Dept of Labor Relations Issues Complaint Against Worcester For Changes to Promotional Process

Attorney Leah Barrault persuaded an investigator of the Department of Labor Relations that probable cause existed to show the City of Worcester committed unfair labor practices when the City unilaterally changed the process to select the next Fire Chief and Deputy Fire Chief. Attorney Barrault represents Worcester Fire Fighters Local 1009, IAFF throughout this process.

Promotional process generally is a mandatory subject to bargain under Massachusetts public sector collective bargaining law. That well-established principle means that an employer must consult and bargain with a union prior to changing the methodology for how it picks who to promote. This issue arises most frequently in the context of public safety promotions in Civil Service communities.

Prior to February 2016, the City of Worcester used the same process to promote candidates to Chief and Deputy Chief: a written examination accounting for 80 percent of the total score, and points for education and experience, which accounted for the remaining 20 percent.

In February 2016, the City cut the value of the written examination in half and added a new assessment center component for both positions. The City did so without seeking the input of the bargaining representative for the individuals competing for the promotions.

As a result of an unfair labor practice charge filed by Local 1009, the Department of Labor Relations held an investigation. The Department issued a two-count complaint against the City based upon the evidence introduced by Attorney Barrault.

The Department ordered a hearing on the City's decision and the impacts of the decision to add a new assessment center component for the Deputy Chief position, and on the impacts of the decision to add the new assessment center component for the Chief position.

A hearing on the complaint will be held sometime in 2017.