JL and BA MPP DFR Complaint Recd 04 22 2010

8/9/2019 JL and BA MPP DFR Complaint Recd 04 22 2010

1/9

MUNICIPAL COMPLAINT10107

STATE OF CONNECTICUTLABOR DEPARTMENTCONNECTICUT STATE BOARD OF LABOR RELATIONS

RESPONDENT'S ADDRESS: i30 Sf(vteE MOUNTAIN f ? D .f )M&tRY- , t!(. tJt,8l0RESPONDENT'S PHONE: 0 2 0 3 C f C fIi ~151 '--- _

COMPLAINT

.SIGNATURE '-Jo t-frJ U~-flJtS 5f?-!L- ttEf\.lsG~ El 6-CC~(C(nf ! ; , ' / f ; e tfn/er.sm 0 : R . /k }rd CUffe J ; : . , j)tfj

PRINT NAME & TITLESARINA MANIBANSENC

NOTARY PUBLlC~ IM Y C O M M IS S IO N E X P IR E S 7 4,v2-

CERTIFICATION OF SERVICEI HEREBY CERTIFY THAT, PURSUANT TO SECTION 7-47120 OF THE CONNc"'TTI'"yf~MAILED TO THE RESPONDENT BY REGISTERED OR CERTIFIED MAIL.


2/9

i2{)-:2.6/6- t - - - - - - = - I U - = - : : .~fct~-~;;;-S~ei'tt.Nc>jr . ~ ~~ ~e - -l~ -;~ -'f-'--- -.---___ +--lf~l'S-t)1'7 h be 1t{.'7/)/~ titS til2;cJn ..!Ie YCW 'f! .. . C4-t15e: ,;;-"m-e M e..h7)~:r -Iv /.0 S ' 'C fi~ _

' - J C J b ~ t7I/Yc/ .b je.. /ltlll ~ tt..p b " 7 ~r~5e,~,+.I I____ -+-!U/-.il,&~~/,.'7/c:5PZ?e~U/",p~ II' Ap(..; e t/(,J/- ;/e/I' ttr-----

_ _ - 1 '- - ' - 'h " " - > . I , s Oezrh . 1-0 re:-f r --c:-s- e . - r - . + ~1~ ~ ~r) je,~.s ej~ o /.on .d rt/ / f--,t;~h- i3 i.c~ c:t-/Jd jJ Fe 7 II ell c:e .J14e , '~rm;r!'/J/ SherU/p~?d Jr __/}eed~- .J.o o+ed:.....::-)"=).1~~as-fhe- !()C~./ #3S" C-i-u Iilll"Vl p r e f , , ' J e ; . . +

____ +~IUMeck ~kt,../

. ,_ ~~_+-B6:~.~ " ~ @ ~ $ ~ J . ~.~'~~'? Q/Jce-;-)./~ rt:te, k7H~P'1dc.5 )./~(.v ,,'a d Sr-~d. ~a/7-6.L';;;e.JY~+ Urlcl~Rt/~F~ Iou}.! 3S {!t..l(

thls.l.!..,t day o f Ao: I iJ7 oa n d s W o r n t o b e f o r e m e

~.---'-'-._.-._--_._-.--~-.--.-".,..........~-----~----=---,-----=...--.--- ..--


3/9

--------~--------~------------------------------------------------.---1--)'-.: ~~ t b Ct/~ I ~ 3$ C I. LLt ~VllO n ~ti6 _~I ZZZ_ _ + - - = - - I S ~ , .Dc: {2Md hC(t/e bee11 I'] l//'tJ ~ + / ; - . , " " ? ~ ;14 : . '

M&i? J1- 1 /- Y61 ~t-tlure b l?o/('-C$~-II/-s /U ;# k -s '_______ ~e0"~~~J~.----------------------------------------------------- - z ; /---.----f----=-=--------,---------- -------- ..------.--------------.-- ...I 'J J le~/#e6 r d B f r l - + ~ f/te L ~ 1C'~~L #"3S' "l7i~/7 rr1-:_._ ._-- ' --1M . , ' ! ! a t l di/V'/j . : 5 ' h ~""'wN,)d JI- CC} < 0 + 11t.( e ~ I?r4c i'C:"..:?:5I ~~d jJre Titj~e. 5111 t ; / ' c L0 ?VI';h1


4/9


5/9


6/9


7/9

MEMORANDUM OF AGREEMENTThe Danbury Board of Education, acting through Lewis D. Brey, its Director of HumanResources, and DE Local 222, C.I.L.U. - Local 35 ("the Union"), acting through Mr.Omar el-Malah, its authorized representative, and John Lewis, agree as follows:

