You may recall from our June 2019 Advisor, that the Department of Labor Relations (DLR) in City of Boston, 45 MLC 126 (2019), issued a hearing officer decision that determined that the City’s new food guidelines for its operations room were not mandatory subjects of bargaining as they resulted in a mere inconvenience to employees. [...]
Beginning January 6, 2020, employers are required to report positive drug results, alcohol test results over 0.04, refusals to test, “actual knowledge” violations, and negative return-to-duty test results to the FMCSA (Federal Motor Carrier Safety Administration) Drug and Alcohol Clearinghouse for employees whose position requires them to possess a Commercial Driver’s License (CDL). In addition, [...]
Overriding a veto, the Massachusetts Legislature recently passed a union-friendly Collective Bargaining Dues Act (“Act”) in response to the 2018 U.S. Supreme Court decision in Janus v. AFSCME. In Janus, the Supreme Court ruled that mandatory union fees on non-members were unconstitutional in the public sector. The Act allows unions to charge non-members reasonable fees [...]
In Town of Mansfield v. Civil Service Commission, the Superior Court concluded that the Commission overstepped its statutory role and made an error of law by applying the wrong legal standard in its review of the bypass decision. The Town argued and the Court agreed that the Commission impermissibly substituted its judgment for that of [...]
FMLA Leave must be designated without delay
In DaPrato v. Massachusetts Water Resources Authority, the Supreme Judicial Court (SJC) upheld a superior court jury verdict and judgment to an employee who was terminated for going on vacation while out on Family Medical Leave Act (FMLA) leave following foot surgery. The decision makes clear that an employer should not automatically presume that an employee [...]
An Employer May Refuse To Bargain Where There Is Ambiguity As To The Identity Of Bargaining Representatives As we continue to see a trend of Unions calling for Union observers to come in and pack the bargaining sessions, Employers should know that, absent ground rules to indicate otherwise, Unions cannot insist on having silent observers [...]
The Department of Labor Relations (DLR) got it right in finding no bargaining obligations where an employer sought to maintain cleanliness at the workplace. In City of Boston, 45 MLC 126 (March 15, 2019), the City implemented new food guidelines in the operations room without prior notice to the Union. The Union filed a charge [...]
In Crawford v, City of Leominster, Officer Crawford was terminated for engaging in insubordination, neglect of duty, and conduct unbecoming an officer. His behavior, which came about after being asked to correct a deficient police report, was captured on camera. The Chief viewed the footage and determined the behavior was also violent and aggressive. The [...]
In Incutto v. Newton Public Schools, 2019 WL 1490132 (2019), a full-time elementary school teacher (Incutto) sued the Newton Public Schools (Newton) under the Americans with Disabilities Act for failing to accommodate her fibromyalgia by denying her requests to work on a part-time basis. Newton moved for summary judgment on the basis that the ability [...]