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.
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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.
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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:
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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.
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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
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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.