STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 83-22
Issued: June 30, 1983
____________________________________
)
COUNCIL 74, AMERICAN FEDERATION OF )
STATE, COUNTY, AND MUNICIPAL )
EMPLOYEES/AFL/CIO, )
)
and )
)
GLENN ROSS )
)
and )
)
THE BARGAINING UNIT OF THE COUNTY ) DECISION AND ORDER
SHERIFF'S DEPARTMENT EMPLOYEES )
FOR PENOBSCOT COUNTY )
)
v. )
)
TIMOTHY RICHARDSON, SHERIFF OF )
PENOBSCOT COUNTY )
)
and )
PENOBSCOT COUNTY COMMISSIONERS )
____________________________________)
This is a prohibited practices case, filed pursuant to Title 26 M.R.S.A.
Section 968(5)(B) on March 25, 1983, by Council 74, American Federation of
State, County, and Municipal Employees (AFL-CIO), ("Union"), Glenn Ross, and
the Bargaining Unit of the County Sheriff's Department Employees for Penobscot
County. The Union filed an amended complaint, in this case, on April 8, 1983.
Both the complaint and the amended complaint have been duly answered by
counsel for Timothy Richardson, Sheriff of Penobscot County and the Penobscot
County Commissioners.
A pre-hearing conference on the case was held on April 22, 1983,
Alternate Chairman Donald W. Webber presiding. On April 27, 1983, Alternate
Chairman Webber issued a Pre-Hearing Conference Memorandum and Order, the
contents of which are incorporated herein by reference.
A hearing on the case was held on June 30, 1983, Alternate Chairman
Donald W. Webber presiding, with Employer Representative Don R. Ziegenbein and
Employee Representative Harold S. Noddin. The Union was represented by
Stephen P. Sunenblick, Esq.,
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the Penobscot County Commissioners were represented by Gary F. Thorne, Esq.,
and the Sheriff of Penobscot County was represented by Phillip D. Buckley, Esq.
JURISDICTION
Council 74 of the American Federation of State, County, and Municipal
Employees (AFL-CIO, is the bargaining agent, within the definition of 26
M.R.S.A. Section 962(2), for the Bargaining Unit of the County Sheriff's
Department Employees for Penobscot County. Glenn Ross is a member of the said
bargaining unit. Timothy Richardson, the Sheriff of Penobscot County, and the
Penobscot County Commissioners are public employers, within the meaning of 26
M.R.S.A. Section 962(7), for the employees included in the aforementioned
bargaining unit. The jurisdiction of the Maine Labor Relations Board
("Board") to hear this case and render a decision and order lies in 26 M.R.S.A.
Section 968(5).
FINDINGS OF FACT
At the hearing in this case, counsel for the three parties entered into a
stipulation of facts, incorporating therein the facts relevant to this matter.
The Board hereby adopts said Stipulation of Facts as its Findings of Fact and,
therefore, reproduces the text thereof below.
COME NOW the undersigned parties to this matter, by and
through their counsel, and stipulate to the following facts based
on the Amended Prohibited Practice complaint dated April 6, 1983,
as filed by the Complainant.
The numbered paragraphs below relate to the paragraphs as
numbered in the Amended Prohibited Practice Complaint.
1. - 7. The parties stipulate as fact the allegations in
paragraphs 1 through 7.
8. The parties stipulate that Sheriff Richardson and/or his
agents did engage in a series of actions against Sergeant Glenn Ross
beginning on or about November 19, 1982, in retaliation for his
Union activities.
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9. and 10. The parties stipulate as fact the allegations
in paragraphs 9 and 10.
11. On January 7, 1983, Sheriff Timothy Richardson did call
a mandatory meeting of the patrol deputies, approximately seven
members of the bargaining unit, to discuss the schedule that was
being negotiated at the bargaining table. He did so outside the
negotiating process which was at that time being conducted at the
bargaining table.
12. The parties stipulate as fact the allegations set forth
in paragraph 12.
13. - 16. The parties stipulate as fact the allegations set
forth in paragraphs 13 through 16.
17. The parties stipulate as fact the allegations in
paragraph 17, except that the only previous adverse disciplinary
action against Glenn Ross was the letter of reprimand in his first
year of employment.
