Recent Developments

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.

In the last month or so, the Civil Service Commission has issued two more decisions that question the basis of Boston Police Department's bypass of candidates qualified for police officer.

In McGuinness v. Department of Correction (July 1, 2013), the Supreme Judicial Court decided that in the rare instance where the Civil Service Commission vote is tied, the decision of the hearing officer becomes the final decision. The Civil Service Commission has five members. It frequently delegates the fact finding and preliminary functions to a hearing officer. The hearing officer then presents a proposed decision to the Commission.

In Herrick v. Essex Regional Retirement Board, the Massachusetts Appeals Court decided that a retirement board is obligated to pay interest on benefits wrongfully withheld or denied to a retiree. The retirement board denied a pension to the retiree in this case. The courts reversed this decision, directing the retirement board to provide a pension to the retiree. The retirement board cut a check for pension payments it should have paid to the retiree. The board did not include any interest on the payments.

A recent brief decision by the Massachusetts Appeals Court is a short, but critical, reminder about a Union's predominant role in handling grievances. The Union negotiates a collective bargaining agreement with an employer, from a position of strength as the exclusive bargaining representative of employees. When the Employer violates the CBA, the Employer is violating its written promises to the Union, not individual employees.