Recent Developments

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 eight-member U.S. Supreme Court split evenly on whether to reverse longstanding precedent allowing unions to charge public employees their fair share of costs associated with collective bargaining. The Court deadlocked on the request to gut public sector unions by business-funded litigants. As a result of the split vote of the Highest Court, the 9th Circuit's Court of Appeals' decision is affirmed. The 9th Circuit's decision affirmed longstanding precedent.

Spurred by a letter from Attorney James Hykel, the Commonwealth's Department of Labor Standards identified multiple unsafe, risky and hazardous conditions in a station of the City of Everett Fire Department.

Police Officer Ferruccio Romeo served the people of Winthrop with distinction for nearly 20 years and as a Union President for nearly a dozen of those years. He was known for being aggressive in his union advocacy and for being truthful in all his dealings with the Town, its officials and its residents. As an attorney, he was familiar with the need for candor and honesty in all facets of his life. He had never been disciplined for any reason.

Several months after laying them off, the City of Fall River conditioned reinstatement of four fire fighters upon a physical examination and a drug test. Drug tests and physical exams are not required in any other situation for fire fighters, including fire fighters on extended leave.

An employer may promise to treat employees fairly and apply a progressive discipline policy. But without a union, employees have little recourse if an employer fails to abide by its own written policy. This case involving a terminated hotel worker illustrates the importance of having a union, especially UNITE HERE Local 26, to ensure the employer keeps its promises.

Boston School Police, despite what the name might suggest, are not armed law enforcement. Although they are charged with protecting the school children and routinely encounter persons carrying dangerous or lethal weapons, Boston School Police carry no weapons.

For many years, School Police Officers were permitted to carry OC Spray, a mild non-lethal weapon that provides some ability to repel physical threats. This device was used sparingly over the years - perhaps only three times in a 15-year period. But, for years, the School Police had no policy governing OC Spray.

An analysis by
Bloomberg BNA
has established that more more workers are voting Union Yes! under new election rules implemented by the National Labor Relations Board. In 2015, the NLRB revised longstanding rules on elections to make it harder for employers drag out an election through costly litigation.

In a unanimous opinion authored by retired U.S. Supreme Court Justice David Souter, a panel of the First Circuit Court of Appeals has dismissed a complaint led by an anti-union group against the right of daycare workers to be represented by SEIU Local 509.

In 2013, Malden fire fighters starting receiving Longevity/Education and EMT stipends in their base pay, instead of in bi-annual lump sums. This change, which included increases to the stipends, also resulted in a long-sought increase by Malden Firefighters Union, Local 902 IAFF in the fire fighter’s hourly rate. However, when a lieutenant retired soon after this change, he only received the pro-rated amount of his stipends.