Civil Service Commission Agrees with Attorney Bryant That Chiefs Cannot Condition Reinstatement Upon Physical/DrugExams

Several months after laying them off, the City of Fall River conditioned reinstatement of four fire fighters upon a physical examination and a drug test. Drug tests and physical exams are not required in any other situation for fire fighters, including fire fighters on extended leave. In response, the Fall River Firefighters, Local 1314 IAFF filed a charge about these new conditions at the Department of Labor Relations and the Civil Service Commission, alleging that these conditions were never negotiated and prohibited by state civil service law. Attorney Patrick Bryant has represented Local 1314 throughout these proceedings.

The DLR issued a complaint alleging that the imposition of these conditions was an unfair labor practice for failing to bargain first with Local 1314. A hearing on the unfair labor practice complaint is scheduled for the Spring.

Then, the Human Resources Department, which administers civil service procedures, issued an opinion that agreed with Local 1314's position. Now the other shoe has dropped. The Civil Service Commission issued a decision agreeing that the City's decision to condition reinstatement upon passage of physical examinations and drug tests was unlawful. The decision is attached.

The decision affirms that civil service police and fire chiefs cannot require examinations before reinstating police officers and fire fighters that they laid off.