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
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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
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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,
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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
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