Chaplain Reinstated After Neutral Arbitrator Concludes Disciplinary Action Was Baseless

The Commonwealth of Massachusetts had no basis last December to terminate or even discipline a chaplain represented by SEIU Local 509, concludes a neutral arbitrator after a hearing. Attorney Patrick N. Bryant represented Local 509 in this proceeding.

The state terminated the chaplain after it claimed that he intentionally omitted his employment with another correctional facility on his application with the State. The arbitrator agreed that this claim was factually without merit. She found that the chaplain mentioned his other employment on a cover letter and resume provided to the state, regularly mentioned this employment during job interviews with the state, and his employment at another correctional facility was cited by the State as a basis to hire him.

The Arbitrator agreed that the chaplain had no obligation to notify the State when was let go by the other correctional facility. Finally, the Arbitrator dismissed the allegation that the chaplain inappropriately discussed personal family matters with an inmate. The inmate did not testify against the chaplain, the state never interviewed the chaplain about the incident, and the alleged conversation, even if the arbitrator found it had occurred, did not violate any state policy.

In sum, the arbitrator concluded that the termination violated the state's contractual obligation to provide "just cause" in support of disciplinary action. Just cause is a benefit unique to most labor contracts that protects employees from being disciplined without due process, sufficient and credible evidence, or treatment consistent with the disciplinary history of the employee in question and his or her peers.

The arbitrator ordered the state to reinstate the employee and to make him whole for wages and benefits lost as a result of termination.