18. The parties stipulate as fact the allegations in
paragraph 18.
19. The parties stipulate as fact the allegations in
paragraph 19, except that there are others qualified to use the
fingerprinting equipment within the Penobscot County Sheriff's
Department.
20. - 25. The parties stipulate as fact the allegations in
paragraphs 20 through 25.
26. On January 18, 1983, Glenn Ross was notified by Sheriff
Richardson that it might become necessary to cancel his enrollment
in a fingerprint school, attendance to which had previously been
approved by the Sheriff the year before. The school was located
in Ottawa, Canada, and was run by the Royal Canadian Mounted
Police. The reason for the cancellation of enrollment was that
Sergeant Ross was not qualified by the standards of the school.
27. On February 4, 1983, the Sheriff cancelled Sergeant
Glenn Ross' attendance at the fingerprint school, but did not
explain the reason therefor.
28. - 32. The parties stipulate as fact the allegations
in paragraphs 28 through 32.
33. On March 14, 1983, Sheriff Richardson called a "voluntary
meeting" to change the standard work week patrol schedule. Those
patrol deputies on duty at the time were ordered to attend the
meeting as part of their duties. Those not on duty at that time
were told they could report if they wished, but it would be
voluntary. Sergeant Ross did not attend the meeting, but was
ordered to the meeting by the Sheriff who wanted Deputy Ross there
in his position as Union President.
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34 - 37. The parties stipulate as fact the allegations in
paragraphs 34 through 37.
38. On January 12, 1983, Sheriff Richardson, while inter-
viewing a prospective new employee made the remark, "Are you going
to work for me or are your going to work for the Union?" The
prospective employee, prior to any hiring, attempted to ascertain
facts about the Union contract. On February 1, 1983, he was called
to the Sheriff's office and again asked the above question. He was
also informed that he would be on a six-month probation, that he
could be dismissed at any time, and that he could have his probation
extended if the Sheriff felt it should be. The employee was never
hired by the Penobscot County Sheriff's Department and in fact
the prospective employee declined the employment opportunity.
39. On March 17, 1983, there was a Union meeting conducted
at the County Courthouse to discuss ongoing events as regarded the
Sheriff and the Union. A county employee, Joan Ross, no relation
to Glenn Ross, attended the meeting. She was a probationary
employee at the time. The next day, she was called to the Sheriff's
office and was informed by Sheriff Richardson that she exhibited
attitude problems. She was implicitly told to stay away from the
ongoing disputes between the Sheriff and the Union since she was
only a probationary employee. The incident did result in Joan Ross
being visibly upset to the point of crying during the meeting which
lasted for approximately forty-five minutes to an hour.
40. No findings of fact are made as to the allegations in
paragraph 40 since the matter has not been pursued by any of the
parties to this case as to the introduction of evidentary material.
41. The parties stipulate as fact the allegations in
paragraph 41.
This stipulation of facts is entered into by the parties
for the purpose of resolving the pending Amended Prohibited
Practice Complaint pursuant to the separately signed agreement for
a consent decree.
DATED: June 30, 1983 /s/______________________________
Stephen P. Sunenblick, Esq. of:
SUNENBLICK, FONTAINE & REBEN
Attorneys for Complainants
P.O. Box 402
Portland, Maine 04112
/s/______________________________
Phillip D. Buckley, Esq. of:
RUDMAN & WINCHELL
Attorneys for Respondent Timothy
Richardson, Sheriff of Penobscot
County
P.O. Box 1401
Bangor, Maine 04401
/s/______________________________
Gary F. Thorne, Esq. of:
MITCHELL & STEARNS
Attorneys for Respondent Penobscot
County Commissioners
P.0. Box 552
Old Town, Maine 04468-0552
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DECISION
Having reviewed the Stipulation of Facts of the parties and finding that
some of the facts stated therein constitute violations of the Municipal Public
Employees Labor Relations Act, 26 M.R.S.A. Section 961, et seq., the Board
will proceed to order a remedy to correct said violations.
