Recent Developments

The Courtyard Marriott of South Boston terminated a housekeeper/room attendant represented by UNITE HERE Local 26 because she made a short cell phone video of a co-worker. The Grievant was recording the co-worker's violation of a work rule, in order to show that Hotel was not uniformly enforcing its policies.

A hearing officer of the state labor relations agency has ruled that Chicopee Firefighters, Local 1710 IAFF, a Pyle Rome Ehrenberg, PC client, did not violate its duty of fair representation when it informed the Fire Chief that a bargaining unit member allegedly engaged in misconduct. Attorney David Rome represented the Chicopee Firefighters at the Department of Labor Relations.

U.S. District Court judge Nathaniel Gorton has dismissed claims brought by three terminated employees against their Union, UNITE HERE, Local 26. The discharged employees claimed that the Local 26 violated the duty of fair representation (DFR) toward them.

An independent arbitrator agreed with UNITE HERE Local 26, represented by Attorney Patrick Bryant, that a terminated hotel employee was entitled to the union contract's requirement of just cause for discipline.

A Federal Judge in Massachusetts recently dismissed claims under the First Amendment, Massachusetts whistleblower law, and tort law brought by a member of the Cotuit Permanent Fire Fighters, Local 3462. The case, if upheld on appeal, is a cautious reminder that the First Amendment does not provide public employees with absolute protection against adverse employment actions based upon their exercise of free speech. Plus, it cautions that not every negative action that occurs after lawful activity by an employee can support a legal claim.

It is often said that employers can terminate at-will employees for a good reason, a bad reason, or no reason at all, even when such an action relies upon dubious allegations, unfair process, or inconsistent treatment. A union can provide a strong defense against arbitrary actions of employers, as shown by the recent victory of SEIU Local 1199 United Healthcare Workers East.

In O'Brien v. NEPBA, Local 911

The Massachusetts Wage Act, Chapter 149, Section 148, requires an employer to pay all outstanding wages, including vacation pay, on the same day it terminates an employee. In Dixon v. City of Malden, the City terminated an employee after nearly 25 years of service, but failed to pay him his accrued vacation leave on the date of termination. The City continued him on the payroll for three more months, but never claimed that the payments were in lieu of accrued 50 days of vacation.

On behalf of 1199SEIU, United Healthcare Workers East, Attorney Terence Coles persuaded an arbitrator that the North Adams Regional Hospital's termination of an employee was without just cause and therefore violated the collective bargaining agreement. The Arbitrator, as is customary, ordered the Hospital to back certain lost wages and reinstate the employee to his previous position.

The collective bargaining agreement between the City of Boston and Salaried Employees of North America (SENA), Local 9158 of the United Steelworkers permits the City to be the sole decisionmaker on certain promotions.