Recent Developments

Employers love to claim that a grievance is untimely, even if the challenge is just one day beyond what the employer views as the deadline. A dismissal for untimeliness means that the decisionmaker never has to consider the merits of a party's appeal. Attorneys Leah Barrault and Ian Russell persuaded the Appeals Court that timeliness also applies to Employer attacks on union victories.

As part of a duty to bargain in good faith, public employers must provide information relevant for unions to negotiate a contract. Attorney Leah Barrault persuaded the Massachusetts Department of Labor Relations (DLR) that the City of Waltham must answer for its refusal to disclose raises given to other city employees. The DLR issued a complaint Friday alleging that the City has violated its obligations under Massachusetts law.

A Massachusetts civil service employee is entitled to a hearing prior to being suspended or terminated. This right is reflected in General Laws Chapter 31, Section 41. Nearly all city employees and many police officers and fire fighters employed by towns are protected by civil service. Section 41 guarantees that an employee facing discipline will receive notice and an explanation of the charges prior to the hearing and an opportunity at a hearing to respond personally or through counsel to the charges.

Adjunct faculty at Bentley University overwhelmingly voted “Union Yes” casting their ballots to join Service Employees International Union (SEIU) Local 509 and its Faculty Forward project. Attorney Patrick Bryant advised and represented Local 509 throughout the organizing drive.

Where a union negotiates a term or benefit in a a collective bargaining agreement, an employer generally cannot change that benefit or even force a union to discuss a change prior to negotiations for a new contract. This rule promotes stability in labor relations, by preventing an employer from forcing a union to keep negotiating terms of employment.

A recent Civil Service Commission decision affirms why Massachusetts police officers commit a "cardinal sin" when being deliberately untruthful about critical facts related to law enforcement. In the attached case, a 17-year police officer for the Town of West Bridgewater was fired for a pattern of perjury, lying, harassment, and conduct unbecoming a police officer.

By a two-to-one margin, full-time lecturers at Tufts University, who are not tenure track, voted overwhelmingly to form their union today, casting ballots to join Faculty Forward and Service Employees International Union (SEIU) Local 509. The victory is the second one within a week for Local 509's Faculty Forward initiative, following recent election by part-time adjuncts at Boston University. Attorney Patrick Bryant advised Local 509 throughout the organizing and election process, as he has for all major higher education organizing initiatives in Boston by SEIU and Local 509.

Boston University adjunct professors voted to form their union by an overwhelming 2-to-1 margin, casting ballots to join Faculty Forward – a project of Service Employees International Union (SEIU) Local 509. Pyle Rome Ehrenberg, PC Attorneys Patrick Bryant, Kate Shea David Rome provided legal advice to the organizing effort.

The Commonwealth of Massachusetts has long treated police officer and fire fighters differently from other public employees in terms of where they may live. For decades, state law has forced police officers and fire fighters to live within 15 miles of their employer. Police officers and fire fighters who work in civil service communities -- which include all Massachusetts Cities and many towns -- arguably faced even tighter restrictions. Civil service police and fire arguably must live within 10 miles of their employer and also within the Commonwealth.

The Commonwealth Employment Relations Board
agreed with Attorneys Kate Shea and James Hykel that a SEIU Local 509 member must be made whole for a three-day suspension issued in violation of state law.