Recent Developments

Massachusetts public pensions are funded almost entirely by contributions of employees. Unlike many pensions in the private sector and other public sectors, public employers generally do not match employee contributions. Pensions therefore represent an investment by employees to provide some financial security after retirement. Attorney Patrick Bryant, who recently help protect the pension of a police officer convicted of misdemeanors, explains how public employee pensions can be taken.

A neutral arbitrator agreed with Attorney James Hykel and
IAFF Local S-28 that
the Fire Chief improperly relied upon prior reprimands in suspending a veteran fire fighter for 42 hours. He reduced the suspension to eight (8) hours and ordered that the old reprimands be expunged from the personnel file.

UPDATE - We previously informed you about an unfair labor practice complained issued upon charge of Acton Permanent Fire Fighters, Local 1904, concerning comments and an investigation.

The parties recently settled the matter through assistance of a state
mediator. As a result, the charge and complaint is being dismissed.

Drug testing of Massachusetts public employees represented by a union can be accomplished only if after the employer provides notice and an opportunity to bargain about drug testing, and then bargains in good faith to impasse or resolution. A Hearing Officer of the Department of Labor Relations affirmed that settled principle in a decision issued earlier this summer, which is attached.

Most public employees in Massachusetts have a right to seek benefits under collective bargaining agreements and to discuss their efforts with co-workers. Workers who do so are termed to have engaged in "protected, concerted activity." That means an employer is prohibited from intimidating, discriminating or retaliating against an employee for exercising their rights under a contract or under the law.

On August 24, 2015, the Massachusetts Department of Labor Relations (DLR) issued a formal complaint against the Chelsea School Committee for withdrawing recognition from Local 9427 of the United Steelworkers as the representative of the school nurses and nurses' aides and for changing their conditions of employment without bargaining.

The Appeals Court of Massachusetts upheld the Commonwealth Employment Relations Board's decision that the City of Boston committed an unfair labor practice when it violated a settlement agreement with the Boston Police Superior Officers Federation (BPSOF). Attorneys Ian Russell and Leah Barrault represented the BPSOF at CERB and the Appeals Court. This case establishes that a public employer's "management rights" defense is not a perennial trump card and that the public employer must make these arguments at all levels.

Nearly four years after IAFF Local 1032 filed a grievance, the City of Medford finally agrees to comply with the fire fighters' collective bargaining agreement about filling Deputy Chief vacancies. The case victory underscores the benefits of ceaseless enforcement of a union contract. In February 2014, Attorney Leah Barrault won an arbitration on the grievance. One of the state's most respected arbitrators held that the City improperly filled Deputy Chief overtime with a newly created Administrative Captain position.

Pyle Rome is pleased to announce the opening of our Burlington, Vermont office:

29 Pine Street
Burlington, VT 05401
tel 802.652.5124
fax 802.652.5125

With the opening of this new office in Vermont, in addition to our existing offices in Boston and Northampton, Massachusetts, Pyle Rome becomes the only union-side labor firm with offices in northern and southern New England. We look forward to the opportunity to better serve our clients in northern New England and to grow and strengthen our connections with the labor movement across the entire region.

A neutral arbitrator agreed that certain UFCW Local 791 employees at Shaw's Supermarket are entitled to overtime pay for working Patriots Day.