Recent Developments

A hearing officer of the Department of Labor Relations agreed with Attorney Jillian Ryan that the City of Haverhill unlawfully changed how fire fighters comply with the state ethics law. This case is an important reminder that obligations imposed by state law on municipalities do not relieve these public employers from negotiating with unions about how to comply with the law. Attorney Ryan represented Haverhill Fire fighters Local 1011, IAFF in this unfair labor practice proceeeding.

On March 27, 2015, the Vermont Supreme Court upheld a Vermont Labor Relations Board decision rejecting an untimely election petition filed by the New England Police Benevolent Association (NEPBA) that sought to raid a portion of the statewide Non-Management Bargaining Unit represented by the Vermont State Employees Association (VSEA). The case was argued in the Supreme Court by Attorney Al Gordon O'Connell, and the Court adopted Attorney Gordon's rationales in its opinion.

Attorney Jillian Ryan persuaded a neutral arbitrator that a local hotel lacked just cause to terminate a 24-year hotel kitchen cleaner or issue a final warning for two separate incidents involved alleged insubordination. The victory for UNITE HERE Local 26 demonstrates why a union contract is indispensable to protecting against arbitrary or baseless discipline.

Here we discuss a few developments of particular interest toward our public safety union clients.

Attorney Terry Coles persuaded an independent arbitrator that an employee represented by UFCW Local 1459was wrongfully terminated for violating an Employer's zero tolerance drug testing policy. The Union and the Employer negotiated contract language that provided for random drug testing of employees. The policy originally offered rehabilitation to employees who tested positive. The parties later agreed to remove the drug testing language from the contract and let the matter be controlled by an Employer policy.

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.