Pyle Rome obtains decision from the Commonwealth Employment Relations Board affirming a finding that the City of Boston repudiated a settlement agreement with the Boston Police Superior Officers’ Federation

Attorneys Leah Barrault and Ian Russell, on behalf of the Boston Police Superior Officers’ Federation (“Federation”), obtained a decision from the Commonwealth Employment Relations Board (“CERB”) affirming a 2011 finding by a Department of Labor Relations hearing officer that the City of Boston repudiated a settlement agreement with the Federation.

In 2005, the parties had entered into a settlement agreement regarding an assignment in the Special Police Unit. The City had initially argued that the settlement agreement was not enforceable because it was premised on a mutual misunderstanding regarding the work at issue. The hearing officer rejected these arguments and held that the 2005 agreement was clear and unambiguous and that by failing to transfer the assignment to the Federation as agreed, the City had repudiated the agreement in violation of G.L. c. 150E.

On appeal to CERB, the City argued for the first time that the settlement agreement was void as a matter of law because it required the City to unilaterally take away work from two other bargaining units. The CERB held that it was improper to raise this argument for the first time on appeal. Additionally, the CERB found that nothing in the settlement agreement prevented the City from satisfying its bargaining obligations with other unions.