6/16/1981 BOARD OF SELECTMEN Minutes

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ADMINISTRATIVE MEETING of BOARD of SELECTMEN 1 INUT'Es June 16 , 1981 While awaiting the arrival of James Rich, Chairman of the Personnel. Boa-rd', and JohniWeld, the Executive secretary presented a letter just received from the Barnstable County Retirement ,Board- relative , to former Patrolman Aitchison, notifying hire of the denial of his appli- cation. li-cation. The Appeals Process may tale six months , and Town Counsel has indicated there may be some problems if it is denied. The Executive Secretary has asked that Aitchison be examined by a physician in the meantime, Town Counsel will forward a recommended procedure. EMERGENCY MEETING '- - 1'1: 00 1 The Board entered into an Emergency Meeting of the Board of Select- men to discuss with Atty. Weld and Janes Rich a grievance which has been presented by the Firefighter' s Association, and which must re- ceive a response by tomorrow, June 1.7. since 2 members of the Board are not expected Fto attend~tomorrowls meeting, :-due to health problems ,, it was necessary- to call an emergency session ; to ,meet the deadline for rendering a% decision. 'Tfie "grievance in question relates to interpretation of the Holiday Pay Clause in the Contract. The Executive secretary felt a� Joint' meeting.,of the Board of Sel- ectmen and Atty. Weld and Chm:I Rich would be a good-idea, so that the Selectmen could understand the Personnel Board' s response to the grievance, and firm"u "their own- -thoughts. selectman Jean Thomas asked for clarification of lone' sentence ire the contract, while awaiting an answer, Executive secretary read from the minutes of the Personnel Board Meeting, which explained their interpreta- tion of the clause in question, The Exec. secretary pointed out the letter of Town Counsel , which supported the position of the Fire Chief and the Personnel. Board. Attorney Weld pointed out that to place another interpretation on that 'clause at this time would unwisely influence present negotiations . The Selectmen recalled that lased on information available to therm at. the time of their discussion with representatives of the Fire- 'fighters Association on May .,2 , 1981, they had perhaps arrived at some erroneous conclusions . A clarification by the Chairman of the Personnel Board and Atty. Weld of the basis for the present inter- pretation of the Contract provided enlightenment on the question, It is now clear that the Town has paid out the proper amount to Firefighters for their holiday pay; they are merely .challenging the distriut�. of those payments . Atty. Weld also pointed out that the grievance had not been filed within the time limit imposed by their contract, which calls for filing within 5 days of commission of the grievance. If they had a legitimate grievance, it should have been filed within 5 days of the first holiday payment after the Contract took effect. It is not acceptable le to file a grievance after a contract has been in effect for 22 months , and expect retroactive regress . This actually renders the grievance invalid. It is implied agreement when they accepted payment -in the manner which they did for all those months. He pointed out that the Selectmen should have read his opinion an advi's'ed opinion) before coming to conclusions of their own, Sel. Thomas pointed out that she wants to be sure of maintaining good labor relations with the Firefighters" Association, and that she