1 STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS IN THE MATTER OF CITY OF STAMFORD -AND- DECISION NO. 5169 STAMFORD CITY SUPERVISORS MARCH 3, 2021 LOCAL 2657 OF COUNCIL 4, AFSCME, AFL-CIO Case No. MPP-33,731 A P P E A R A N C E S: Attorney Gabriel J. Jiran for the City Attorney Lorin Dafoe for the Union DECISION AND DISMISSAL OF COMPLAINT On July 5, 2019, Local 2657 of Council 4, AFSCME, AFL-CIO (the Union) filed a complaint with the Connecticut State Board of Labor Relations (the Labor Board), alleging that the City of Stamford (the City) violated the Municipal Employee Relations Act (MERA or the Act) by subcontracting the duties of the school facilities manager to newly hired non-union employees. After the requisite preliminary steps had been taken, the matter came before the Labor Board for a hearing on July 27, 2020. All parties appeared, were represented by counsel, and allowed to present evidence, examine and cross-examine witnesses, and make argument. Both parties filed post-hearing briefs on October 21, 2020. Based on the entire record before us, we make the following findings of fact and conclusions of law and we dismiss the complaint. FINDINGS OF FACT 1. The City is a municipal employer within the meaning of the Act. 2. At all times relevant hereto, the Union has been an employee organization within the meaning of the Act and the bargaining representative for a unit of certain City supervisory employees assigned to City and Stamford Board of Education (the School Board) facilities, including the position of school facilities manager (School Facilities Manager). (Ex. 8).
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STATE OF CONNECTICUT LABOR DEPARTMENT
CONNECTICUT STATE BOARD OF LABOR RELATIONS
IN THE MATTER OF
CITY OF STAMFORD
-AND- DECISION NO. 5169
STAMFORD CITY SUPERVISORS MARCH 3, 2021
LOCAL 2657 OF COUNCIL 4,
AFSCME, AFL-CIO
Case No. MPP-33,731
A P P E A R A N C E S:
Attorney Gabriel J. Jiran
for the City
Attorney Lorin Dafoe
for the Union
DECISION AND DISMISSAL OF COMPLAINT
On July 5, 2019, Local 2657 of Council 4, AFSCME, AFL-CIO (the Union) filed a
complaint with the Connecticut State Board of Labor Relations (the Labor Board), alleging that
the City of Stamford (the City) violated the Municipal Employee Relations Act (MERA or the
Act) by subcontracting the duties of the school facilities manager to newly hired non-union
employees.
After the requisite preliminary steps had been taken, the matter came before the Labor
Board for a hearing on July 27, 2020. All parties appeared, were represented by counsel, and
allowed to present evidence, examine and cross-examine witnesses, and make argument. Both
parties filed post-hearing briefs on October 21, 2020. Based on the entire record before us, we
make the following findings of fact and conclusions of law and we dismiss the complaint.
FINDINGS OF FACT
1. The City is a municipal employer within the meaning of the Act.
2. At all times relevant hereto, the Union has been an employee organization within the
meaning of the Act and the bargaining representative for a unit of certain City supervisory
employees assigned to City and Stamford Board of Education (the School Board) facilities,
including the position of school facilities manager (School Facilities Manager). (Ex. 8).
2
3. At all times relevant hereto, the City and the Union1 were parties to a collective
bargaining agreement, effective July 1, 2014 through June 30, 2018, which stated, in relevant
part:
ARTICLE XVI
MANAGEMENT RIGHTS
SECTION 16.0
a. All statutory and inherent managerial rights, prerogatives, and functions
are retained and vested exclusively in the City, including … the rights …
to … contract for services with other units of government and/or private
contractors for the provision of services to or by the City…
(Ex. 8).
4. At all relevant times prior to 2000, the City employed a Union bargaining unit member as
the school facilities manager (School Facilities Manager) to manage school custodians, trades
people, and outside contractors working in 21 School Board facilities.
5. The job description for the School Facilities Manager stated, in relevant part:
GENERAL SUMMARY OF DUTIES
Under the general direction of the Director of Operations or designee, is
responsible for planning, organizing, coordinating, supervising and evaluating the
operational and maintenance programs for all school system buildings, facilities
and sites, monitors work done by private contractors, plans, coordinates and
supervises [School Board] Capital Projects; does related work as required.
EXAMPLES OF WORK (Illustrative only)
Supervises, controls and evaluates custodial and maintenance personnel assigned
[to the School Board].
Responsible for cleanliness, safety, security and maintenance of all facilities as
well as the proper heating and ventilation of all buildings.
Recommends, plans, schedules and supervises improvements, alterations and
repairs to existing facilities.
Prepares plans, specifications and cost estimates for projected work.
1 The Union is referred to in the contract as “Stamford Municipal Supervisory Employees Union”. (Ex. 8).
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Plans, prepares and supervises preventive maintenance and energy management
programs.
Makes judgments concerning the need to employ private contractors.
