As the selectmen voted 5-0 to support coalition bargaining Monday, June 21, the town manager issued a memo disagreeing with an unfair labor-practice charge tied to a May 17 Town Meeting vote over health care.

"While it appears everyone is committed to the process, it is unfortunate that the PEC is filing unfair labor practice charge that I had set preconditions to the negotiations," Brian Sullivan wrote in the June 18 memo.

"First off, there were no negotiations going on – they were terminated and Town Meeting certainly has every right to file a home rule petition.

"If there were any preconditions set to negotiations it was done by the teachers, in writing, when they stated that they would not discuss the GIC. I have said, and put it in writing many times, that I would discuss all options."

Here is the full text of the memo:

As you are aware, the Board has a standing vote to authorize coalition bargaining (Section 19E) for the purpose of negotiating with the PEC to enter the GIC. During the course of these negotiations, the unions asked if we could explore and discuss other health care options that may save money. I said absolutely. Consequently we went out to bid and did evaluate all alternative options that the unions requested.

This time around, they have requested that we formally adopt general coalition bargaining (Section 19) which would bind us permanently unless the unions agreed by 70% weighted vote to let us out. I indicated that I would agree to recommend this but any negotiated agreement would have to provide savings comparable to what we would get from the GIC.

Accordingly, I would recommend the following vote to the Board:

The Board of Selectmen accept M.G.L. c. 32B, section 19 (as amended) for the purpose of transferring all subscribers for whom the Town provides health insurance to the Group Insurance Commission pursuant to M.G.L. c. 32B, section 19 (e), or in the alternative for the purpose of reaching a written agreement with the Public Employee Committee in order to provide health insurance to all subscribers based on terms that achieves savings comparable to the Group Insurance Commission. And further, to authorize the Town Manager to: notice forthwith the initial meeting of a Public Employee Committee for the purposes of M.G.L. c. 32, section 19 or 19 (e); bargain with such Public Employee Committee for the purposes of M.G.L. c. 32B, section 19 or 19 (e); enter into an agreement with such Public Employee Committee for the purposes of M.G.L. c. 32B, section 19 or 19 (e); and take all such other steps as are reasonably related to the transfer of all subscribers into the Group Insurance Commission.

We have already had one session and have another scheduled for June 29th. I thought the meeting went well. Bob McKersie served as a facilitator and will continue in that role.

While it appears everyone is committed to the process it is unfortunate that the PEC is filing unfair labor practice charge that I had set preconditions to the negotiations. First off, there were no negotiations going on – they were terminated and Town Meeting certainly has every right to file a home rule petition. If there were any preconditions set to negotiations it was done by the teachers, in writing, when they stated that they would not discuss the GIC. I have said, and put it in writing many times, that I would discuss all options.

In addition when we negotiated with the PEC previously and reached agreement at the table, they had an obligation to bring it to a vote of their memberships. In fact, the Teachers representative put it to me that “this is the deal we need before we would bring it to our membership”. I agreed to the deal and then the Teachers reneged. That was an unfair labor practice.