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., -1- 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. -2- 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. -3- 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 -4- 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. -5- 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. qZ@ 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 -6- 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. -7-