Hearing Officer Finds Chelsea School Committee Unlawfully Withdrew Recognition from USW Local 9427

On November 12, 2015, a Hearing Officer of the Mass. Department of Labor Relations ruled that the Chelsea School Committee violated the rights of the nurses and nurses' aides in the Chelsea Public Schools when it failed to recognize USW, Local 9427 as their representative and unilaterally changed their working conditions. The case was argued by attorney Al Gordon O'Connell, who convinced the Hearing Officer to grant the union judgment without the need for a hearing.

The matter arose in August 2015 when the nurses and aides were transferred from the control of the City Board of Health directly to the control of the School Department. The nurses and aides had been part of a larger unit of City Hall employees and were covered by a contract between the City and Local 9427. When it took over their employment, the School Department told the employees they were no longer represented and unilaterally changed their hours and benefits.

Attorney Gordon O'Connell filed charges on behalf of the Union arguing that, under the state Collective Bargaining Law, the City and the School Committee were a single employer and that the School Committee was therefore required to respect the employees' representative and their contract. The Hearing Officer agreed, in a case of first impression, and found that the School Committee had violated the Law as alleged. The Hearing Officer ordered the School Committee to recognize and bargain with the Union, to return their working conditions to those that existed prior to the changes, and to make the employees whole for their losses.