State Agency Rejects Motion to Dismiss Complaint Against Town of Athol

After the Department of Labor Relations issued a two-count complaint against the Town of Athol for its conduct toward the Ayer Fire Fighters Association Local 1751, IAFF, the Town moved to dismiss. Attorney Patrick Bryant represents the Union.

The Town claimed that the Union did not represent probationary fire fighters and therefore the Union had no right to information about them. The DLR, wisely, disagreed. The Union provided evidence at the investigation showing that probationary fire fighters were covered by the collective bargaining agreement and paid dues. Plus, the Union argued that the Town's motion confused the definitions of "probationary" and "permanent" under Civil Service law. A "probationary" fire fighter is a "permanent" fire fighter under Civil Service Law, even if not subject to protections of just cause. (Only tenured employees are protected by that standard).