Door is open for NEPBA to REACTIVATE representation petitions.

    NEPBA lawyers are busy today filing paperwork to reactivate the representation petitions that were placed in an inactive status while DLR considered NAGE complaints that the Trial Court failed to bargain in good faith when it withdrew the economic proposals that it had offered.

     NAGE failed to convince a Hearing Officer that regressive bargaining took place, and moved to file an appeal of her decision.  

     On Friday, June 10, 2011, the Department of Labor Relations denied the NAGE appeal, stating in pertinent part;  "based on the record and for reasons stated above, the Board agrees with the Hearing Officer's conclusion that the Employer did not violate the law, therefore, the Board affirms the Hearing Officer's decision in it's entirety, dismissing the complaint of prohibitive practice.

     This decision clears the way for NEPBA petitions to be further processed on the basis of the original date of their filing and original showing of interest.

click here to read the case                                                NEPBA to Reactivate Petitions

 As you know, on April 26^th, 2011 Hearing Officer Susan L. Atwater, Esq. issued a ruling against NAGE stating in pertinent part;

“There is no evidence that the Employer (Mulligan) withdrew the economic proposals to stymie the fact-finding process.  Because changed circumstances justified rescissions of the Employer’s economic proposals, and there is no evidence of bad faith bargaining, I find that the Employer did not violate the law”.

This is one that NAGE was sure they were going to win!  NAGE wants to appeal this ruling too.

Many people have called the New England PBA telling us that they have called their NAGE representatives and told them not to waste any more time.  Over 50% of NAGE members have indicated they want an election! 

Here is NAGE’s answer to your concerns;

“The local leaders (Executive Board) unanimously endorsed a proposal to file an appeal of the hearing officer’s decision. That filing will take place no later than Friday, May 6^th’.

Did we mention that your Executive Board members are paid by NAGE? Are they really listening to you? Call them again and ask why they are more concerned with NAGE’s best interest than yours.  Ask them where your 3%, 3%, and 3% went to?

Soon, you will hear how NAGE is going “back to the table” (nothing has prevented them from continuing to negotiate during this process), and you will be offered a multi-year contract with little or no retro for past years and promises, promises, promises for the future. 

YOU GET A LOUSY RAISE, NAGE RAISES YOUR DUES.  NAGE WINS AGAIN!

The New England PBA appreciates your patience, and can assure you that we are awaiting the opportunity to provide you with an election to determine which organization will represent YOUR interests in the future.  

The October 26th, 2010 Department of Labor Relations hearing on NAGE allegations (ULP) that the Trial Court engaged in regressive bargaining has been postponed.  The attorney for the Trial Court had a family emergency and would not be able to attend the first day of the hearings.  Although no postponement date was indicated, the date for the second day of hearings (if necessary) was November 18, 2010.

(Boston – September 15, 2010) – The Massachusetts Division of Labor Relations has notified interested parties that a pre-hearing conference has been scheduled for Tuesday, October 12, 2010 at 1pm, with the formal hearing scheduled for Tuesday October 26^th, 2010 and Thursday, November 18, 2010 if needed.  The conference and hearings will be held at the DLR offices located at 19 Staniford Street, Boston, MA. 

These hearings will give NAGE an opportunity to present their argument about the Trial Court engaging in regressive bargaining.  NAGE has blamed the Trial Court for all of their woes, including NAGE’S inability to secure a contract for the past 4 years, while completely disregarding members concerns about poor representation, sub-par legal services and a complete breakdown of communication with its members.

The New England PBA began the decertification process on behalf of more than 50% of the Trial Court membership who have lost faith in NAGE.  Many members believe that this is just another delay tactic to allow NAGE to continue to collect their dues.  One member stated, “By delaying the election process, NAGE is just causing more people to look at NEPBA”.  

The Labor Board has ordered an expedited hearing to clear the way for an election that more than 50% of the Trial Court membership has asked for. 

NAGE SPIN:
NAGE Members Win Huge Victory with Labor Board Ruling: Decertification Petitions Put on Inactive Status

NEPBA TRUTH:
On August 6, 2010 the Commonwealth Employment Relations Board (DLR) issued a ruling granting NAGE's motion to block further processing of cases.  The Board's decision was based upon the ongoing dispute between the Trial Court and NAGE based upon NAGE's allegation that the Trial Court had engaged in regressive bargaining in 2008. 

In the Board's ruling it placed the NEPBA's petition in an inactive status pending the outcome of the 2008 dispute.  The Board took such action despite NEPBA's argument that NAGE's position with the members of the bargaining unit was not undermined by the actions of the Trial Court.  

NEPBA stressed that the members of the bargaining unit deserve a free and open election! NAGE has been bargaining since 2006.  NEPBA argued that this is nothing more than another stalling tactic by NAGE similar to its futile attempt to delay the petition claiming NAGE is affiliated with the AFL-CIO which was proven to be a false statement.

 It should be obvious to all that NAGE is attempting to use any procedural maneuver to slow the process down in its efforts to deny the members their right to cast a vote to determine who they wish to represent them.  It is clear that the only reason NAGE is doing so is because they recognize that their years of being unresponsive, out of touch with the rank and file and their inability to deal effectively with the CJAM to provide its members with a safe and healthy work environment have finally caught up with them. 

If NAGE truly believes that the majority of the members continues to support them, then the easiest and quickest way to resolve this matter it to notify the Board that it wishes to go forward with an election at the earliest possible date. 

