Recent Developments

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 In light of this decision, the Board has withdrawn the new election rules.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.

Attorneys Leah Barrault and Al Gordon, on behalf of the Boston Police Superior Officers Federation (“Federation") obtained a decision from the Commonwealth Employment Relations Board (“CERB”) affirming a 2011 decision by a Department of Labor Relations hearing officer that the City of Boston unlawfully transferred bargaining unit duties to non-bargaining unit personnel without giving the Federation prior notice or an opportunity to bargain to resolution or impasse.

In two separate decisions handed down last month, Pyle Rome attorney David Rome obtained awards from labor arbitrators overturning the termination of employees in the public school context.

Attorneys Al Gordon and Ian Russell successfully overturned the termination of two Verizon field technicians who were falsely accused of taking credit for work that they didn’t perform. In separate cases regarding two employees who had been working together, Attorneys Gordon and Russell convinced two different arbitration panels that the Company did not have just cause to terminate either employee.

Attorneys Leah Barrault and Ian Russell, on behalf of the Boston Police Superior Officers’ Federation (“Federation”), obtained a decision from the Commonwealth Employment Relations Board (“CERB”) affirming a 2011 finding by a Department of Labor Relations hearing officer that the City of Boston repudiated a settlement agreement with the Federation.

Attorney Al Gordon of Pyle Rome obtained a strong and definitive decision from Arbitrator Michael C. Ryan ordering that FairPoint Communications end its practice of outsourcing certain service representative jobs out of the country and to other regions of the U.S. The win brings dozens of jobs back to the IBEW-represented employees in Maine and prevents the Company from moving jobs outside of the bargaining unit in the future.

Pyle Rome represents a class of exotic dancers in a claim alleging that the defendants have failed to properly classify the plaintiffs as employees within the meaning of the law, have failed, refused or neglected to pay wages and benefits as required by law, and unlawfully demanded certain payments from the plaintiffs. On January 26, 2012, Essex Superior Court Judge Cornetta awarded a pre-judgment security of $3 million dollars following a summary judgment ruling on liability for the independent contractor claim.