Recent Developments

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.

In April 2009, the City of Attleboro terminated an injured firefighter because it claimed that surveillance video showed that he was not as disabled as he claimed and could have, despite his claims, returned to work. The fire fighter had suffered two serious injuries in the line of duty that disabled him from working as a firefighter. He went through three medical procedures and was in the midst of participating in a work hardening program so he could hopefully return to work.

For at least 15 years, the Town of Andover has responded to first alarms in a consistent manner: first recalling all off-duty Andover Fire Fighters, and, as necessary, using fire departments from other towns under the concept of “mutual aid” to supplement the response. Andover fire fighters have been the principal responders for first and second alarms. The collective bargaining agreement between the Town and Local 1658, IAFF recognized that bargaining unit work is performed by Local 1658 members only.

In O’Neill v. School Committee of N. Brookfield, the SJC confirmed that a City, Town or School Committee cannot escape promises it made to provide postretirement benefits to a former public employee.

In January 2013, an independent Arbitrator agreed with Local 791, International Association of Firefighters, that the City of Woburn violated the collective bargaining agreement when it stopped a decades-old practice allowing firefighters to accumulate personal leave. Leah M. Barrault, a partner of Pyle Rome Ehrenberg, PC, successfully represented the Association.

On January 18, 2013, the Massachusetts Appeals Court released three decisions that dealt with state law that forfeits certain pension rights for public employee who engaged in criminal acts. All three cases dealt with the particular section of the law that compels the forfeiture of a retirement allowance if the employee is convicted of a crime related to his or her office or position. In two cases, the Court found the crimes committed were related to the public employee’s position, whereas in one case, the Court found that it did not.