State Hearing Officer Tosses Out Claim Against Fire Fighters Association

A hearing officer of the state labor relations agency has ruled that Chicopee Firefighters, Local 1710 IAFF, a Pyle Rome Ehrenberg, PC client, did not violate its duty of fair representation when it informed the Fire Chief that a bargaining unit member allegedly engaged in misconduct. Attorney David Rome represented the Chicopee Firefighters at the Department of Labor Relations.

Under Massachusetts law, a public sector union owes a duty of fair representation to employees within a bargaining unit. As its name implies, the duty merely requires a union to be fair – not zealous or unwavering -- in its representation of employees on matters contained within a collective bargaining agreement. The Duty of Fair Representation therefore means a Union should make informed decisions about workplace disputes and that such decisions should not be arbitrary, perfunctory, neglectful or motivated by illegal intent. Unions, for instance, cannot refuse to represent employees on contract grievances based upon whether the employee is a full member and paid up on dues. But absent an improper motive or negligence, unions generally have a wide range of discretion in whether and how to represent employees.

In this case, union officials presented an allegation of misconduct against a Fire Captain, a member of the bargaining unit. This allegation was raised in the midst of Union complaints, which were widely shared by fire fighters, about the Fire Captain’s behavior. Upon investigation, the Fire Chief deemed the allegation against the Fire Captain to be unfounded. The Hearing Officer concluded that the case does not show the Union violated its duty of fair representation, because its actions were not arbitrary, neglectful, or perfunctory. They also were not improperly motivated. The Union was advocating for the interests of a majority of members and the Captain never requested Union assistance during the investigation. The Fire Captain has the right to appeal to the full Commonwealth Employment Relations Board.

In sum, a Union does not violate its duty by bringing forth complaints about a fellow bargaining unit member – even if the allegation, as in Chicopee, is determined later to be unsubstantiated.