ORDER
At the hearing on this case, counsel for the three parties have entered
into a Stipulation to A Consent Order. Said Stipulation is as follows:
The parties to this Amended Prohibited Practice complaint
hereby agree that the Maine Labor Relations Board should enter
a decision and order in this case as follows:
1. That the facts be found as set forth in the stipulation
of Facts as submitted by the parties.
2. That the Maine Labor Relations Board find that there
has been a violation of 26 M.R.S.A. 964(1)(A)(B)(C) and (E) by
the Respondent, Timothy Richardson, Sheriff of Penobscot County.
3. That the Maine Labor Relations Board order the Sheriff
Timothy Richardson and/or his agents to cease and desist from
retaliating against Deputy Sheriff Sergeant Ross or other members
of the bargaining unit as to their exercise of rights guaranteed
in 26 M.R.S.A. 963.
4. That the Maine Labor Relations Board order that Sheriff
Timothy Richardson restore benefits unilaterally abolished until
such time as negotiations should lead to any such changes, namely,
that departmental telephones may be used for personal calls as
necessary, consistent with past practice; that departmental
telephones may be used for Union business only where essential
and so as to not interfere with the operation of the Penobscot
County Sheriff's Department; that the furnishing of employee
meals be reverted to the past practice; that Sergeant Glen Ross
be assigned the patrol vehicle he had as of November 1, 1982.
5. That the Maine Labor Relations Board order that Sheriff
Timothy Richardson and/or his agents cease and desist from inter-
fering in the administration of the bargaining unit work and from
discouraging membership in said unit.
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6. That the Maine Labor Relations Board order Sheriff
Richardson and/or his agents to refrain from threatening employees
regarding the issuance of press releases related to collective
bargaining and Union activity.
7. That the Maine Labor Relations Board order the reinstate-
ment of Deputy Sheriff Sergeant Ross to his previous position as
Sergeant, with all lost benefits and emoluments of his employment
including back pay plus interest and the assignment of the patrol
area and vehicle he had as of November 1, 1982.
8. The Board will retain jurisdiction over this case for a
period of sixty (60) days to monitor compliance.
9. The Penobscot County Commissioners agreed to do any act
which is necessary to facilitate or effectuate the terms of this
Consent Order.
10. That forthwith the Sheriff will take the necessary action
to enroll Glenn Ross in the fingerprinting school in Ottawa, Canada,
in which he was previously enrolled or an equivalent school, such as
the FBI school.
The parties agree that this stipulation to a consent order is
appropriate in that the stipulation of facts evidence the violations
of 26 M.R.S.A. 964 as set forth above and that the consent to
orders from the Board are consistent with said violations.
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DATED: June 30, 1983 /s/______________________________
Stephen P. Sunenblick, Esq., of:
SUNENBLICK, FONTAINE & REBEN
Attorney for Complainants
P.O. Box 402
Portland, Maine 04112
/s/______________________________
Phillip D. Buckley, Esq., of:
RUDMAN & WINCHELL
Attorney for Respondent Timothy
Richardson, Sheriff of Penobscot
County
P.O. Box 1401
Bangor, Maine 04401
/s/______________________________
Gary F. Thorne, Esq., of:
MITCHELL & STEARNS
Attorney for Respondent Penobscot
County Commissioners
P.0. Box 552
Old Town, Maine 04468-0552
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By affixing our signatures hereto, the undersigned members of the Maine
Labor Relations Board, acting in our capacity as such Board, hereby adopt said
Stipulation to A Consent Order as our Order in this case, pursuant to the
powers granted to the Maine Labor Relations Board by the provisions of 26
M.R.S.A. Section 968(5).
Dated at Augusta, Maine, this 30th day of June, 1983.
MAINE LABOR RELATIONS BOARD
/s/_______________________________________
Donald W. Webber, Alternate Chairman
/s/_______________________________________
Don R. Ziegenbein, Employer Representative
/s/_______________________________________
Harold S. Noddin, Employee Representative
The parties are advised of their right pursuant to 26 M.R.S.A. Section
968(5) to seek a review by the Superior Court of this decision by filing a
complaint in accordance with Rule 80B of the Rules of Civil Procedure within
15 days after receipt of this decision.
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