Arbitrator Agrees With Attys Barrault And Hykel: Malden Must Pay Damages & Interest For Violating Fire Fighter Contract Again

When a collective bargaining agreement has been violated, Arbitrators direct the employer to "make whole" the employees harmed. Most unions and employers can agree to the specific amount necessary to accomplish this result. In rare cases, the parties back to the arbitrator if they can't agree. This case involved an employer, City of Malden, not merely disputing the amount of the remedy. Rather, Malden refused to provide any remedy, even though previous arbitration awards established how to calculate damages in this very instance.

The City of Malden's bad faith forced the Union to pay more legal and arbitration simply to get the members what they never should have lost in the first place.

Attorney Leah Barrault had enough of the City's continued mistreatment of Malden Firefighters Union Local 902, IAFF. With the help of Attorneys James Hykel and Patrick Bryant, she asked the Arbitrator to order the City to abide by the previous formula on damages AND to pay interest. The Fire Fighters had lost money because of the City's actions. The Arbitrator agreed, ordering the City to pay 2 percent interest on the amount owed. Further, he increased the interest to 10 percent if the City still refused to make firefighters whole after 30 days.

This award of interest, including the escalation to 10 percent, should discourage employers from cavalier - or at least repeated and bad faith - violations of union contracts.