Issues recommendations concerning the granting of contracts, monitors and
inspects contractors work, and improves claims for payment for completed work.
Prepares, conducts and supervises training programs for all operations and
maintenance staff and periodically inspects work performed to evaluate quality
and quantity of service rendered.
Formulates and implements departmental operating policies and procedures.
Performs technical liaison work with architects and engineers in planning
additions and alterations to buildings and site improvement and development
projects.
Recommends, plans and supervises Capital Projects.
Maintains records to support departmental activities and prepares periodic
projections in statistical reports on regular operations and special projects
undertaken.
…
6. From approximately 2000 to June 2019, and without objection from the Union, the City
subcontracted the duties of the School Facilities Manager to private contractors in accordance
with Article 16 of the collective bargaining agreement.2
7. The Stamford Board of Education (the School Board) is a municipal employer within the
meaning of the Act. The School Board does not have a collective bargaining relationship with
the Union.
8. In 2019, Tamu Lucero was appointed superintendent of schools. Shortly thereafter and
due to dissatisfaction with the conditions in some school buildings, the School Board decided to
take direct control over the management of its facilities.
9. On or about May 30, 2019, the School Board posted the following vacancy (Ex. 3),
stating in relevant part:
Openings as of 6/4/2019
2 The City subcontracted the work to a private contractor, AFB, for approximately 15 years and thereafter to another
private contractor, ABM.
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Facilities Manager
…
GENERAL STATEMENT:
The Facilities Manager is responsible for managing site-specific operations and
reports directly to the Stamford Asset Management Group (SAMG).[3]
KEY FUNCTIONS
Ensure that scope of work as defined by SAMG is followed in accordance
with daily, weekly, monthly, and yearly schedules.
Schedule, coordinate and plan with custodians, trades, and contracted service
workers.
Identify and recommend repairs and improvements for the school facilities
and grounds in order to maintain healthy and safe environments for students,
staff, and the community.
Review work orders daily and follow up with custodians and trades.
Meet regularly with School Principal or designee and discuss concerns and
progress on all work orders.
Walk and inspect all school sites weekly.
Interact with City Engineering Department, contractors, architects, and
engineers in connection with short and long-term capital projects.
Develop and direct the school district’s snow removal plan for schools in their
area of responsibility.
Assist SAMG with labor relations for custodians and trades.
Develop and oversee a preventative maintenance program.
Support district-wide efforts to complete, maintain, and update a facilities
capital asset assessment.
Work collaboratively with building administrators and staff to ensure a clean
and safe environment for all students and staff.
Conduct regular building inspections for safety, cleaning standards, and
procedure compliance.
Coordinate inspections by state agencies, insurance companies, fire, police,
and health department.
Complete district compliance trainings as required.
…
10. In response to the posting, Union president Daniel Colleluori sent an email to the City‘s
director of human resources and the director of the City’s Law Department, stating that the
3 SAMG was created by the superintendent of schools to oversee capital projects and consists of the superintendent,
the City engineer, the assistant to the mayor, a facilities manager, and formerly the director of administration.
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Union expects the posted position to be in the bargaining unit. Colleluori received no response
and sent a similar email to Lucero. Colleluori again received no response.
11. On June 26, 2019, the School Board hired Kevin McCarthy as a Facilities Manager.
Approximately one month later, the School Board also hired Andrew Glassman and John Perna
as Facilities Managers.4 McCarthy, Glassman, and Perna were hired without the approval or
participation of the City’s Civil Service Commission. (Exs. 12, 13, 14).
12. McCarthy, Glassman, and Perna are School Board employees and are not members of the
Union’s bargaining unit. The School Board issued “Term Sheets” to each for the 2019-2020
school year, which state, in relevant part:
This term sheet outlines the wages and benefits offered by the [School Board] to
… (hereinafter “Employee”) serving the [School] Board in the capacity of
FACILITIES MANAGER during the school year referenced above….
…
I. The duties of the position of FACILITIES MANAGER … are outlined
in the job description for that position and include such duties as may be
established by the [School Board] or assigned by the Superintendent.
II. The annual salary shall be the sum of the following:
a.) BASE PAY … An annual cash component…
b.) ANNUITY. An additional sum … contributed towards the purchase
of [an] annuity with a tax sheltered annuity company of [the
Employee’s] choice; and
III. The work year shall commence on July 1 and shall terminate on June
30…
a.) VACATION. Employee shall receive up to twenty (20) paid days of
vacation…
…
4 Each offer of employment was contingent upon passing a criminal history and child abuse and neglect registry
check pursuant to Connecticut General Statutes §10-221d.
Conn. Gen. Stat. § 10-221d states, in relevant part:
(b) Each eligible school operator shall … (2) require each applicant to submit to a records check of
the Department of Children and Families child abuse and neglect registry … and (3) … state and
national criminal history records checks…
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b.) HOLIDAYS. The following are paid holidays: Independence Day,