1. The Union and Mr. Lewis will withdraw all of their grievances concerningJohn Lewis with prejudice.The following grievances are withdrawn:o One (1) day suspension, SBMA 2009-A-0864;o Three (3) day suspension, SBMA 2009~A-0161o Termination, SBMA 2009-A-0396.2. The Union and Mr. Lewis hereby waive all claims concerning Mr. Lewis'

employment arising prior to the date of this agreement that can, or could havebeen, raised through the contractual grievance process.3. Mr. Lewis will be reinstated effective March 31,2010. Mr. Lewis willreceive back pay (with the exception of overtime that was not actually

worked) from November 24, 2009 - less all applicable withholdings. As Mr.Lewis was paid for all unused vacation time, he will not receive additionalvacation through June 30, 2010. Mr. Lewis will receive his allocated vacationtime on July 1,2010 pursuant to the Collective Bargaining Agreement.4. In the event that Mr. Lewis' claim for unemployment is upheld, his back paywill be reduced by the amount of unemployment compensation received for

the period through March 30,2010.5. Mr. Lewis shall suffer no loss of seniority for the period November 24,2009through March 31,2010. Further, in light of the District's agreement to

reinstate Mr. Lewis and pay back pay pursuant to section 3 and 4 above, thereshall be no break in service for pension purposes.. 6. Mr. Lewis will retain any unused sick and personal days to which he is

entitled pursuant to the Collective Bargaining Agreement as if Mr. Lewis hadremained employed from November 24, 2009.7. The one (1) day suspension dated February 23, 2009 and related

documentation shall remain unchanged.8. The three (3) day suspension dated September 8, 2009 will remain unchanged.

However, all related documentation related to the three (3) day suspension isdeemed null and void and shall not be used in any future disciplinaryproceedings against Mr. Lewis.

1


8/9

9. The documents related to the termination as well as the write-up of the three(3) day suspension described in Section 8 above shall not be maintained inMr. Lewis' personnel file. Any such documents, and this Agreement, will bemaintained in a separate file in the office of the Director of Human Resources.The parties recognize that to the extent this Agreement is subject to theFreedom of Information Act ("FOrA"), and a request is made for thisdocument, the provisions and processes of FOIA will be followed.

10. Mr. Lewis hereby releases the Danbury Board of Education and its members,employees and agents, from all claims, demands, suits, and liabilities of everykind arising up through the date of the execution of this agreement. Claimsreleased include any claim of discrimination based on gender, race, nationalorigin, or any other form of discrimination (other than age discrimination) andall related federal, state and local statutes, regulations or ordinances;, allclaims for overtime, wages, or other compensation unless addressed in thisagreement; and any other claim of any type arising under statue, regulation, orcommon law. While Mr. Lewis is not releasing the right to pursue a charge ofdiscrimination with applicable federal or state agencies, he specificallyacknowledges that he is not entitled to receive any compensation that may berecovered as a result of any such filing. Mr. Lewis further agrees not to file OTpursue any lawsuit or demand for arbitration arising from any claim releasedherein. This release does not extend to any claim Mr. Lewis may have arisingunder the Age Discrimination In Employment Act, the Older Workers Benefit .Protection Act, or any other state and/or federal claim concerning disparatetreatment based on Mr. Lewis' age.

11. This Agreement is not intended to modify the provisions of the collectivebargaining agreement in any way, and this Agreement shall neither set aprecedent nor past practice and will not be cited in any future case orproceeding other than a proceeding concerning Mr. Lewis.~t:ff1B Y : _ = ~ - , , - - - < - ( ) _1 - 7 _ - - . f - - _Lewis D. Brey

Director ~f fIuma}lDate: : : > / e X t : t /10

DE LOCAL 222, C.I.L.U - LOCA.L 35

2


9/9

- -

DANBURY PUBLIC SCHOOLSEDUCATIONAL SERVICES CENTER

49 OSBORNE STREETDANBURY, CONNECTICUT 06810

ANGELO l{ODRIGUEZDirector of Sites and Facilities Telephone: (203) 797 - 4835Facsimile: (203) 790 - 2894

Email: [email protected]

John LewisDHS April 7,2010

Cc: Personnel fileLewis Brey

Dear John,I would like first to welcome you back to the district. Your new assignment is at the High _School from 6:30 a.m. to 3:00 p.m. In that assignment you will serve as the maintenancemechanic/electrician and perform all of the duties as required in said capacity exceptexclusively to DHS. On occasion you may be reassigned temporarily or as the districtsneeds deem necessary.While you are assigned to DHS you are to remain there for yourfull shift. When youhave a need for materials or supplies you will submit a request in Writing to my attention.All work orders are to be approved by this office prior to performing the work unlessthere is an emergency. Work orders will be submitted by Billie Anderson to my office forreview; I will then assign them accordingly, enter them into our database and then submitto you.All work order requirements remain the same. You will fill out the date work was done,the amount oftime it took, indicate its completion, sign and return to Jeanne via courier.I hope that you continue to enjoy contributing to the betterment of the children ofDanbury and I hope this new start opens the door to new and exciting challenges for you.

Documents

JL and BA MPP DFR Complaint Recd 04 22 2010