Recent Developments

The Town of Rockland was handed yet another setback in its multi-pronged attack against Rockland Fire Fighters, Local 1602, IAFF. For months, the Town has engaged in costly and, so far, unsuccessful litigation in what appears to be an effort to prevent the fire fighters from receiving a fair contract. Attorneys Leah Barrault and Patrick Bryant represent the Union.

It is a hallmark of labor law that an arbitration decision is supposed to be "final and binding" on the parties, to ensure that resolution is quick and litigation expenses are relatively minimal. Many employers effectively repudiate that promise by appealing decisions they do not like to state or federal court. Attorney Alfred Gordon O'Connell persuaded the U.S. Court of Appeals for the First Circuit to reject FairPoint's appeal of an arbitration panel's ruling that the tech company impermissibly transferred bargaining unit work.

In both private and public sector labor law, a union, just as management, has an obligation to produce information in its possession or control that is relevant and necessary for collective bargaining. The Department of Labor Relations (DLR) has long held, though, that a Union cannot be faulted for failing to provide information that it neither possesses nor controls.

The traditional method of determining whether employees seek union representation is a secret manual ballot, requiring employees to go to a place (usually work) at a specific date and time. Attorney Patrick Bryant persuaded the Regional Director that the scattered work schedules and locations of part-time human services workers at Nupath, Inc. merited the use of a mail ballot election.

State law requires the executive of a City or Town to request funding for a negotiated contract or an arbitrator's award. The executive must ask for sufficient funds and "fully and unconditionally" support the request in the face of any criticism. Attorneys Alfred Gordon O'Connell and Jillian Ryan persuaded a Department of Labor Relations Hearing Officer that the Chelsea Mayor's silence in the face of extensive criticism by city councillors was unlawful. This victory will be of great benefit to public safety locals dealing with contract awards, especially ones that upset the employer.

An arbitrator reinstated a splice service technician, who was terminated for failing to return to work from an off-duty injury within time period set by the employer. Attorney Alfred Gordon represented the Union, IBEW Local 2326, in this matter.

In an astonishing demonstration of demand for increased voice in the workplace of higher education, the overwhelming majority of participating adjunct faculty at Tufts University elected to be represented by Service Employees International Union on terms and conditions of employment. This election represents the first battle of an intense campaign to empower contingent faculty at various Boston-area colleges and universities.

Generally speaking, employees cannot be disciplined for what they say or do while off-duty, unless the actions have an effect on their ability to work. A neutral arbitrator has ruled that the City of Holyoke could not reprimand the President of the Fire Fighters Association for off-duty comments he made to a longtime friend during a private conversation. Attorney Terence Coles successfully represented Local 1693 of the International Association of Fire Fighters.

The Superior Court has reversed the decision of the Civil Service Commission majority, which which upheld the Boston Police Department's psychological bypass of a qualified candidate for patrol officer. Attorney Leah Barrault represents the bypassed candidate.

Arbitration decisions are supposed to be "final and binding," in order to provide a relatively quick and cost-effective alternative to litigation to resolve disputes. But some employers refuse to accept the finality of an award, especially when they lose. A Suffolk County Superior Court judge recently rejected City of Bostons taxpayer-funded challenge to an arbitration victory for the Boston Police Superior Officers Federation. Attorneys Leah Barrault and Ian Russell represented the Federation through the arbitration and appeal.