Pyle Rome attorneys obtain decision from the Commonwealth Employment Relations Board affirming a finding that the City of Boston unlawfully transferred bargaining unit work to non-bargaining unit personnel

Attorneys Leah Barrault and Al Gordon, on behalf of the Boston Police Superior Officers Federation (“Federation") obtained a decision from the Commonwealth Employment Relations Board (“CERB”) affirming a 2011 decision by a Department of Labor Relations hearing officer that the City of Boston unlawfully transferred bargaining unit duties to non-bargaining unit personnel without giving the Federation prior notice or an opportunity to bargain to resolution or impasse.

In 2005, the Boston Police Department merged the Central Supply and the Evidence Management divisions into the Evidence and Property Management Division (EPMD) and assigned a Federation captain to command the EPMD. Federation captains maintained this command position until 2008, when the City transferred the position to a captain detective in another Union. The Federation demanded to bargain over the assignment, but the City failed to respond and the Federation filed a charge of prohibited practice.

CERB affirmed the hearing officer’s finding that because the command duties at EPMD were exclusively assigned to Federation captains for two and a half years, the assignment constituted a binding past practice that obligated the City to provide the Federation with notice and an opportunity to bargain over any changes to that assignment. CERB also affirmed the hearing officer’s finding that because the change in assignment did not implicate the level of services or public safety considerations, but did implicate the Federation’s promotion and overtime opportunities, the Federation’s interest in bargaining over the change outweighed the City’s interests and its managerial prerogative to make assignments.

On appeal, the City relied on two previous CERB rulings affirming dismissal of charges relating to bargaining unit assignments to support its argument that the Hearing Officer’s legal analysis was flawed. CERB rejected the City’s reliance on these rulings, noting that dismissal letters have no precedential value.