Town Violated State Law When It Witheld Info on Probationary Employee and When It Criticized Union, Hearing Officer Rules

December 22, 2014

A hearing officer of the Massachusetts Division of Labor Relations has determined that the Town of Athol violated state labor law when it refused to provide information requested by the Permanent Association of Fire Fighters, Local 1751 IAFF. Attorney Patrick Bryant represented Local 1751. The information concerned a complaint by a citizen about the conduct of a probationary fire fighter. Public employers have an obligation to provide information that is relevant for a union to perform its role as bargaining agent of employees. Information related to discipline of employees, even about probationary employees, is automatically relevant.

In addition, the Hearing Officer agreed that the Town further violated when its former Town Manager criticized the Union President for forcing him to come to Boston about the unfair labor practice charge filed by the Union.

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