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SJC Allows Reinstatement of Police Officer Who Made “Intentionally Misleading” But Not False Statements

A fired Pittsfield police officer who made statements in a report that were “intentionally misleading” but not false, was reinstated after the SJC ruled that an arbitrator’s ruling can only be overturned if an officer’s deception leads to false  charges. City of Pittsfield, 2018 WL 4762406 (2018). In this case, the officer was fired for [...]

2019-01-17T15:29:58-05:00November 17th, 2018|Categories: Employment|Tags: , , , |

Commentary on Massachusetts Labor Relations Reporter (Apr-June, 2017)

Massachusetts Labor Relations Reporter Management Commentary By Leo J. Peloquin, Esq. & Joshua R. Coleman, Esq. Collins Loughran & Peloquin, P.C. ARBITRATION AWARDS Settlement Agreement Bars Union’s Claim for Accrual of Vacation Time. In Town of Millbury and Millbury Police Association, 43 MLC 253, Arbitrator James Sunkenberg held the Union’s grievance concerning the accrual of [...]

Commentary on Massachusetts Labor Relations Reporter (Jan-Mar, 2017)

Massachusetts Labor Relations Reporter (April - June 2016 Decisions) Management Commentary By Leo J. Peloquin, Esq. & Joshua R. Coleman, Esq. Collins Loughran & Peloquin, P.C. EMPLOYER BARGAINING OBLIGATIONS Implementation Of Narcan Policy Remains In Place, But Employer Must Bargain Impacts In Town of Natick and Natick Patrol Officers Association, (43 MLC 178), the Hearing Officer, [...]

New Rules At JLMC For Police And Fire Interest Arbitration

The JLMC has issued new rules designed to promote negotiations and, where necessary, expedite arbitrations.  There will be greater scrutiny of petitions filed after minimal bargaining.  The committee may even decline jurisdiction. The issues to be submitted are now due to the JLMC 5-days in advance of the 3A hearing, but the exchange of issues [...]

2018-08-05T16:33:46-04:00September 11th, 2016|Categories: Blog, Employment, MA Labor/DLR|Tags: , , , , |

Arbitrators, Not Courts, To Determine Arbitrability Issue In Teacher Dismissal Case

Whether a dismissed teacher employed by a school district for over five years, but who took two separate maternity leaves during that period, has professional teacher status (PTS) is an issue that must be decided by an arbitrator. Plymouth Public Schools v. Educ. Assoc. of Plymouth & Carver, 89 Mass. App. Ct. 643 (2016). This [...]

Fuzzy Math Made Easy

A Firefighters union proposes a new benefit, night differential, at 2% the first year, then 3% the second year, and 4% the third year of a 3-year contract (the “differential” is to be paid for all hours, daytime too). When the case heads to arbitration, the Union submits a proposal for a 9% night differential [...]

Teachers Challenging Dismissal Limited to Statutory Arbitration, Including Limited Arbitrator Review

A teacher does not have the right to challenge his dismissal under the grievance and arbitration procedure, and just cause standard, in a Teachers collective bargaining agreement (“CBA”). Rather, the appeal is limited to arbitration pursuant to M.G.L. c. 71, section 42, which limits an arbitrator’s ability to overturn a dismissal if the Employer proves [...]

2018-01-08T16:53:23-05:00August 3rd, 2015|Categories: Blog, Education|Tags: , , , |

Impasse Can Be Reached

The recent DLR case City of Boston and SEIU Local 888 (MUP-12-2332) presented the question whether the City had bargained to impasse about a transfer of bargaining unit work (crime scene lighting trucks) from the SEIU to Boston Police Detectives. The City gave the Union four weeks’ notice of its proposed change, met with the [...]

2018-01-08T16:53:24-05:00April 21st, 2015|Categories: Blog, Employment|Tags: , , , |

Court Upholds Firing of Police Officer Who Obstructed Justice

The Appeals Court in Town of Swansea v. Swansea Coalition of Police Local 220, MCOP, affirmed a Superior Court decision vacating an arbitrator’s award which had reduced a police officer’s dismissal to a 90-day suspension.  Arbitrator Arnold Marrow’s award violated public policy because the officer’s conduct as found by the arbitrator constituted a felony. The [...]

SJC Limits Authority of Arbitrator in Teacher Dismissal Cases

In an important victory for Massachusetts school districts and statewide efforts towards increased accountability for educators, the Massachusetts Supreme Judicial Court (“SJC”) has issued a decision which limits the scope of authority granted to an arbitrator under the state’s teacher dismissal statute. School Committee of Lexington v. Zagaeski, 2014 WL 3393541 (July 14, 2014). The [...]

2018-01-08T16:53:26-05:00July 21st, 2014|Categories: Education|Tags: , , , , , |