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Tougher Than Ever To Use Criminal History To Reject Applicant For Employment

© Ekaterina79 | Dreamstime.com The already restrictive Massachusetts law limiting the use of criminal offender record information (“CORI”) in the hiring process has become more restrictive. The “look back” for criminal misdemeanor convictions is now three (3) years instead of five (5), and Employers cannot ask about sealed or expunged records at all. [...]

2019-01-17T15:53:27-05:00January 5th, 2019|Categories: Employment, Uncategorized|

Department of Labor Relations Abuse of Discretion

Failure to Ask Questions Deprived Employer of Discretion To Deny Personal Leave Massachusetts Department of Labor Relations Arbitrator Tim Hatfield arguably substituted his judgement for that of a School Superintendent in finding that a School District violated the collective bargaining agreement by denying a psychologist’s request to use three consecutive personal days. In Spencer-East Brookfield [...]

SJC Issues Important Civil Service Bypass Decisions

HRD's Delegation To Local Appointing Authorities To Issue And Receive Bypass Letters Deemed Permissible, And Flawed Selection Process Not Fatal To Promotion Bypass Decision Ultimately Based On The Merits In two promotion bypass cases decided on September 24, the Supreme Judicial Court (SJC) upheld the streamlined way that bypass letters are issued and made it [...]

When Are Civil Service Assessment Centers Negotiable?

In a Town of Arlington case (41 MLC 272 (2015) recently decided by a hearing officer at the Department of Labor Relations (DLR), the Town was deemed to have an obligation to bargain with the Arlington Police Patrolmen’s Association about its decision to use an assessment center as the tool for ranking candidates for promotion [...]

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