Recent Developments

Attorney Patrick Bryant persuaded a neutral arbitrator that
SEIU Local 509 has a right to protect a probationary teacher from unlawful discrimination. Many collective bargaining agreements guarantee that permanent employees are protected from discipline or discharge that is not supported by "just cause." At the same time, many of these same agreements provide no such guarantee for probationary employees.

Following an investigation, the Department of Labor Relations today issued a complaint alleging that the Town of Scituate violated its legal obligations to Scituate Firefighters Union, Local 1464 by unilaterally adding components to Lieutenant promotional process. Attorney Patrick Bryant represented Local 1464 during the DLR investigation.

Attorney Tod Cochran persuaded an arbitrator that Shaw's transfer of maintenance work to outside contractors violated the collective bargaining agreement with UFCW Local 791. The Arbitrator rejected the grocer's contention that the transfer was an “elimination of a function” or a managerial prerogative permitted by the contract. He instead agreed that the wholesale transfer was a layoff for purposes of the contractual requirement that Shaw's demonstrate a lack of work before pursuing a layoff.

Attorney Patrick Bryant persuaded the Boston Regional Office of the National Labor Relations Board that "Temporary Faculty" should be included in a proposed faculty bargaining unit at Lesley University. Last year, part-time adjuncts voted overwhelmingly to form a union to improve their working conditions. Now, Faculty Forward of SEIU Local 509 seeks to build on that success by organizing Lesley's full-time and part-time faculty, who are sometimes referred to as "core faculty."

A hearing officer of the Department of Labor Relations agreed with Attorney Jillian Ryan that the City of Haverhill unlawfully changed how fire fighters comply with the state ethics law. This case is an important reminder that obligations imposed by state law on municipalities do not relieve these public employers from negotiating with unions about how to comply with the law. Attorney Ryan represented Haverhill Fire fighters Local 1011, IAFF in this unfair labor practice proceeeding.

On March 27, 2015, the Vermont Supreme Court upheld a Vermont Labor Relations Board decision rejecting an untimely election petition filed by the New England Police Benevolent Association (NEPBA) that sought to raid a portion of the statewide Non-Management Bargaining Unit represented by the Vermont State Employees Association (VSEA). The case was argued in the Supreme Court by Attorney Al Gordon O'Connell, and the Court adopted Attorney Gordon's rationales in its opinion.

Attorney Jillian Ryan persuaded a neutral arbitrator that a local hotel lacked just cause to terminate a 24-year hotel kitchen cleaner or issue a final warning for two separate incidents involved alleged insubordination. The victory for UNITE HERE Local 26 demonstrates why a union contract is indispensable to protecting against arbitrary or baseless discipline.

Here we discuss a few developments of particular interest toward our public safety union clients.

Attorney Terry Coles persuaded an independent arbitrator that an employee represented by UFCW Local 1459was wrongfully terminated for violating an Employer's zero tolerance drug testing policy. The Union and the Employer negotiated contract language that provided for random drug testing of employees. The policy originally offered rehabilitation to employees who tested positive. The parties later agreed to remove the drug testing language from the contract and let the matter be controlled by an Employer policy.

On March 10, 2015, the NLRB issued a ruling in a nearly seven-year-old unfair labor practice case filed by Local 2324 of the International Brotherhood of Electrical Workers and litigated by Attorney Alfred Gordon O'Connell, finding that Verizon violated the rights of employees to put Union signs in their cars on Company property. In so holding, the Board determined that an arbitrator's contrary decision was "repugnant" to the National Labor Relations Act even under the old more permissive deferral standards for arbitral awards.