Arbitrator Rules Boston Medical Center's Uniform Policy for 1199SEIU Members Lacked Any Rational Basis

Boston Medical Center issued a dress code for employees but deliberately looked the other way when employees did not adhere to it. Instead of enforcing its dress code, BMC decided to order employees to wear a uniform. Attorney David Rome persuaded an independent and neutral Arbitrator that this new policy violated BMC's collective bargaining agreement with 1199SEIU United Health Care Workers East.

The Arbitrator determined that BMC had a legitimate business reason to issue and enforce a dress code. She found that BMC, when faced with what it viewed as violations of the dress code, had no reason to replace it with a mandatory uniform policy, especially where BMC made no effort to address non-compliance directly with employees. The Arbitrator also determined that BMC violated its duty to bargain in good faith prior to implementing the new uniform policy. The Employer presented the uniform as an option for employees and did not notify the Union, until after the fact, that the uniform was mandatory.