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 [...]
It was a windfall for Police Officers and Firefighters in the most recent session of the State Legislature and it came at the expense of Employers and consistency in the law. In our September Advisor, we told you about the law taking effect October 22 under which a Firefighter will get the benefit of the cancer presumption--something previously only [...]
In City of Boston v. Boston Police Patrolmen’s Association (SJC Docket 12077) (July 12, 2017), the Supreme Judicial Court denied the City’s motion to vacate an arbitrator’s award reinstating Boston police officer David Williams. In March 2009, Williams applied a chokehold to arrest an unarmed intoxicated suspect, Michael O’Brien, for disorderly conduct, without any prior verbal [...]
Employers with random drug testing policies, that rely on a positive hair test result alone to meet the Civil Service “just cause” standard for disciplining an employee, need to take particular note of a recent Appeals Court decision upholding the Civil Service Commission’s decision to overturn the dismissal of six Boston police officers, and sustain the [...]
In Starr v. Town of Medfield (December 22, 2016), the Civil Service Commission upheld the bypass of a police officer based on evidence that he smoked tobacco products during the application process. Massachusetts prohibits its public safety employees from smoking on or off the job. The decision rejected the appellant's reliance on the HRD's Personnel [...]
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 [...]
In City of Woburn, a Department of Labor Relations (DLR) arbitration decision, a DLR arbitrator upheld the four month suspension of a police officer for deliberate violation of an order to stay away from his girlfriend, who was facing trial for distribution of oxycodone. But, the Mayor’s order that the officer apologize to the Mayor [...]
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 [...]