaken by the Police Chief constituted interference with the administration of the Union? 2. Whether or not the actions undertaken by the Police Chief constituted discrimination against Officer Michael Funk?
WITNESSES 1. Officer Michael Funk For the Respondent: Both parties reserve the right to amend their List of Witnesses in conformity with the schedule contained in the DECISION SECTION appearing at the conclusion of this order, or upon proper showing, later reasonable notice to the other party. It is understood that each party may rely on the representations of the other party that witnesses appearing on their respective list will be available at the hearing. EXHIBITS For the Complainant Union: 1. Letter from Town
Manager Mayhew to Officer Pepler, dated 10/13/00 For the Respondent City: 1. Letter from Officer
Frye to Union, dated 2/8/01 Both parties reserve the right to amend their List of Exhibits in conformity with the schedule contained in the DECISION SECTION appearing at the conclusion of this order or, upon proper showing, later reasonable notice to the other party. Copies of all exhibits are to be submitted to the presiding officer in accordance with Pub 203.02. It is to be understood by the parties that each party may rely on the representations of the other that the exhibits listed above will be available at hearing. LENGTH OF HEARING The time being set aside for this hearing is one day. If either party believes additional time is required, written notice of the need for additional time shall be filed with the PELRB within fourteen (14) days of the date of this Order. DECISION 1. The Town's representative shall, within seven (7) days of the date of this Order identify and provide copies of documents constituting the above referenced grievance package. 2. Each party shall share copies of all exhibits listed above with the opposing side. 3. A request by either party for any further continuance in this matter shall be strictly scrutinized by the PELRB. 4. The party representatives shall forward any amendments of their Witness and Exhibit lists detailed above to the opposing representative or counsel and to the PELRB no later than five (5) days prior to an evidentiary hearing. The party representatives shall meet, or otherwise arrange, to pre-mark any exhibits, for identification, prior to the time of hearing and have sufficient copies available for distribution at the hearing as required by Pub 203.02. 5. Any additional preliminary, procedural or dispositive motions shall be filed by the parties no later than ten (10) calendar days prior to the scheduled hearing date. 6. Unless otherwise ordered as a result of
the filing of any subsequent motion, an evidentiary hearing
between the parties is scheduled to be conducted at the Office
of the Public Employee Labor Relations Board on Tuesday, March
26, 2002 beginning at 9:30 A.M. /s/ Donald E. Mitchell |
 |
 | |||||
|
|
|
|