Attorney Gordon O'Connell Wins Lateral Transfer Case for Garage Foreman at MassDOT

On January 14, 2016, an arbitrator issued an award granting backpay to a MassDOT garage foreman who was denied a lateral transfer to a different location despite having more seniority than the employee who was granted the position. The grievant has since retired, so the more junior employee will be allowed to remain in the position while the grievant gets a backpay remedy.

The case arose when the grievant, a long-time garage foreman for the MassPike and then MassDOT, applied for a transfer to the foreman position in a different garage. The Department granted the transfer to a more junior employee, despite the clear contractual seniority entitlement. It argued that the garage foreman position was the same as a "senior mechanic" position later offered to the grievant since both positions had the same state classification assigned to them. In yet another decision undermining the accuracy of the state classifications assigned to former MassPike employees, the arbitrator held that the two positions were indeed different and that the grievant was entitled to the position of his choosing.