State Hearing Officer: Medford Violated State Law When Chief Reprimanded IAFF Local President For Settlement Discussions

A state administrative law judge determined that Medford Fire Chief Frank Giliberti engaged in textbook illegal retaliation by reprimanding the President of Medford Fire Fighters Association Local 1032, IAFF, and a grievant for pursuing settlement discussions with a mayor's representative. Attorney Jillian Ryan represented Local 1032 in this matter.

Most Massachusetts public employees have a right to file grievances and advocate for workplace improvements for employees. Employees represented by a union have a statutory right to file grievances. It is a basic and common sense rule of labor law that a Massachusetts public employer cannot retaliate or discriminate against an employee for filing a grievance or advocating on behalf of fellow employees. But that's exactly what Chief Giliberti did when he reprimanded the Local 1032 President and an aggrieved Fire Lieutenant.

Chief Giliberti was angry that the President pursued settlement discussions directly with a representative of the mayor's office. The Chief threatened to discipline and file an unfair labor practice charge for what he asserted was a violation of the chain of command and the collective bargaining agreement. The next day, Chief Giliberti reprimanded the grievant who was the beneficiary of the Local President's advocacy.

The Hearing Officer handily rejected the City of Medford's quixotic legal defenses. The City claimed that it did not violate the law because the grievant failed to complete an assignment on time, the President improperly circumvented the chief, a grievance meeting is not protected activity, and a reprimand is not an adverse action. The Hearing Officer was unpersuaded by the logic.

The Hearing Officer ordered the City to rescind the reprimands and distribute a notice acknowledging its violations of state law. The City has 10 days to appeal this decision to the full Commonwealth Employment Relations Board.