State Labor Board Affirms Haverhill Made Unlawful Change to Training Requirements

The Commonwealth Employment Relations Board (CERB), the state agency that administers collective bargaining law for Massachusetts public employees, agreed with Attorney Jillian Ryan that the City of Haverhill unlawfully changed requirements for ethics training of fire fighters. The City required that fire fighters represented by
Haverhill Fire Fighters Local 1011, IAFF to complete mandatory online training while on duty and in the presence of the training officer. Previously, Local 1011 members could complete training off duty, at home and without any supervision. Local 1011 did not object to the requirement that members complete training, but to the manner of changing how it must be completed. A hearing officer of the Department of Labor Relations agreed with Local 1011 that the City violated its obligation provide notice and an opportunity to bargain prior to making this change.

In an example of municipalities apparently believing they have unlimited resources to defend baseless actions, the City decided to appeal the straightforward ruling. CERB rejected the City's challenges to the factual and legal basis to the hearing officer's decision. CERB described the City's change as a classic "fait accompli" because it provided no opportunity for the Union to demand bargaining. CERB affirmed the longstanding principle that where a City is required to comply with a statute and yet the statute provides a number of options for compliance, the employer must bargain with the Union about the method of compliance.

CERB affirmed that the City must rescind the unilateral change, provide notice and an opportunity to bargain with the Union if it seeks to implement this change. The City also is directed to post and distribute a notice, including via electronic mail, to Local 1011 members that acknowledges its wrongdoing and promises to comply with the Law.