Recent Developments

For labor unions, a worker found to have been wrongfully disciplined or placed on administrative leave, is entitled to recoup lost wages and benefits. The worker is entitled to be "made whole," which means to be treated as if they never suffered the employer's bad actions. Anything less than make whole relief allows the employer to benefit from, if not profit, from violations of the collective bargaining agreement. A remedy less than make whole also means that the worker continues to suffer financially through no fault of their own.

Unions and employers generally agree the workplace should be free of harassment, violence or threats. But they can disagree when employers overreact, relying on ambiguous statements, hearsay or both to justify harsh discipline.

Unions can prevent a miscarriage of justice by forcing employers to prove with credible evidence that the disciplined employee actually violated a clear "zero tolerance" policy on harassment or threats.

Attorneys Jillian Ryan and Leah Barrault moved closer to a victory for government transparency and Union information requests, thanks to support by the Supervisor of Public Records. The Supervisor is recommending that the AG force the Town of Falmouth to disclose secret drafts to a report about public safety services in the Town.

A neutral arbitrator has agreed with Attorney Tod Cochran and SEIU Local 509 that certain Department of Mental Health employees are entitled to overtime back pay for responding to emergencies while on call. The arbitrator ordered the employer to pay the employees for lost wages as far back as 18 months prior to the filing of the grievance.

Most collective bargaining agreements provide for arbitration, a relatively informal and inexpensive method to resolve disputes between employers and unions. Without final and binding arbitration, the parties are forced to use time-consuming and expensive process of court litigation. (In the private sector, parties arguably could resort to economic weapons, such as strikes and lockouts, if a contract did not contain arbitration or "no strike/lockout" clauses).

A neutral arbitrator agreed that an employer lacked just cause to terminate a 20-year employee for a first-time violation of a workplace violence policy. Attorneys Tod Cochran and James Hykel represented
UFCW Local 791 throughout the arbitration process.

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.

A neutral arbitrator agreed with Attorney David Rome and 1199SEIU United Health Care East/Massachusetts that Boston Medical Center improperly classified a worker's absence in order to attend court as unscheduled and unexcused.

It is a basic rule of thumb in labor relations that the Union can enforce plain language in the collective bargaining agreement, even if an employer failed to honor that language for years. A neutral arbitrator agreed with Attorney Patrick Bryant and Waltham Fire Fighters, Local 866 IAFF that the City incorrectly calculated the rank differential for Lieutenants, Captains and Deputy Chiefs and did so in disregard of clear contract language.

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.