Attorney Hykel Wins Ability of Unions to Prosecute Violations of Civil Service Laws

Public sector labor unions can seek to ensure that a Civil Service employer acts in accord with Civil Service law, under a new decision of the Superior Court. Attorney James Hykel persuaded a Superior Court judge that it is appropriate for a labor organization to file a claim at the Civil Service Commission on behalf of its members.

When a Civil Service employer violates Chapter 31, the Civil Service law, the affected employees may be reluctant or fearful to pursue a challenge. A labor union, by contrast, may be more willing, and less fearful, to seek enforcement of Chapter 31. But the Civil Service Commission has been unwilling the past few years to allow labor unions to act in this fashion, and has argued that a person specifically harmed, or "aggrieved," employee, must be a party.

In the above case, the Boston Police Superior Officers Federation, and a few of its members, alleged that the City of Boston was not filling vacancies in accord with Chapter 31. The City and Commission argued that the Federation lacked "standing" to be a party to the appeal. The Superior Court disagreed.

This decision should encourage public sector labor unions to petition the Commission to investigate violations of Chapter 31.