Recent Developments

On September 8, 2016, in a case argued by Attorney Al Gordon O'Connell, a Hearing Officer of the Mass. Department of Labor Relations issued a 64-page decision finding that MassDOT retaliated against two members of USW, Local 5696 by denying them promotional opportunities because of their protected union activity and that MassDOT unlawfully transferred work from one bargaining unit to another without bargaining with the Union. The case is another in a line of cases argued and won by Attorney Gordon O'Connell relating to MassDOT's decisions surrounding the 2009 merger of Mass.

A neutral arbitrator agreed with Attorney David Rome and 1199SEIU United Health Care East/Massachusetts that Boston Medical Center improperly classified a worker's absence in order to attend court as unscheduled and unexcused.

It is a basic rule of thumb in labor relations that the Union can enforce plain language in the collective bargaining agreement, even if an employer failed to honor that language for years. A neutral arbitrator agreed with Attorney Patrick Bryant and Waltham Fire Fighters, Local 866 IAFF that the City incorrectly calculated the rank differential for Lieutenants, Captains and Deputy Chiefs and did so in disregard of clear contract language.

Public sector labor unions can seek to ensure that a Civil Service employer acts in accord with Civil Service law, under a new decision of the Superior Court. Attorney James Hykel persuaded a Superior Court judge that it is appropriate for a labor organization to file a claim at the Civil Service Commission on behalf of its members.

Attorney Leah Barrault is fighting a move by the Town of Andover to dramatically increase the health insurance costs of its retirees. Recently, the Town acted to nearly double the percentage of health insurance premiums paid by retirees. The Town has announced plans to increase retiree's share of premiums even more in future years.

An arbitrator agreed with Attorney Ian Russell and that Levy Premium Foodservice violated a collective bargaining agreement when it refused to transfer the most senior banquet server to a coveted work list, by citing inadequate English skills. Language in the parties’ collective bargaining agreement mandated Levy to fill an opening on a particular banquet server list with the next most senior banquet server. The applicable server list has greater access to work additional shifts.

Employees in the private sector generally can be fired at will. These employees generally don't have a right to be told whether they are satisfactory or what will happen if they do not improve. They also don't have a right to have the employer consider their perspective prior to termination. But private-sector employees represented by a union, such as SEIU Local 509, usually have a right to due process.

It sometimes is said that substance is more important than form in labor agreements. To state in language a child can understand, if it walks and talks like a duck, then it's a duck, even if the boss calls it a "Program Supervisor."

That elementary principle was at play in this arbitration, where the City of Boston denied "acting out of grade pay" because it never actually promoted the Grievant on an interim basis and because the new duties were within Grievant's job description.

A neutral arbitrator agreed that a police officer or firefighter cannot be punished for returning to work following a serious injury, such as by denying basic injured-on-duty (IOD) benefits if the injury later forces the employee to seek medical care or leave at a later date.

An independent arbitrator agreed with Attorney Jillian Ryan and UFCW Local 328 that part-time employees working less than the minimum number of hours at Roger Williams University.

The collective bargaining agreement between Local 328 and RWU guarantees a minimum number of weekly hours and benefits to certain part-time regular employees. The contractual benefits enjoyed by regular part-time workers include paid leave and holiday pay based on the amount of hours worked.