STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 96-06 Issued: May 13, 1996 _______________________________ ) TEAMSTERS UNION LOCAL 340, ) ) Complainant, ) ) v. ) CONSENT ORDER ) WASHINGTON COUNTY SHERIFF'S ) DEPARTMENT, ) ) Respondent. ) _______________________________) On November 1, 1995, Teamsters Union Local 340 (Teamsters) filed a prohibited practice complaint with the Maine Labor Relations Board (Board) against the Washington County Sheriff's Department (Sheriff's Department). The complaint alleges that Part-Time Corrections Officer Ronald Cameron was dismissed for having claimed rights accruing to unit and union members under the parties' collective bargaining agreement; including the right to have union dues automatically deducted, to have pay and benefits calculated in accordance with the collective bargaining agreement and to file grievances. The Teamsters allege that these actions on the part of the Sheriff's Department interfered with, restrained or coerced employees in the exercise of guaranteed rights, in violation of the Municipal Employees Labor Relations Law (MPELRL), 26 M.R.S.A. 964(1)(A) (1988) ; and discouraged membership in the Teamsters by discrimination with regard to hire, tenure of employment or terms or conditions of employment, in violation of 26 M.R.S.A. 964(1)(B) (1988). The Sheriff's Department denies that it violated the MPELRL beause, as a part-time corrections officer, Cameron was not covered under the recognition clause of the collective bargaining agreement; and because Cameron was terminated for falsifying his employment application and for dishonesty during the Department's -1- ______________________________________________________________________________ investigation of the falsification. Prior to the start of the hearing on April 30, 1996, the parties participated in settlement discussion facilitated by Board Counsel, M. Wayne Jacobs. The parties reached settlement as a result of this discussion and agreed to the issuance of a Board Consent Order incorporating the terms of their agreement. Jacobs read Rule 4.09(C) of the Rules and Procedures of the Board to Cameron, and ascertained that Cameron understood his rights to refrain from joining in the settlement agreement and to proceed individually. The parties' representatives and Cameron all separately reviewed the terms of the agreement. Cameron chose to join in the settlement and along with the parties signed a written agreement containing the terms of the settlement. The terms of the parties' agreement are verbatim as follows: SETTLEMENT AGREEMENT The Teamsters, the Washington County Sheriff's Department and Ronald Cameron agree as follows: The basis for this Settlement is the parties, mutual desire to avoid the adversarial process, the risk and expense of litigation, to enhance and further their working relationship, and to fully and finally settle their differences in regard to these charges. The parties agree to the issuance of a consent order by the Maine Labor Relations Board granting withdrawal of the complaint with prejudice in Board Case No. 96-06, based upon the parties' agreement set forth verbatim as follows: 1. Ronald Cameron (Cameron) will be employed as a Correctional Officer (CO) by Washington County Sheriff's Department (County) for as many hours as are worked on average, over the course of a quarter (3 months), by the top four most- used regularly scheduled part-time Washington County Sheriff's Department's CO's (who have not limited the number of hours which they are available to work), up to a maximum of 32 hours per week. 2. It is the policy of Sheriff John Crowley and the Washington County Sheriff's Department to terminate anyone who falsifies documents, makes false official statements, or who otherwise violates the policies on dishonesty or falsification contained in the Washington County Sheriff's Department's Personnel Manual. 3. Mr. Cameron agrees and understands that, in consideration of the terms and conditions in this Settlement Agreement, he waives, releases and settles all claims of any nature whatsoever, including but not limited to claims of -2- ______________________________________________________________________________ discrimination, wage payments, breach of contract, tort, or any and all other claims, arising from or related to the facts giving rise to the charges in MLRB Case No. 96-06 and any and all other claims arising from or related to his employment or termination of employment by Washington County Sheriff's Department up to and through the date of execution of this Agreement, that he has, claims to have, or believes he has, whether known or unknown, against the Washington County Sheriff's Department, Washington County, or any employee, officer, agent or official of the Washington County Sheriff's Department or Washington County, in either their official or individual capacity. 4. Mr. Cameron and Teamsters Union Local 340 agree to withdraw the charges in MLRB Case No. 96-06 and agree not to re- file these charges. 5. Mr. Cameron must produce a medical certificate saying he can perform the duties of his CO position, including driving, prior to May 6, 1996, the date upon which he will begin work pursuant to this agreement. 6. Mr. Cameron will submit to Sheriff John Crowley a written statement, acceptable to Sheriff Crowley, concerning his representations regarding past employment on employment applications he has submitted. 7. Mr. Cameron agrees and acknowledges that any future conduct that is determined to be dishonesty or falsification of records or deliberate misrepresentation will be grounds for his immediate termination. Read, understood, agreed to and signed at Augusta, Maine, this 30th day of April, 1996, by: /s/____________________________________ Ronald Cameron /s/____________________________________ Carl A. Guignard, Business Agent for Teamsters Union Local 340 /s/____________________________________ Linda D. McGill, Attorney for Washington County Sheriff's Department Pursuant to the provisions of 26 M.R.S.A. 968(5)(B) (1988) and Board Rule 4.09, the Maine Labor Relations Board adopts the terms of the parties' Settlement Agreement as its order in this case and issues this Consent Order. Except to the extent to which the Board retains jurisdiction to assure the parties' compliance with the terms of their settlement agreement, -3- ______________________________________________________________________________ we hereby grant the requested withdrawal and DISMISS the complaint. See 26 M.R.S.A. 968(5)(D) (1988). Issued at Augusta, Maine, this 13th day of May, 1996. MAINE LABOR RELATIONS BOARD /s/____________________________________ Peter T. Dawson Chair /s/____________________________________ Gwendolyn Gatcomb Employee Representative /s/____________________________________ Karl Dornish, Jr. Alternate Employer Vpresentative -4- ______________________________________________________________________________