State Hearing Officer Overturns Retaliatory Promotions and Unlawful Transfer of Work at MassDOT

On September 8, 2016, in a case argued by Attorney Al Gordon O'Connell, a Hearing Officer of the Mass. Department of Labor Relations issued a 64-page decision finding that MassDOT retaliated against two members of USW, Local 5696 by denying them promotional opportunities because of their protected union activity and that MassDOT unlawfully transferred work from one bargaining unit to another without bargaining with the Union. The case is another in a line of cases argued and won by Attorney Gordon O'Connell relating to MassDOT's decisions surrounding the 2009 merger of Mass. Highway and the Mass. Turnpike Authority.

After four days of hearing and hundreds of pages of briefing, the Hearing Officer found that MassDOT retaliated against a union leader and a previous grievant through a promotion process riddled with inconsistencies. In a rare move, the Hearing Officer even ordered the promotion of one of the members because it was clear from the record that he was the most qualified candidate. The other affected member has been given an opportunity to compete in a fair promotion process run by officials not connected with the discrimination in this case.

In addition to the promotional findings, the Hearing Officer found that MassDOT transferred work from bargaining unit garage foremen represented by Local 5696 to a different bargaining unit without completing its bargaining obligations. Indeed, MassDOT made the unlawful unilateral changes while the parties were still at the table and at a time when the Union was trying to establish an appropriate review process. MassDOT has been ordered to return that work to the bargaining unit.