Complaint Issued against Commonwealth over AAA Pilot Program Implementation
August 28, 2009
The state Division of Labor Relations has issued a prohibited practices complaint against the Commonwealth after investigating an allegation by NAGE that the state had violated certain sections of Massachusetts General Law.
NAGE specifically alleged that the Registry of Motor Vehicles failed to bargain in good faith over the commencement of a pilot program that transferred bargaining unit work to non-unit personnel of the Automobile Association of America (AAA).
"This finding by the Division of Labor Relations constitutes a second rebuke of Registrar (Rachel) Kaprielian for actions she has taken," said National President David J. Holway. "The Inspector General earlier found she had violated the spirit of the law on this same matter, which should have been a clear enough indication to her that what she did was wrong.
"With the issuance of this complaint, NAGE is joined by yet another governmental agency watchdog that is troubled by the registrar's continued defiance and her apparent lack of competence in running the Registry."
On November 1, 2008, NAGE met with the RMV to negotiate about a proposed pilot program that would authorize AAA to perform certain RMV functions, including issuing driver licenses. At that meeting and in a subsequent letter, NAGE requested information from the RMV and proposed that the RMV delay implementation of the pilot program until the information was provided and the two parties could negotiate over it.
In a December 16 letter responding to NAGE's request, Registrar Kaprielian wrote that the Registry had no plans to initiate the services of AAA until NAGE had received the requested information and further discussed had occurred between NAGE and the Commonwealth.
On March 11, 2009, despite her earlier letter, Registrar Kaprielian informed NAGE that the RMV was going ahead with the implementation of the AAA pilot program, and on March 27, 2009, the program commenced.
With the issuance of the complaint initiated by NAGE, the Division of Labor Relations has determined that there is sufficient basis to formally charge that the Commonwealth failed to bargain in good faith by transferring bargaining unit work to non-unit personnel without giving the Union prior notice and an opportunity to bargain to resolution or impasse in violation of Section 10(a)(5) of the Law.
"The registrar seems to spend an awful lot of time bantering with talk-radio hosts on air. Maybe she should consider a career change and pursue that line of work she appears to enjoy more," concluded Holway.