Recent Developments

Attorney Leah Barrault is fighting a move by the Town of Andover to dramatically increase the health insurance costs of its retirees. Recently, the Town acted to nearly double the percentage of health insurance premiums paid by retirees. The Town has announced plans to increase retiree's share of premiums even more in future years.

An arbitrator agreed with Attorney Ian Russell and that Levy Premium Foodservice violated a collective bargaining agreement when it refused to transfer the most senior banquet server to a coveted work list, by citing inadequate English skills. Language in the parties’ collective bargaining agreement mandated Levy to fill an opening on a particular banquet server list with the next most senior banquet server. The applicable server list has greater access to work additional shifts.

Employees in the private sector generally can be fired at will. These employees generally don't have a right to be told whether they are satisfactory or what will happen if they do not improve. They also don't have a right to have the employer consider their perspective prior to termination. But private-sector employees represented by a union, such as SEIU Local 509, usually have a right to due process.

It sometimes is said that substance is more important than form in labor agreements. To state in language a child can understand, if it walks and talks like a duck, then it's a duck, even if the boss calls it a "Program Supervisor."

That elementary principle was at play in this arbitration, where the City of Boston denied "acting out of grade pay" because it never actually promoted the Grievant on an interim basis and because the new duties were within Grievant's job description.

A neutral arbitrator agreed that a police officer or firefighter cannot be punished for returning to work following a serious injury, such as by denying basic injured-on-duty (IOD) benefits if the injury later forces the employee to seek medical care or leave at a later date.

An independent arbitrator agreed with Attorney Jillian Ryan and UFCW Local 328 that part-time employees working less than the minimum number of hours at Roger Williams University.

The collective bargaining agreement between Local 328 and RWU guarantees a minimum number of weekly hours and benefits to certain part-time regular employees. The contractual benefits enjoyed by regular part-time workers include paid leave and holiday pay based on the amount of hours worked.

On June 10, 2016, the Vermont Supreme Court handed Attorney Al Gordon O'Connell another victory in the assault on a bargaining unit of the Vermont State Employees Association (VSEA) by a rival union, the New England Police Benevolent Association (NEPBA). The Court upheld the decision of the Vermont Labor Relations Board that the smaller unit sought by NEPBA was inappropriate under state law.

One June 4, 2016, a Massachusetts Superior Court Judge ruled that Eastern Bus Company violated state law by failing to pay overtime to a group of school bus drivers. The case was argued by Attorney Ian Russell with Attorney James Hykel.

Attorney Leah Barrault persuaded an investigator of the Department of Labor Relations that probable cause existed to show the City of Worcester committed unfair labor practices when the City unilaterally changed the process to select the next Fire Chief and Deputy Fire Chief. Attorney Barrault represents Worcester Fire Fighters Local 1009, IAFF throughout this process.

On June 2, 2016, the Fifth Circuit U.S. Court of Appeals upheld the right of the fragrance and cosmetics employees at the Macy's store in Saugus, Massachusetts, to form their own bargaining unit to negotiate their terms of employment. The case was argued by Attorney Al Gordon O'Connell.