If they do not call for an immediate election, then it can be inferred that they know the members no longer support them and they must take any action possible to support the obscene salaries the leadership is taking from the members’ dues while providing nothing in return. 

 (Worcester, MA) On Wednesday, August 4, 2010, the Trial Court Relocation Committee held its first public meeting to solicit comment on the committee’s proposed recommendations for Berkshire, Franklin, Hampden, Hampshire and Worcester counties.  Testimony on the impact that these closings and relocations will have was received from sitting and retired judges, clerk magistrates, chief probation officers, lawyers, Selectmen, State Senators, State Representatives, Chiefs of Police and Congressman Jim McGovern.  Much of the testimony centered on the Massachusetts Constitution Art. #11 guaranteed “Public access to justice” mandate, and how relocating court houses would restrict access to people on the lower end of the socio-economic scale who would undoubtedly have transportation issues.  Elected officials spoke of the economic hardships that businesses located around these court houses would suffer, as well as the impact of making “long term” decisions for what may be a “temporary” problem, with hopes of the economy recovering.   Court personnel made impassioned points on how closing court houses would affect an already burdened staff that are operating with 800 fewer employees since the 2008 “absolute” hiring freeze.  Chief Probation Officer Steven P Santora, of the Westborough District Court spoke about the impact relocating his courthouse would have on his staff’s ability to supervise probation.  

NAGE did not offer oral testimony to the committee on behalf of their members.  Their silence was deafening.

NAGE SPIN:
 1.    According to NAGE: In an unprecedented move, the Labor board is prepared to ask the Trial Court to

provide “writing exemplars” from employees to compare them with signatures submitted by NEPBA.

2.     According to NAGE: NEPBA submitted to the Labor board 22 of the 43 signatures needed for the

        Suffolk Group, yet NAGE holds 32 “I support NAGE” cards from the same group.  Richie Linehan stated

        he has worked at Suffolk for 16 years and there is no way NEPBA has 22 of the 43 signatures needed.

NEPBA TRUTH:
1.    THE REAL TRUTH IS:   NAGE has asked the Labor board to examine the signatures that were submitted

        by NEPBA.  This is just another delay tactic so that NAGE can continue to collect your dues.  The Labor

        board has taken no action on NAGE’S latest challenge.  In fact, NAGE ONLY wants to find out who

        signed NEPBA “Show of Interest Cards” so they can “RAT OUT” those members to management – like

        NAGE State Director David Bernard did to so many of your members in e-mails to the Massachusetts

        Trial Court during the organizing phase.  If NAGE or Anyone asks you if you’ve signed our petition, tell

        them it’s none of their business!

2.     THE REAL TRUTH IS:  Assistant Chief Court Officer Gerry Fahey, who has worked in the Court System for

well over 16 years stated, “I’ve spoken to many of the Suffolk group, and quite frankly, Richie Linehan is just another NAGE guy, who has lost touch with the membership.  The majority of our members are looking for an opportunity to vote for the union of their choice, something that I have been unable to do for over 15 years.  Linehan will be surprised what people will do in the privacy of the voting booth.  By delaying this process, NAGE is just causing more people to look at NEPBA.   The quickest way to find out what people are thinking is to have an election”. 

Tell NAGE to stop the lies!  NEPBA will consent to an election today!

NAGE SPIN:
Why doesn’t the NEPBA website have any information about dental and optical benefits?  Do they offer them or not?
NEPBA TRUTH:
NEPBA has their own Dental and Vision plan, which like NAGE is in partnership with the Commonwealth of Mass and is contractually negotiated with the state to pay for members and their families.

The New England PBA Health and Welfare Trust is administered at our Chelmsford Headquarters by a full-time administrator and currently provides dental and vision benefits to over 1000 of our state employees/members.

Our benefits are provided through contractual agreements with MetLife for dental and EyeMed for vision.  Copies of our plans will be made available when we begin the informational phase of this process.

Unlike NAGE President Holway, our staff pays for and receives the same dental and vision plan as our members.  Tell him to stop the lies!

NEPBA will consent to an election today, without delay. 

NAGE SPIN:
What is the real reason NEPBA has only 1 woman on its 24 member Executive committee? Do they think women are not qualified to be a part of the leadership team? Or is it something else?

NEPBA TRUTH:
The New England PBA Executive Board is comprised of former NAGE/IBPO elected officials and representatives who were disillusioned with NAGE’s lack of commitment to the membership. (Sound familiar?)

Each Local president is elected by their own membership and sits on our Executive Board, just as yours will! 

The woman on our Executive Board whom NAGE is concerned about is Deb Batista, an attorney and president of her own Local (Local 96, Middleboro Superior Officer Union).  We think Deb does an excellent job of representing her membership and is very qualified to be part of the leadership team!

NEPBA will consent to an election today, without delay. 

NAGE SPIN:
 At this critical time, why did NEPBA strip members of their bargaining rights? Was NEPBA unaware that the decertification petition would strip members of their rights? Or do they just not care?

NEPBA TRUTH:
All of these years without a contract, and NAGE would like you to believe it’s our fault?

After 4 years of NAGE failing to get a contract, and NAGE’S failure to secure an offer on March 2^nd, March 16^th, April 5^th, and April 26^th, 2010, NEPBA was under intense pressure by the Trial Court membership to file the signatures and move on with the process.  The only “rights” that have been stripped in this process is your right to vote on who you want to represent you!

NEPBA will consent to an election today, without delay.