State Directs City of Malden to Disclose Contracts And Wage Data to Malden Fire Fighters

Attorneys Leah Barrault and Jillian Ryan, on behalf of Malden Fire Fighters Local 902, IAFF requested that the City of Malden provide copies of collective bargaining agreements for other City bargaining units and individual contracts for department heads. The information was requested both under Chapter 150E, the collective bargaining law, and Chapter 66, the public records law. This information is clearly necessary for Local 902 to prepare for contract negotiations and an anticipated interest arbitration to wages and benefits for fire fighters. It also is beyond dispute that the documents requested are public records subject to disclosure.

The City balked at providing CBA's and individual contracts with department heads, in addition to other information. The City claimed that such information was not pertinent to negotiations - a statement contradicted by the long-established cases from the Department of Labor Relations and the Joint Labor Management Committee statute that governs police and fire contract negotiations. Later, the City refused to provide the information because the City said it did not want to be accused of providing incomplete information. This is a bizarre and legally inadequate defense.

The Department of Labor Relations issued a complaint, alleging that the City violated Chapter 150E by refusing to provide information (and by delaying the information it did provide). The Public Records Supervisor of the Secretary of Commonwealth's office also ruled that the City failed to defend its refusal to provide information under the Public Records Law. Both are attached. Local 902 will continue to fight the City's efforts to stymie contract talks and hide information.