Recent Developments

On March 10, 2015, the NLRB issued a ruling in a nearly seven-year-old unfair labor practice case filed by Local 2324 of the International Brotherhood of Electrical Workers and litigated by Attorney Alfred Gordon O'Connell, finding that Verizon violated the rights of employees to put Union signs in their cars on Company property. In so holding, the Board determined that an arbitrator's contrary decision was "repugnant" to the National Labor Relations Act even under the old more permissive deferral standards for arbitral awards.

Attorney Leah Barrault persuaded a neutral arbitrator to restore longstanding vacation benefit for fire fighters represented by Malden Fire Fighters Union Local 902, IAFF. The Award is attached.

An employee that engages in sexual banter at work can face discipline. Attorney Alfred Gordon O'Connell persuaded a neutral arbitrator that termination is excessive where the Grievant's banter was not unwelcome, other employees engaged in similar banter, and the complaint against the Grievant was motivated by personal animosity rather than the offensiveness of comments. UFCW Local 1445 filed a grievance in support of the employee, alleging that the termination violated the collective bargaining agreement's "just cause" language.

Employers love to claim that a grievance is untimely, even if the challenge is just one day beyond what the employer views as the deadline. A dismissal for untimeliness means that the decisionmaker never has to consider the merits of a party's appeal. Attorneys Leah Barrault and Ian Russell persuaded the Appeals Court that timeliness also applies to Employer attacks on union victories.

As part of a duty to bargain in good faith, public employers must provide information relevant for unions to negotiate a contract. Attorney Leah Barrault persuaded the Massachusetts Department of Labor Relations (DLR) that the City of Waltham must answer for its refusal to disclose raises given to other city employees. The DLR issued a complaint Friday alleging that the City has violated its obligations under Massachusetts law.

A Massachusetts civil service employee is entitled to a hearing prior to being suspended or terminated. This right is reflected in General Laws Chapter 31, Section 41. Nearly all city employees and many police officers and fire fighters employed by towns are protected by civil service. Section 41 guarantees that an employee facing discipline will receive notice and an explanation of the charges prior to the hearing and an opportunity at a hearing to respond personally or through counsel to the charges.

Adjunct faculty at Bentley University overwhelmingly voted “Union Yes” casting their ballots to join Service Employees International Union (SEIU) Local 509 and its Faculty Forward project. Attorney Patrick Bryant advised and represented Local 509 throughout the organizing drive.

Where a union negotiates a term or benefit in a a collective bargaining agreement, an employer generally cannot change that benefit or even force a union to discuss a change prior to negotiations for a new contract. This rule promotes stability in labor relations, by preventing an employer from forcing a union to keep negotiating terms of employment.

A recent Civil Service Commission decision affirms why Massachusetts police officers commit a "cardinal sin" when being deliberately untruthful about critical facts related to law enforcement. In the attached case, a 17-year police officer for the Town of West Bridgewater was fired for a pattern of perjury, lying, harassment, and conduct unbecoming a police officer.

By a two-to-one margin, full-time lecturers at Tufts University, who are not tenure track, voted overwhelmingly to form their union today, casting ballots to join Faculty Forward and Service Employees International Union (SEIU) Local 509. The victory is the second one within a week for Local 509's Faculty Forward initiative, following recent election by part-time adjuncts at Boston University. Attorney Patrick Bryant advised Local 509 throughout the organizing and election process, as he has for all major higher education organizing initiatives in Boston by SEIU and Local 509.