STATE OF MAINE MAINE LABOR RELATIONS BOARD Case Nos. 95-10, -12 & 13 ______________________________ ) TEAMSTERS UNION LOCAL 340, ) ) Complainant, ) ) v. ) ) CITY OF BIDDEFORD, ) ) Respondent. ) ______________________________) ) TEAMSTERS UNION LOCAL 340, ) ) Complainant, ) ) v. ) CONSENT DECREE ) BIDDEFORD POLICE COMMISSION, ) ) Respondent. ) ______________________________) ) CITY OF BIDDEFORD, ) ) Complainant, ) ) v. ) ) TEAMSTERS UNION LOCAL 340, ) ) Respondent. ) ______________________________) Teamsters Union Local 340 has filed a prohibited practice complaint with the Maine Labor Relations Board against the City of Biddeford in 95-10 and a prohibited practice complaint against the City of Biddeford's Police Commission in 95-12. The City of Biddeford has filed a prohibited practice complaint against Teamsters Union Local 340 in 95-13. All complaints arise from pending contractual negotiations between Teamsters Union Local 340 which represents the City of Biddeford's police officers and the City. -1- The parties have now, by consent to this Order, agreed to the issuance of the following Order which will resolve all claims in the aforementioned pending labor complaints: 1. The City of Biddeford, Biddeford City Council, Mayor, and Board of Police are all public employers within the meaning of 26 M.R.S.A. 962(7). 2. Pursuant to this Consent Decree, the Mayor and the City Council is the ratifying body for any collective bargaining agreement for police department employees. 3. The Biddeford Police Commission is responsible for the care and management of the police department, making policy decisions and budgetary recommendations on an annual basis to the full City Council. 4. The Mayor, City Council and Board of Police have designated Michael C. Wing as their negotiating agent with Teamsters Union Local 340. The Board of Police may make recommendations regarding articles which do not involve appropriations; and, for the purposes of this pending contract, they have notified Teamsters Union Local 340 that they have no desire to place any articles on the table. 5. The parties agree that all communications and negotiations will be between their designated representatives. With respect to Teamsters Union Local 340, the City acknowledges that Carl Guignard is the bargaining agent on behalf of the Union and the City will not contact any of the Union members directly nor any other individuals other than bargaining agent Carl Guignard or his authorized representative. The Union will negotiate in good faith with the agent designated by the Mayor, City Council and Board of Police. -2- 6. The parties agree that any written request to bargain by the Union shall be delivered to Michael C. Wing at the Maine Municipal Association, 37 Community Drive, Augusta, ME 04330. Any written request to bargain by the Board of Police, City Council or the Mayor shall be delivered to Carl Guignard or his designated replacement at Teamsters Union Local 340, P.O. Box 2290, South Portland, ME 04116-2290. Prior to future negotiations, the Mayor, City Council and Board of Police will notify Teamsters Union Local 340 of the identity of their representatives for purposes of collective bargaining. 7. Representatives of the Employer and the Union shall execute and the Employer shall post and keep posted at work locations where notices to employees in these units are customarily posted at least 10 days: -3- NOTICE TO EMPLOYEES The City of Biddeford recognizes Teamsters Union Local 340 as the sole and exclusive bargaining agent for the employees in the Detectives, Juvenile Officers, and D.A.R.E. Officers; Patrol; Captains; Dispatchers and Secretary-Matron; and Sergeants and Corporals bargaining units and agrees that it will negotiate exclusively with said bargaining agent for the wages, hours and other terms and conditions of employment for said police department employees. Dated: _______________ __________________________ Bruce Benway, City Manager Teamsters Union Local 340 will negotiate exclusively with the agent designated by the Mayor, City Council and Board of Police over the wages, hours and other terms and conditions of employment for the employees in the Detectives, Juvenile Officers, and D.A.R.E. Officers; Patrol; Captains; Dispatcher and Secretary- Matron; and Sergeants and Corporals bargaining units. Dated: _______________ __________________________ Carl Guignard Business Agent Teamsters Union Local 340 Pursuant to the provisions of 26 M.R.S.A. 968(5) and Board Rule 4.09, the Maine Labor Relations Board accepts the above Consent Order executed by the parties in resolution of all pending claims in Case Nos. 95-10, -12 and -13, and, by agreement of the parties, orders the following affirmative actions which are necessary to effectuate the policies of the Municipal Public Employees Labor Relations Law, 26 M.R.S.A., ch. 9-A: 1. Within 7 days of the issuance of this order, the designated representative of Teamsters Union Local 340 shall sign, date and forward a copy of the enclosed "Notice to Employees" to Harry B. Center, Esq., City Solicitor for the City of Biddeford. -4- 2. Upon receipt of the "Notice to Employees" executed by the designated representative of Teamsters Union Local 340, City Solicitor Center shall forthwith ensure that said Notice is signed and dated by the designated representative of the City of Biddeford and that said Notice is posted at all locations where notices to employees in the Detectives, Juvenile Officers, and D.A.R.E. Officers; Patrol; Captains; Dispatcher and Secretary- Matron; and Sergeants and Corporals bargaining units at the Biddeford Police Department are usually posted. The Notice shall remain posted for a period of 10 days. 3. The City of Biddeford shall notify the executive director, in writing, within 25 calendar days of the issuance of this Consent Decree, of the steps that have been taken to comply with this order. Issused at Augusta, Maine, this 5th day of April, 1995. MAINE LABOR RELATIONS BOARD /s/___________________________ Pamela D. Chute Alternate Chair /s/___________________________ Gwendolyn Gatcomb Alternate Employee Representative /s/___________________________ Eben B. Marsh Alternate Employer Representative -5- NOTICE TO EMPLOYEES ___________________________________________________________________________ POSTED PURSUANT TO AN ORDER OF THE MAINE LABOR RELATIONS BOARD The City of Biddeford recognizes Teamsters Union Local 340 as the sole and exclusive bargaining agent for the employees in the Detectives, Juvenile Officers, and D.A.R.E. Officers; Patrol; Captains; Dispatchers and Secretary-Matron; and Sergeants and Corporals bargaining units and agrees that it will negotiate exclusively with said bargaining agent for the wages, hours and other terms and conditions of employment for said police department employees. Dated: _______________ __________________________ Bruce Benway, City Manager Teamsters Union Local 340 will negotiate exclusively with the agent designated by the Mayor, City Council and Board of Police over the wages, hours and other terms and conditions of employment for the employees in the Detectives, Juvenile Officers, and D.A.R.E. Officers; Patrol; Captains; Dispatcher and Secretary-Matron; and Sergeants and Corporals bargaining units. Dated: _______________ __________________________ Carl Guignard Business Agent Teamsters Union Local 340 This notice must remain posted for at least 10 consecutive days from the date of posting. Any questions concerning this notice or compliance with its provisions may be directed to: MAINE LABOR RELATIONS BOARD STATE HOUSE STATION 90 AUGUSTA, MAINE 04333 (207) 287-2015 ___________________________________________________________________________ THIS IS AN OFFICIAL GOVERNMENT NOTICE AND MUST NOT BE DEFACED.