Recent Developments

A recent National Labor Relations Board (NLRB) case involving an employee of a Hooters franchise being terminated for complaining about an unfair bikini competition termination provides a nice demonstration of how the National Labor Relations Act (NLRA) benefits even non-union employees.

An arbitrator has determined that Steward Health Care lacked just cause to terminate a veteran employee accused of illegally accessing a patient's medical records for 30 seconds. Attorney Patrick Bryant represented 1199SEIU United Health Care Workers East (Mass) in this arbitration.

In April 2014, the state Department of Children and Families (DCF) withdrew a supported finding of abuse against a group-home employee who was alleged to have neglected a teenaged resident of the home by failing to monitor her Internet usage, particularly the emails she sent and received while sitting at a computer in the living room in the group home.

Following an investigation, the Massachusetts Department of Labor Relations has issued a complaint, alleging that the City of Boston unilaterally changed the procedure used to promote police officers within the Department. Attorney Patrick Bryant represented the Boston Police Superior Officers Federation, which first filed a charge. The two other Boston police unions -- the Boston Police Patrolmen's Association and the Boston Police Detectives Benevolent Society - also filed charges that were combined into a single hearing.

The Town of Greenfield proposed to implement a policy regulating employment of family members and close relations. For many, public safety work is a time-honored, family calling. Attorney Terence Coles filed a petition on behalf of 10 voters, including representatives of Professional Fire Fighters of Massachusetts and Massachusetts Coalition of Police, asking the Civil Service Commission to investigate this proposal.

In response, the Town agreed that the policy will not apply to Civil Service employees.

Attorney Betsy Ehrenberg, on behalf of 1199SEIU United Healthcare Workers East, persuaded a neutral arbitrator that Tobey Hospital did not have the right to canceled scheduled regular shifts of a certified nursing assistant (CNA) because she worked overtime.

Attorneys Leah Barrault and Jillian Ryan, on behalf of Malden Fire Fighters Local 902, IAFF requested that the City of Malden provide copies of collective bargaining agreements for other City bargaining units and individual contracts for department heads. The information was requested both under Chapter 150E, the collective bargaining law, and Chapter 66, the public records law. This information is clearly necessary for Local 902 to prepare for contract negotiations and an anticipated interest arbitration to wages and benefits for fire fighters.

Attorneys Leah Barrault and Ian Russell persuaded an arbitrator that the City of Medford's redistribution of certain Deputy Chief overtime vacancies violated the collective bargaining agreement with Medford Fire Fighters Union, Local 1032, IAFF. The arbitrator agreed that the reassignment of these vacancies to a single captain - rather than based on seniority of captains from the appropriate work group - violated the past practice enshrined in the contract.

Today, Plymouth Town Meeting voted overwhelmingly to fund a new contract that will help fire fighters get closer to average wages. Attorney Leah Barrault represents Plymouth Fire Fighters Local 1768, IAFF.

Attorney Patrick Bryant worked with the National Labor Relations Board's Boston office to investigate allegations of statements made by Chelsea's Signature Breads during an organizing drive by UFCW Local 1445. It is unlawful for an employer to threaten to reduce employee wages and benefits if they support a union, or to promise to increase pay and benefits if they oppose a union.