COMMONWEALTH OF MASSACHUSETTS

LABOR RELATIONS COMMISSION

______

In the Matter of )

)

NATIONAL ASSOCIATION OF )

GOVERNMENT EMPLOYEES, LOCAL 495 )

)

and )

)

CITY OF WORCESTER )

______)

MOTION FOR EXPEDITED INVESTIGATION OR HEARING

The National Association of Government Employees (NAGE or Union) requests an expedited investigation and/or hearing in accordance with 456 C.M.R. section 15.10 on the attached Charge of Prohibited Practice. The Charge is filed for management’s direct dealing with employees over health insurance and contract negotiations, and management’s refusal to bargain with the Union. The Division of Labor Relations has issued Complaints against the City for engaging in this same activity on prior occasions. A Complaint of Prohibited Practice (MUP-09-5598) issued on March 2, 2011, is pending over the City’s direct dealing with employees on layoffs. A Complaint of Prohibited Practice (MUP-08-5304) issued on March 23, 2010, is pending decision over the City’s failure to bargain with the Union over health insurance changes. A hearing was held on the latter Complaint on October 13, 2010 and November 9, 2010, and briefs were filed on January 20, 2011.

The attached Charge and supporting affidavit show that the City is engaging in the same behavior over recently proposed changes to the health insurance plan and other terms of employment. The Union has demanded to bargain and has submitted proposals in response to the City’s proposals, but the City refuses to consider the Union’s proposals or engage in bargaining. City management has held mandatory meetings with employees to bypass the Union and urge employees to vote for management’s proposals. Management has set arbitrary deadlines without notice to the Union. The City has directly threatened employees with layoffs if they do not force a vote on the City’s proposals.

The City has indicated it will implement its proposals without bargaining. The City’s actions make clear that management is ignoring the prior Complaints that issued over the same behavior. The Complaints have been pending for some time without final resolution. Apparently, the City now feels it may continue to bypass the Union, deal directly with employees through threats and intimidation, and implement health insurance changes without bargaining.

An expedited investigation and/or hearing is essential to stop the employer’s illegal action. The Charging Party submits that good cause is shown under 456 C.M.R. section 15.10 for the Department expeditiously to investigate and hear the instant Charge due to the Employer’s repetitive and continuing violations of the law and the extreme damage that the City’s action is causing to the Union’s status as the bargaining agent.

Respectfully submitted,

NATIONAL ASSOCIATION OF

GOVERNMENT EMPLOYEES

______

Jean Zeiler

General Counsel

159 Burgin Parkway

Quincy, MA 02169

(617) 376-0220

Dated: May 11, 2011

Certificate of Service

I certify that the attached Motion has been served by first-class U.S. mail on May 11, 2010, on the following:

Lisa Carmody, Esq.

Executive Office of Human Resources

Room 109, City Hall

455 Main Street

Worcester, MA 01608

______

Jean Zeiler

3