Recent Developments

3 February, 2014

Following an investigation lasting several months, the Boston office of the National Labor Relations Board has charged CLASS, Inc. of Lawrence, MA with nearly two dozen violations of federal labor law. Attorneys Patrick N. Bryant and Kate Shea represented SEIU Local 509, which was elected in May 2013 by a majority of certain CLASS employees to help them improve their working conditions.

2 February, 2014

The City of Medford Fire Department had a longstanding practice of filling Deputy Chief vacancies by offering it first to the senior captain assigned to the Deputy's group, so long as another Deputy Chief did not accept the shift first. In December 2011, the Chief created an Administrative Captain to fill these Deputy Chief vacancies, which immediately denied all other captains the opportunity to earn out of grade pay.

30 January, 2014

The Massachusetts Appeals Court became the second court to affirm that a teacher, even if unlicensed, remains an employee with collective bargaining and statutory rights unless and until terminated pursuant to the Education Reform Act. Attorney Patrick Bryant, prior to joining Pyle Rome Ehrenberg, PC, successfully represented the Marshfield Education Association and its member at arbitration. John Becker of Sandulli Grace, PC, has successfully defended the arbitration victory in court.

22 January, 2014

The Town of Rockland's attorneys have fought mightily to avoid the statutory process designed to ensure fair collective bargaining for police and fire fighters. Union Attorneys Leah Barrault and Patrick Bryant have so far succeeded in forcing the Town to honor its statutory bargaining obligations to Rockland Fire Fighters IAFF Local 1602. In their latest victory, the Superior Court of Suffolk County rejected the Town's "Emergency Motion" to prevent a scheduled interest arbitration hearing from proceeding.

19 January, 2014

Attorney David Rome successfully persuaded an arbitrator that an employer could not discipline, let alone terminate, employees for violating a rule that the employer never told them about and never enforced. The Arbitrator ordered the employer to reinstate two Certified Nurse Assistants (CNA's), including one with 25 years of experience, and pay them wages lost as a result of the termination, minus interim earnings and unemployment compensation.

22 January, 2014

The Boston Regional Director of National Labor Relations Board dismissed an effort to force an election involving nurses long represented by 1199SEIU United Health Care Workers East. Attorney David Rome successfully represented 1199SEIU in this matter.

8 January, 2014

The Town Manager of Athol burst into the offices of the Department of Labor Relations to participate in an in-person investigation filed by the Athol Fire Fighters, IAFF Local 1751. The Town Manager publicly berated the Union President for declining to meet the day before for settling and for wasting the Town Manager's day off. Attorney Patrick Bryant persuaded the Department of Labor Relations (DLR) to issue a complaint on the above allegations, as the Town Manager's criticism arguably interfered with the Union President's exercise of rights protected by law.

18 December, 2013

The Chief of the Bridgewater Police Department reprimanded and suspended a police officer five days without pay for working more than 16 hours in a 24-hour period and allegedly lying about it. The Civil Service Commission found that the charges were not sustained and ordered the City to reimburse the police officer for lost wages, to pay certain fees associated with the appeal, and to restore the officer to certain special assignments and activities.

23 December, 2013

While the Civil Service Commission ultimately ruled that the City of Salem had just cause to terminate a fire fighter and former union President, the Commission's lengthy decision urges caution to municipal employers and unions making broad accusations about misappropriation of charitable donations.

5 December, 2013

Class action settlements or trusts frequently designate a "Cy Pres" recipient to receive leftover or unclaimed monies. Attorney Tod Cochran recently was involved in designating Immigrant Workers Center Collaborative (IWCC) as a Cy Pres recipient in a wage and hour lawsuit on behalf of 50 factory workers in a marble countertop factory in Central Massachusetts. IWCC is slated to receive approximately $100,000.