Recent Developments

The Boston Regional Director of National Labor Relations Board dismissed an effort to force an election involving nurses long represented by 1199SEIU United Health Care Workers East. Attorney David Rome successfully represented 1199SEIU in this matter.

The Town Manager of Athol burst into the offices of the Department of Labor Relations to participate in an in-person investigation filed by the Athol Fire Fighters, IAFF Local 1751. The Town Manager publicly berated the Union President for declining to meet the day before for settling and for wasting the Town Manager's day off. Attorney Patrick Bryant persuaded the Department of Labor Relations (DLR) to issue a complaint on the above allegations, as the Town Manager's criticism arguably interfered with the Union President's exercise of rights protected by law.

The Chief of the Bridgewater Police Department reprimanded and suspended a police officer five days without pay for working more than 16 hours in a 24-hour period and allegedly lying about it. The Civil Service Commission found that the charges were not sustained and ordered the City to reimburse the police officer for lost wages, to pay certain fees associated with the appeal, and to restore the officer to certain special assignments and activities.

While the Civil Service Commission ultimately ruled that the City of Salem had just cause to terminate a fire fighter and former union President, the Commission's lengthy decision urges caution to municipal employers and unions making broad accusations about misappropriation of charitable donations.

Class action settlements or trusts frequently designate a "Cy Pres" recipient to receive leftover or unclaimed monies. Attorney Tod Cochran recently was involved in designating Immigrant Workers Center Collaborative (IWCC) as a Cy Pres recipient in a wage and hour lawsuit on behalf of 50 factory workers in a marble countertop factory in Central Massachusetts. IWCC is slated to receive approximately $100,000.

The New York Times looks at efforts by Service Employees International Union to help adjunct faculty improve wages and obtain (better) benefits. Registration may be required to view article.

Attorneys David Rome and Patrick Bryant attended the seminar discussed in the article and is proud to assist Adjunct Action with efforts to improve the working conditions of adjuncts.

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.