City Failed to Adequately Support Funding of Fire Fighter Contract, Rules State Agency

The Commonwealth Employee Relations Board (CERB) ruled unanimously that the City of Chelsea violated its duty to bargain in good faith when it failed to take appropriate steps to secure funding for a new contract issued by an arbitrator. Attorneys Leah Barrault, Alfred Gordon O'Connell and Jillian Ryan represented the Chelsea FireFighters Local 937, IAFF, at various points over several years in the interest arbitration, funding and unfair labor practice proceedings.

Chapter 150E requires most Massachusetts public employers to bargain in good faith with unions. This duty to bargain in good faith requires the employer's executive branch - such as Town Administrator, Town Manager, City Manager or Mayor - to seek funding for cost items of a collective bargaining agreement from the appropriate legislative body - such as Town Meeting, City Council, or Board of Aldermen. This duty applies whether the cost items are is the result of negotiations between the parties or an arbitration award issued by a panel of the Joint Labor Management Committee (JLMC).

Here, a JLMC panel issued an award to resolve contract negotiations between Local 937 and the City. The cost items awarded were greater than those proposed by the City. The award was subject to funding by Chelsea City Council. At a City Council meeting, the elected officials passed a resolution asking parties to return to the bargaining table to negotiate a contract more favorable to the City. The City Manager said nothing during this debate. Local 937 filed an unfair labor practice charge. City Council ultimately funded the award.

An administrative law judge agreed with Local 937 that Chelsea City Manager Jay Ash violated state law when he failed to speak out the City Council resolution. The City appealed, which CERB rejected. CERB determined that the ultimate funding of the contract did not remedy the City's violation of the law, given that the City Manager never took steps at the time to address his violations or even acknowledged that he violated the law.

This decision affirms the obligation of public employers to take affirmative steps to obtain funding and cannot stand idly by when opposition to funding emerges. This duty is critical to stable labor relations. Arbitration awards represent the culmination of the collective bargaining process. If public employers stood idly by when opposition emerges, municipal executives would be able to achieve their bargaining objectives by winks and nods to the legislative body.