Recent Developments

Attorney Ian Russell, representing the Athol Firefighters Union, won an important case at the Massachusetts Supreme Judicial Court related to a municipality’s obligation to bargain over health insurance benefits and the standard for confirming labor arbitration awards.

Pyle Rome partner Ian Russell recently filed an amicus brief in the Massachusetts Supreme Judicial Court supporting a group of real estate agents who have claimed that they lost wages as a result of their improper classification as independent contractors rather than as employees. The amicus brief, which was filed on behalf of the Massachusetts Employment Lawyers Association and the Massachusetts Building Trades Council, AFL-CIO, argues for the reversal of the Superior Court decision in Monell v.

The Massachusetts Appeals Court directed the Hull Retirement Board to change the retirement date of a police officer injured in the line of duty, a decision that allows the officer to keep more of a financial settlement from his employer. Attorney Terry Coles represented the police officer in the case, Hull Retirement Board v. CRAB. This case sets an important precedent for Massachusetts police and fire fighters injured in the line of duty and their employers deny compensation for the injuries.

On September 22, 2014, an arbitrator ruled in favor of USW Local 2936 that the O.S. Walker Company violated the parties' CBA when it paid only half of a deceased employee's pension distribution to his widow. Attorney Ian Russell argued the case for the Steelworkers.

A neutral arbitrator recently handed USW Local 9432 a sweeping victory reversing an attempt by HomeServe USA Energy to change the parties' long-standing practice by instituting a policy prorating vacation and sick leave accruals for employees out on extended leaves of absence. Attorney Alfred Gordon O'Connell argued and won the case for the Steelworkers.

A neutral arbitrator affirmed that a supervisor's disclosure of an employee's sensitive or confidential information to other employees is a legitimate basis for discipline. But the same arbitrator agreed with Attorney Jillian Ryan that the City of Boston failed to establish that this supervisor engaged in this misconduct.

It is against the National Labor Relations Act to fire or refuse to hire someone because of their because of activities in support of (or even against) a union. Attorney Jillian Ryan worked alongside a National Labor Relation Board's General Counsel representative to persuade an administrative law judge that Connecticut company, M&J Bus, refused to hire two individuals because of they served as union stewards for a predecessor bus company. She also helped persuade the judge that M&J Bus unlawfully refused to recognize UFCW Local 1459 as the representative of employees.

Earlier this summer, an Arbitrator agreed with Attorney David Rome and 1199SEIU United Health Care Workers East that American Red Cross improperly withheld across-the-board pay increases to three employees in 2013. This was the second time the employer withheld the annual increase to these employes, but the first time the matter had been grieved. The Arbitrator ordered the Employer to make these employees whole from the time period of the grievance (roughly August 2013) to date.

Massachusetts and New Hampshire residents likely are very familiar with the successful protests by Market Basket employees over the past few months. The episode has been an inspiring example of the power of workers, when acting together, to improve working conditions, even without a formal union.

The National Labor Relations Act (NLRA), generally speaking, entitles most employees to discuss or complain about work without repercussion from the employer. This right extends to discussions at workplaces without a union and where no union is even contemplated or desired. It also extends, as the NLRB affirmed last week, to social media.