Progressive Discipline will not prevent the termination of even the best employees found to have committed certain serious misconduct. Health care employers frequently inappropriate access of medical records or missing medication or medication errors as a terminal offense. However, the seriousness of misconduct does not relieve the employer of its basic obligation to prove that the employee actually committed misconduct.
Labor unions fight for management to enforce their work rules consistently. Employees deserve to know what is expected of them and how they will be treated if they fail to meet those explanations. An employer cannot discipline only some employees who violate a work rule, while others to do so with impunity. Similarly, an employer cannot issue reprimands to some employees for violating certain rules while terminating others for the same misconduct. Employers cannot discriminate or even favor certain employees over others,
Labor unions not only fight to improve wages and benefits for their members. They fight to ensure employers are honest and honor their agreements. The Salaried Employees of North America, Local 9158, United Steelworkers, represented by Attorney Ian Russell, persuaded an independent arbitrator that the City of Boston's recent promotion violated the collective bargaining agreement by promoting an individual who did not mean the City's own critieria.
Attorney David Rome and UFCW Local 1459 advocated for a veteran school bus driver regarded by students and supervisors alike for his professionalism and safe handling of a bus. In 22 years of service, the driver had never been disciplined. To the contrary, he had won plaudits, and once was heralded for saving a student's life. Students said that the driver "takes good care of us” and "keeps us safe.” But all that service, loyalty and success counted for little when the employer overreacted to a complaint of complaint that the driver engaged in innocuous horseplay.
The partners of Pyle Rome Ehrenberg are pleased to welcome Alex Robertson as an Associate Attorney with the firm. Alex comes to us most recently from Region 5 of the National Labor Relations Board, where he not only worked to protect the rights of employees under the National Labor Relations Act, but he also served as President of his own Local Union, representing his colleagues in disputes with management. With roots in Vermont, Alex also helps to expand and solidify the firm’s region-wide focus.
Please join us in welcoming Alex to the firm.
A neutral arbitrator agreed with Attorney Leah Barrault that the City of Worcester violated its collective bargaining agreement with Worcester Firefighters, Local 1009, IAFF by cutting compensation to temporarily promoted firefighters. Fire Departments frequently experience temporary vacancies in officer ranks. A temporary vacancy is different from when an officer leaves employment (whether retirement or termination) and occurs when an officer is temporarily or indefinitely on a type of leave (such as medical leave, military leave, etc).
On January 7, 2020, the Commonwealth Employment Relations Board (CERB) affirmed the decision of its Hearing Officer that the City of Boston unlawfully changed its rules relating to when employees receive their vacation accruals.
On January 6, 2020, a neutral Arbitrator ruled on behalf of UNITE HERE, Local 26, that Chartwells College of the Fens must pay Christmas and New Years Day holiday pay to an employee who called out sick more than a week before because of a death in the family. Attorney James Hykel represented the Union in the arbitration case.
The lawyers and staff of Pyle Rome Ehrenberg mourn the passing of senior founding partner Warren H. Pyle on December 29, 2019.
An independent Arbitrator agreed with Attorney Leah Barrault that the City of Worcester violated its collective bargaining agreement with Worcester Firefighters, Local 1009, when it failed to provisionally promote the most senior candidate as Deputy Chief. The Arbitrator handed Local 1009 another victory when she affirmed that the City is required to promote from a "short" Civil Service list (a list of fewer than three candidates) for promotions within the bargaining unit.