Recent Developments

The City of Boston terminated a veteran superior police officer after a civilian co-worker alleged that he sexually harassed her and created a hostile work environment. The City terminated the superior officer, even though the 16 witnesses interviewed during the City’s own investigation either contradicted or failed to corroborate any of the complaining co-worker’s allegations. A neutral arbitrator agreed with the Boston Police Superior Officers Federation that the termination was inconsistent with basic elements of just cause.

Massachusetts Police and Fire Chiefs frequently file applications for involuntary retirement against police officers and fire fighters they believe are no longer able to work as a first responder. These applications typically happen after it is clearly established that the public safety employee is permanently disabled, either from a work-related injury or hazard (known as Accidental Disability) or non-work related injury (known as Ordinary Disability). Massachusetts law technically allows public employers seek the retirement of employees who are not disabled.

The Courtyard Marriott of South Boston terminated a housekeeper/room attendant represented by UNITE HERE Local 26 because she made a short cell phone video of a co-worker. The Grievant was recording the co-worker's violation of a work rule, in order to show that Hotel was not uniformly enforcing its policies.

A hearing officer of the state labor relations agency has ruled that Chicopee Firefighters, Local 1710 IAFF, a Pyle Rome Ehrenberg, PC client, did not violate its duty of fair representation when it informed the Fire Chief that a bargaining unit member allegedly engaged in misconduct. Attorney David Rome represented the Chicopee Firefighters at the Department of Labor Relations.

U.S. District Court judge Nathaniel Gorton has dismissed claims brought by three terminated employees against their Union, UNITE HERE, Local 26. The discharged employees claimed that the Local 26 violated the duty of fair representation (DFR) toward them.

An independent arbitrator agreed with UNITE HERE Local 26, represented by Attorney Patrick Bryant, that a terminated hotel employee was entitled to the union contract's requirement of just cause for discipline.

A Federal Judge in Massachusetts recently dismissed claims under the First Amendment, Massachusetts whistleblower law, and tort law brought by a member of the Cotuit Permanent Fire Fighters, Local 3462. The case, if upheld on appeal, is a cautious reminder that the First Amendment does not provide public employees with absolute protection against adverse employment actions based upon their exercise of free speech. Plus, it cautions that not every negative action that occurs after lawful activity by an employee can support a legal claim.

It is often said that employers can terminate at-will employees for a good reason, a bad reason, or no reason at all, even when such an action relies upon dubious allegations, unfair process, or inconsistent treatment. A union can provide a strong defense against arbitrary actions of employers, as shown by the recent victory of SEIU Local 1199 United Healthcare Workers East.

In O'Brien v. NEPBA, Local 911

The Massachusetts Wage Act, Chapter 149, Section 148, requires an employer to pay all outstanding wages, including vacation pay, on the same day it terminates an employee. In Dixon v. City of Malden, the City terminated an employee after nearly 25 years of service, but failed to pay him his accrued vacation leave on the date of termination. The City continued him on the payroll for three more months, but never claimed that the payments were in lieu of accrued 50 days of vacation.