Recent Developments

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.

An independent arbitrator has overturned the firing of a 25-year hotel employee who was terminated for alleged workplace violence. In this case, the employer, citing a zero tolerance workplace violence policy, terminated a veteran employee following an altercation with another employee's coffee cup. UNITE HERE Local 26, a union that represents hotel and restaurant employees in Massachusetts, grieved the termination.

In an unusual tri-partite (3 party) arbitration, Arbitrator Lawrence Holden has ruled that Boston Medical Center (BMC) violated its agreement with 1199SEIU (Union) when it failed to post vacancies for 1199-represented RNs which arose when it shifted work from the East Newton campus, the part of its facility represented by the Massachusetts Nurses Association (MNA), to the Harrison Avenue Campus, the location represented by 1199.

On May 14, 2012, a federal court in the District of Columbia, in a case called Chamber of Commerce v. NLRB, held that the National Labor Relations Board’s newly implemented representation election rules were invalid because the Board lacked a quorum when it issued the rules after a vote by only two members of the Board. In light of this decision, the Board has withdrawn the new election rules. Accordingly, until further action is taken by the Board, the old election rules will apply to all representation elections.