Recently the Department of Labor Relations ruled that the Tiown of Danvers had unilaterally changed vacation time and violated G.L.c. 15E, §10(a) by not first bargaining with the Danvers Police Benevolent Society.
The case, Town of Danvers and Danvers Police Benevolent Association (23 pages) (Crystal, J.) (DLR) (Case No. MUP-07-5058) (Dec. 8, 2010) read in part,
“Based on the above, I order the Town of Danvers to take the following action.
“1. Cease and desist from:
“a. Failing to bargain collectively in good faith with the Union as the exclusive representative of all persons in the bargaining unit by unilaterally implementing limitations on the use of vacation time that exceeded the restrictions set forth in the Agreement and conflicted with the practice that was in place within the Department prior to May 8, 2007.
“b. In any like or similar manner, interfering with, restraining, or coercing its employees in the exercise of their rights under the Law.
“2. Take the following affirmative action that will effectuate the purpose of the Law:
“a. Restore to bargaining unit members represented by the Union the vacation practice that was in place within the Department prior to May 8, 2007.
“b. Provide the Association with prior notice of any proposed vacation practice change affecting its bargaining unit members and, upon request, bargain in good faith to resolution or impasse before implementing any changes to the vacation practice.
“c. Make whole bargaining unit members for any economic losses they may have suffered as a result of the Town’s unlawful change to the vacation practice, plus interest on any sums owing at the rate specified in M.G.L.c. 321, s.6I compounded quarterly.
“d. Sign and post immediately in all conspicuous places where members of the Union’s bargaining unit usually congregate and where notices to these employees are usually posted, including electronically, if the Town customarily communicates to its employees via intranet or email, and maintain for a period of thirty (30) consecutive days thereafter, signed copies of the attached Notice to Employees; and,
“e. Notify the Division in writing of the steps taken to comply with this decision within ten days of receipt of the decision.”
Attorney Ronald A. Sellon