State Labor Judge Agrees That Boston Unlawfully Took Union Work Away From Steelworkers Local

Attorney Jillian Ryan persuaded a hearing officer of the Department of Labor Relations that the City of Boston unlawfully removed bargaining unit work from Salaried Employees of North America (SENA) and gave it away to a non-union worker. SENA is Local 9158 of the United Steelworkers.

Here, the City responded to certain financial constraints by eliminating a supervisory position at the Boston Centers for Youth and Families. While Massachusetts labor law allows a public employer, subject to modest bargaining obligations, to cut services to save money, the law does not allow an employer to take work performed by a union-represented employee and give it to a non-union represented employee. This latter concept is known as transfer of bargaining unit work. Prior to transferring bargaining unit work, a public employer is required to provide a union with notice and an opportunity to bargain. This right is important because it prevents an employer from diluting strength of workers by simply giving the work to employees with less bargaining leverage.

Here, the hearing officer agreed that the City violated Sections 10(a)(5) and (1) of the Law by transferring bargaining unit work without bargaining with the Union over its decision to transfer that work or the impacts of that decision. The Hearing Officer ordered the City to restore the duties to the bargaining unit and to make any employee whole who suffered an economic loss as a result of the City’s unlawful actions.

The City has the right to appeal the decision to the full Commonwealth Employment Relations Board.