State Agency Agrees With Attorney Bryant that Civil Service Employers Cannot Condition Reinstatement Of Laidoff Employees On Fitness Exams

Attorney Patrick Bryant, on behalf of Fall River Fire Fighters Local 1314, IAFF, challenged the City of Fall River's refusal to reinstate laidoff firefighters unless and until they successfully completed fitness and drug exams. The Department of Labor Relations issued a complaint on Local 1314's charge that these conditions constituted an unlawful change in practice, given that the City never placed these conditions on previous laidoff fire fighters.

Local 1314 also petitioned the Civil Service Commission to investigate this practice, alleging that it was not permitted under Civil Service laws. At the request of the Commission, the Human Resources Department provided an opinion as to whether conditions on reinstatement were permitted under Chapter 31, Section 39. This week, HRD agreed with Attorney Bryant and Local 1314 that such examinations were not permitted.

As the agency in charge of interpreting and administering Civil Service Laws, agencies and courts are expected to defer to HRD's interpretation. The Commission has not issued any final decision in response to the Union's position.

The City, as of yet, has not ceased placing these conditions on laidoff fire fighters.

HRD's opinion, if upheld, applies to Massachusetts Civil Service employers reinstating employees that the same employer laid off. HRD already has opined that Civil Service employers may subject employees laid off by other communities to various fitness examinations and tests as a condition of employment.

Next, a Civil Service employer may be able to require an examination of a reinstated employee, based upon specific concerns about the specific employee's ability to perform the job - subject to any established practices or contract language.