COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. (G83CVO0SE. 2 8 ‘OWN OF KINGSTON Plaintiff, COMMONNEATH GF MASACHRETTS Suton rt Oe RALEOAAT amcuTicownT v. KINGSTON POLICE SUPERIOR OFFICERS UNION, MCOP, LOCAL 386, Defendant, WAY 34 2019 COMPLAINT AND APPLICATIO! ARBITRATOR'S AWARD, IN PART, PURSUANT TO G.L. C. 150C, § 11(4)(3) INTRODUCTION Now comes the Plaintiff, Town of Kingston (“Town” or “Kingston”), and respectfully ‘requests that this Honorable Court vacate the remedy portion of Award of Arbitrator Sharon Henderson Ellis issued May 28, 2019 in the matter of Kingston Police Superior Officers Union, MCOP, local 386, Grieving Party and the Town, Responding Party, Sgt. Susan Munford, Grievant, AAA Case No. 01-16-0004-5995, on the grounds the arbitrator hes exceeded her authority as granted by the Collective Bargaining Agreement. In support hereof, the Plaintiff alleges as follows: NATURE OF PROCEEDINGS and JURISDICTION: 1. This is an action commenced pursuant to G. L. ¢. 150C, § 11()(3) which provides that a party to a collective bargaining agreement may ask the Superior Court to vacate an arbitrator’s award.PARTIES: The Town of Kingston is municipal organization with a principle place of business at 26 Evergrcen Street, Kingston, Plymouth County, Massachusetts. The Kingston Police Superiors Union, MCOP, Local 386, is a labor organization under G.L. ¢. 150E with a principle place of business at 244 Main Street, Kingston, Plymouth County, Massachusetts. The Town and Union are parties to a collective bargaining agreement (“Agreement”) effective July 1, 2014 through June 30, 2017. A true and accurate copy of the Agreement is attached as Exhibit 1 to this Complaint, YENUE Pursuant to G.L, ¢. 150C, § 15, venue in Plymouth Superior Court is proper as all of the employees covered by the Agreement have their place of employment in Kingston, Plymouth County, Massachusetts. RELEVANT COLLE CTIVE BARGAINING AGREEMENT LANGUAGE ‘The Preamble of the Agreement states, in relevant part: - The Chief of Police and the Board of Selectman retain the right to make work schedules, duty assignments, set standards of performance, maintain levels of efficiency in the department, and for just cause, take disciplinary action when necessary against an employee. ... (Agreement, Exhibit | at p. 1). | |9. 10. 1. Article 6 of the Agreement states, in relevant part: STEP FOUR If the grievance is not adjusted satisfactorily in Step Three, the Grievance Review Committee shall submit the grievance to arbitration within ten (10) days of the Appointing Authority, or their designees, answer or date on which said answer is due, whichever occurs first ‘Then the parties hereby agree to the following grievance procedure with respect to said grievance: a) The Union shall submit the grievance to the American Arbitration Association and a copy to the Appointing Authority within ten (10) working days following receipt of the Step Three answer. ‘The matter shall be processed in accordance with said rules of the Association with both parties sharing the cost of proceedings on an equal ba is. b) The dispute as stated in the request for arbitration shall constitute the sole and entire subject matter to be viewed by the arbitrators, unless the parties agree to modify the scope of the hearings. The award of the arbitrator shall be final and binding upon the parties covered by this Agreement. 6) the arbitrator will be without authority fo add, subtract, or modify the terms of the Agreement, nee (Exh. 1 at p. 3-4), FACTUAL BACKGROUND Susan T. Munford ("Munford") was employed as an officer with the Kingston Police Department beginning in 1997. In or about April, 2012, Munford was elected to the Town's Board of Selectmen (“Board”) and served in that elected position until April, 2018. On or about April 1, 2016, the Town placed Munford on paid administrative leave pending an investigation into her conduct on March. 30, 2016, | | |