Recent Developments

Some employers apparently think they can dilute the strength of a bargaining unit, and avoid their legal obligations to a union, simply by creating a new title to perform duties or functions long performed by a bargaining unit position. The attached arbitration Award involving the United Steelworkers Local 9427 affirms that regardless of how you name a new position, if it walks like a bargaining unit position and talks like a bargaining unit position, it's a bargaining unit position.

What happens when an employer changes a long-standing past practice that is not covered by the collective bargaining agreement? You can certainly file an unfair labor practice charge with the National Labor Relations Board (NLRB) alleging that the employer failed to bargain in good faith, but sometimes you can also succeed in arbitrating a grievance over the matter.

On May 16, 2023, an arbitrator awarded a solid victory to UFCW, Local 1445 in a case regarding an employee whose transfer to a career-advancing position was unfairly and inappropriately scuttled by her supervisor. The case was argued for the Union by Pyle Rome attorney Al Gordon O'Connell.

Employers know that arbitrators are reluctant to reinstate union employees found to have committed theft, and that is why employers frequently accuse employees of "theft" or fraud" to intimidate unions from challenging the discipline. UNITE HERE Local 26 and Attorney Hykel were not easily intimidated.

A fundamental component of union collective bargaining agreements is a requirement that all discipline be supported by "just cause." As shown by the UNITE HERE Local 26's recent arbitration victory over, just cause includes a requirement that discipline be consistent across employees. Consistency is necessary to ensure that employers do not pick favorites or unfairly target employees even when the discipline is largely the same.

On May 3, 2023, the Commonwealth Employee Relations Board issued a ruling upholding the state regulation that allows unions to block elections -- including decertification elections -- when the employer has committed significant unfair labor practices that might impact the outcome of the election. This case of first impression was successfully argued by Pyle Rome attorney Alex Robertson on behalf of UFCW, Local 1459.

The right of labor unions to have a voice in the working conditions extends to secret monitoring of public employee performance, according to a new decision of the Massachusetts Appeals Court. This decision vindicates an unfair labor practice filed by Attorney Ian O. Russell on behalf of SEIU Local 509.

As with any employees represented by a Union, Boston Police superior officers negotiated various paid leave benefits, such as sick leave, vacation leave and personal leave. The Boston Police Commissioner routinely forces police officers to work when not scheduled, cancels scheduled days off, and attempts to limit their use of paid leave. The schedule of police officers can be subject to the whims of the Police Commissioner, without regard for the need or desire of police officers for adequate time to relax, rest or recreate.

On April 11, 2022, a neutral arbitrator ruled in favor of SEIU, Local 509 and Pyle Rome attorney Ian Russell in a long-simmering dispute relating to the step placement of state workers who are promoted from one position with an educational requirement to another position with a higher educational requirement. 

On April 6, 2022, NLRB Regional Director Laura Sacks issued a ruling clearing the way for a union election among all eligible employees in the Salem, Mass., dispensary of I.N.S.A., Inc.  This is the latest in a long string of wins by Pyle Rome attorney Alex Robertson on behalf of cannabis workers across the state as they flex their organizing muscles.