Major Victory for BPPA
In a major victory for the BPPA,
Arbitrator Richard Boulanger yesterday ordered the immediate reinstatement with
full back pay of Officer Baltazar DaRosa. Arbitrator Boulanger found that the
Department did not have just cause to terminate Officer DaRosa in December 2010.
The Department charged DaRosa with involvement in a 2004 murder that occurred
at a Cape Verdean Night at a night club in Randolph. DaRosa’s cousin is the
main suspect in the crime, of which DaRosa has steadfastly denied any
Arbitrator Boulanger found that although
the Department investigated the case for almost seven years, it produced no
evidence that DaRosa knew of or was involved in the crime in any way. He found
that DaRosa did not violate any department rules justifying termination. He
ordered DaRosa reinstated and made whole – with full back pay and lost detail
and overtime earnings.
Attorney Bryan Decker from Sandulli Grace, PC represented
the BPPA in the case. He received assistance in the case from James Gilden,
General Counsel to MAMLEO, of which Officer DaRosa is a member.
PAX CENTURION and THE BPPA
The PAX CENTURION and its editor, James Carnell, have come
under attack over these past few weeks and we, the elected leadership of the
BPPA, feel we must respond.
We utterly reject the ugly accusations which are currently
being hurled against Jim Carnell, our Union, and our members. For many years,
Jim has taken on a thankless task of trying to keep our members, the police
community, and our supporters apprised of the issues confronting us and the
battles we have waged. He has chronicled our fights to secure decent
contracts, protect members unfairly disciplined, and secure legislative and
other benefits, such as being paid what we were promised for advancing our
education. Of course, none of the media has bothered to point to these
writings, which form the vast bulk of Jim’s work.
Also not addressed in the media fury is that most, and in
recent years, all of the net revenues derived from advertising in the PAX have
funded scholarships for the children of our members, These scholarships are
distributed by a lottery with each member having an equal opportunity to
advance his or her child’s education. For the support for these scholarships
we have received from our advertisers, we and our members are enormously
In addition, aside from the scholarship fund, the BPPA makes
extremely generous donations from its general fund to any worthwhile
organization. Contrary to accusations that we do not care about the
“Community”, we have donated tens of thousands of dollars to youth sports,
school groups and charitable causes affecting police officers, their families,
and the general public on an annual basis. These donations have been made to
groups and individuals in every district and neighborhood of Boston. The only
requirement for such assistance is that a member of the BPPA make a request
through his/her elected representative.
The PAX has always explicitly stated that any opinions
expressed in the paper are those of its editor and not necessarily those of the
leadership or members. We have respected Jim’s right to express his personal
views. To the extent that critics gratuitously call us bigots or racists, we
wholly reject such scurrilous attacks. If our Union stands for anything, it is
our shared belief that every member, and indeed every person, deserves to be
treated fairly and decently, without regard to race, gender, ethnicity, or any
other such label.
This controversy has served notice that greater oversight of
the PAX is warranted. Like it or not, the public views articles in the paper
not just as Jim’s or other writers but as the shared beliefs of all of us.
To that end, we want to reach out to our membership to
contribute to the paper, thereby reducing the burden on the few among us, like
Jim Carnell, who have shouldered all of the responsibility for filling its
Going forward, we want to ensure that the PAX reflects our
mission, as set out in our Bylaws: “…to elevate the social, civic, and
intellectual standing of our members; to promote and protect the welfare of one
another; to provide aid, assistance, and defense – financial, legal and
otherwise – to our members in matters of common interests to all Police
Officers; to cultivate feelings of friendship among persons in public office
responsible for humane exercise of progressive public policies affecting police
administration; to mitigate the hazards of our work; to advance workable
programs for improved salaries and other conditions of employment; to further
measures of excellence in and for our public salaries and other conditions of
employment; to further measures of excellence in and for our public service;
and to realize in our pursuit for happiness and equal opportunity with all
people in our public care.”
BPD ACKNOWLEDGES MEMBERS ‘COMP TIME’ RIGHTS
From: Andres, Alfredo
Sent: Wednesday, April 18, 2012 1:10 PM
To: Linskey, Daniel; Evans, William; Joyce, Paul Jr; Holloway, Bruce;
Fong, Kenneth; Fitzgerald, Paul; Mancini, Frank; Callahan, Edward
Cc: O'Rourke, Bernard; Halstead, Randall; Baston, Nora; Gross, William;
Nee, Kelly; Buckley, Kevin; Holmes, Lisa; Daley, John; Cox, Michael; Lydon,
Colm; Whitman, Steven; Dowd, Thomas; King, Genevieve; Hayes, Mark; Lee, Thomas;
Davin, John; Boyle, Joseph Capt.; Ivens, Paul; Hasson, James; Greland, John;
McCormick, Kelley; Sexton, Richard; Russell, Paul; Hussey, James; Ciccolo,
Robert; Gillespie, Joseph; Crossen, Patrick; O'Connor, Paul; Murray, Tim -
Captain; Evans, Richard; Time Clerks; Ryan, Mary BPD
Subject: Fair Labor Standards Act
Department has recently been put on notice by the BPPA they are considering a
federal law suit alleging that the BPD is violating the Federal Fair Labor
Standards Act (FLSA). This email is intended to inform you of the allegations
and give instruction on how to comply with the FLSA.
first allegation is that the Department is denying officers when they request
to take time off as WO days. Under the FLSA when an officer has acquired comp.
time the standard to deny the use of that com. time determined to be FLSA comp.
time is that it must be Unduly Disruptive to the organization. It
has been litigated and determined that just because giving an officer a WO day
would incur OT that does not make it unduly disruptive. When determining
whether to approve a requested FLSA WO day off, commanders should consider does
granting that day off put the public safety at risk. Days such as Marathon,
Caribbean Festival, and other special events such as a World Series or Super
Bowl would most likely be considered Unduly Disruptive and allow for the denial
of a FLSA WO day. This is likely to result in an increase to the OT budget
throughout the Department but that is almost unavoidable. The FLSA looks at
comp. time no differently that OT it is just that the employee is compensated
by time off instead of by monetary compensation.
second allegation is that officers are being ordered to use their comp. time
and bring down their banks. The BPPA considers this a change that cannot be
made without bargaining. This practice should stop until the Department can
notice and have a dialogue with the union on this subject.
should also be aware they are under no obligation to approve comp. time when it
is requested. Under the CBA with all four Police Unions comp. time is mutually
agreed upon. When considering a request for comp. time commanders should look
upon the request EXACTLY as if it were an overtime request and then make a
decision whether to approve or deny the request.
contact the Office of Labor Relations with any questions. The Department is in
the process of scheduling another presentation on this topic in the near future
for all commanders and time clerks.
Superintendent Alfredo Andres
Office of Labor Relations
BPPA WINS ARGUMENT OVER TRAINING DAYS
Today, January 3, 2012, we received written notification and confirmation from :
Roberta Golick, Esq, Arbitrator in the case of BPPA vs City of Boston in regards
to our argument that the City/Department was in Violation of Article IX, Section
3 F Training, by not observing the written language and allowing our members time
off earned at training to be used at the Officers discretion with the accepted exceptions
of: ‘First Night, Marathon Monday & Caribbean Festival’.
In layman’s terms, anytime you earn a W/I for Training, you can utilize the W/O
for that day anytime you choose with the above three stated exceptions.
The City violated the collective bargaining agreement when, in July 2010, it denied
Officer O’Rourke, “(the aggrieved party)”, the compensatory day he requested. Going
forward, the City is directed to comply with Section 3(F) of the agreement. Signed
By; Roberta Golick, Esq. , Arbitrator