Recent Developments

In the rapidly changing retail sales environment where Internet-based sales are becoming more the rule than the exception, an arbitrator has ruled that Macy's has unfairly taken advantage of its commission sales associates by making them take time off the sales floor to work on fulfillment of web sales without proper compensation. The case was argued by Attorney Al Gordon O'Connell on behalf of UFCW, Local 1445, which represents employees at the Macy's store in Downtown Boston as well as a number of branch locations.

Unions frequently allow employees and employers the flexibility to establish changing schedules and to have both full-time and part-time options.

A neutral arbitrator agreed that an employer does not have just cause to terminate a school bus driver merely for being involved in an accident or causing property damage - where the employer cannot show the employee was at fault or that the incidents were preventable .

An employer who stops a long-established benefit for employees violates a collective bargaining agreement, even if there is no specific language violated. That's why a neutral arbitrator ruled that Southcoast Hospital Group violated its contract with 1199SEIU United Health Care Workers East when it stopping giving meal vouchers to employees on their birthdays.

For labor unions, a worker found to have been wrongfully disciplined or placed on administrative leave, is entitled to recoup lost wages and benefits. The worker is entitled to be "made whole," which means to be treated as if they never suffered the employer's bad actions. Anything less than make whole relief allows the employer to benefit from, if not profit, from violations of the collective bargaining agreement. A remedy less than make whole also means that the worker continues to suffer financially through no fault of their own.

Unions and employers generally agree the workplace should be free of harassment, violence or threats. But they can disagree when employers overreact, relying on ambiguous statements, hearsay or both to justify harsh discipline.

Unions can prevent a miscarriage of justice by forcing employers to prove with credible evidence that the disciplined employee actually violated a clear "zero tolerance" policy on harassment or threats.

Attorneys Jillian Ryan and Leah Barrault moved closer to a victory for government transparency and Union information requests, thanks to support by the Supervisor of Public Records. The Supervisor is recommending that the AG force the Town of Falmouth to disclose secret drafts to a report about public safety services in the Town.

A neutral arbitrator has agreed with Attorney Tod Cochran and SEIU Local 509 that certain Department of Mental Health employees are entitled to overtime back pay for responding to emergencies while on call. The arbitrator ordered the employer to pay the employees for lost wages as far back as 18 months prior to the filing of the grievance.

Most collective bargaining agreements provide for arbitration, a relatively informal and inexpensive method to resolve disputes between employers and unions. Without final and binding arbitration, the parties are forced to use time-consuming and expensive process of court litigation. (In the private sector, parties arguably could resort to economic weapons, such as strikes and lockouts, if a contract did not contain arbitration or "no strike/lockout" clauses).

A neutral arbitrator agreed that an employer lacked just cause to terminate a 20-year employee for a first-time violation of a workplace violence policy. Attorneys Tod Cochran and James Hykel represented
UFCW Local 791 throughout the arbitration process.