Town of Hull and AFSCME Council 93, ARB-12-1820 Arbitration Award (September 3, 2014). The issue is whether the Town of Hull violated its collective bargaining agreement with AFSCME, Council 93 when it appointed Christopher Gardner to the position of Working Foreman over more senior employees. Article VII specifically states that the Town is not required to appoint the most senior applicant qualified for the Working Foreman position and may make the appointment bases solely on the applicant’s qualifications and experience as determined by the Town Manager and DPW Director. I find that the Town did not violate the collective bargaining agreement and deny the grievance.
Town of Agawam and Agawam Police Patrolmen’s Association, ARB-12-2503 Arbitration Award (September 18, 2014). The issue in this case is: Is there just cause for the termination of Danielle Petrangelo?
The Town must have confidence that the officers that it trains and places on the streets are not going to be a safety threat to the public, their fellow officers, or themselves. Petrangelo’s failure to follow the Town’s policies regarding the use of deadly force, and her admitted failure to follow some of the basic firearm safety guidelines, which she admits she was taught during her police academy training, calls into question her ability to safely perform her duties as a patrol officer for the Town of Agawam. I find that the Town had just cause and deny the grievance.
Town of Dracut and AFSCME Council 93 AFL-CIO, ARB-13-3051 Arbitration Award (September 26, 2014). The issue in this case is: Whether the Town violated the collective bargaining agreement when it promoted Leo Caron to the position of truck driver? The clear and unambiguous language of the collective bargaining agreement permits the Department Head to judge qualifications in promotional situations. Upon review, the arbitrator found that the process and the promotional criteria, used were proper. Thus, the Town did not violate the collective bargaining agreement when it promoted Caron to the position of Truck Driver and the grievance is denied.
CAS-13-2905 CERB Decision file size 1MB
BOARD OF HIGHER EDUCATION AND AFSCME COUNCIL 93, AFL-CIO AND ASSOCIATION OF PROFESSIONAL ADMINISTRATORS, MTA/NEA CAS-13-2905 CERB DECISION (September 23, 2014). The issue presented in this case is whether the position of staff assistant medical biller and coder/revenue cycle specialist (medical biller/coder) at Salem State University (University) should be accreted into AFSCME’s clerical and technical bargaining unit or should remain in the Association of Professional Administrators’/MTA/NEA (APA) bargaining unit. Upon review of the facts before us, we conclude that the medical biller/coder shares a greater community of interest with AFSCME’s clerical and technical unit than the APA unit, and thus, we accrete the position into AFSCME’s unit.
City of Newburyport and AFSCME Council 93, CAS-13-3101 CERB Decision (September 12, 2014). The issue presented in this case is whether the Executive Assistant to the Fire Chief is a confidential employee within the meaning of Section 1 of M.G.L. c.150E (the Law) who should be excluded from the bargaining unit that AFSCME, Council 93, AFL-CIO (Union or AFSCME) represents in the City of Newburyport (City). We conclude that the disputed title is a confidential employee within the meaning of the Law, and, consequently, we dismiss the Union’s petition.
MUP-12-2093 H.O. Decision file size 1MB
Town of Chelmsford and Chelmsford Firefighters, Local 1839 MUP-12-2093 Hearing Officer Decision (September 23, 2014). The issues are whether the Town of Chelmsford (Town or Employer) violated Sections 10(a)(3) and, derivatively, 10(a)(1) of Massachusetts General Laws Chapter 150E (the Law) by retaliating against Firefighter John Kivlan (Kivlan) for his protected union activity when Chief Michael Curran (Curran) issued him a verbal reprimand in January, 2012 and subsequently failed to promote him to permanent fire captain. In addition, the Town is alleged to have independently violated Section 10(a)(1) by interfering with, restraining, or coercing Kivlan in the exercise of his rights under the Law by threatening further discipline when he sought written clarification of the basis of Curran’s reprimand. Based on the record and for the reasons explained below, I conclude that the Town violated Section 10(a)(3) of the Law in the manner alleged when it verbally reprimanded and failed to promote Kivlan, but did not independently violate Section 10(a)(1) of the Law.
COMMMONWEALTH OF MASSACHUSETTS/COMMINSSIONER OF ADMINISTRATION AND FINANCE AND COALITION OF PUBLIC SAFETY SUP-10-5593 CERB DECISION (September 30, 2014). The Board upheld a Hearing Officer decision holding that the Commonwealth of Massachusetts, acting through the Commissioner of Administration and Finance (Commonwealth), violated its duty to bargain in good faith by failing to support the cost items contained in a three-year collective bargaining agreement (CBA) that it entered into with the Coalition of Public Safety in 2009. The Board agreed with the Hearing Officer that a letter that the Secretary of Administration and Finance wrote to the Legislature asking it to consider funding the CBA failed to meet the standards of unconditional support required under Section 7(b) of M.G.L. c. 150E (the Law). The Board also agreed that the Commonwealth should be held to the same standards of unconditional support as other public employers covered under Section 7(b). The Board upheld the Hearing Officer’s remedy requiring the Commonwealth to re-submit the appropriation request to the Legislature and to take all appropriate steps to support the CBA.
Suffolk County Sheriff’s Department and AFSCME Council 93, SUP-12-2354 Hearing Officers’s Decision and Order (September 10, 2014). The issue in this case is whether the Suffolk County Sheriff’s Department (Department or Employer) violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) by failing to bargain in good faith with the American Federation of State, County and Municipal Employees, Council 93, Local 3967 (Local 3967 or Union) by: (1) repudiating Article X of the parties’ collective bargaining agreement (Agreement) and requiring unit members to work 8.5 hour shifts with an unpaid 30 minute meal break, effective August 4, 2012; and, (2) by increasing unit members’ work hours without first providing the Union with notice and an opportunity to bargain to resolution or impasse over the decision and the impacts of the decision.
 The Complaint alleged a violation of the parties’ 2012-2014 Agreement, which “did not alter the terms of the [the] 2009-2012” Agreement. However, neither party submitted into evidence a copy of the 2012-2014 Agreement.
SUP-12-2357 H.O. Decision file size 1MB
Commonwealth of Massachusetts, Secretary of Administration and Finance, Department of Public Safety and Massachusetts Organization of State Engineers and Scientists, SUP-12-2357 Hearing Officer Decision and Order. (September 26, 2014). The issue is whether the Commonwealth of Massachusetts (Commonwealth or Employer), Secretary of Administration and Finance, Department of Public Safety (DPS or Department) terminated Joseph Pineyro (Pineyro) in retaliation for engaging in protected, concerted activity in violation of Section 10(a)(3) and derivatively Section 10(a)(1) of Massachusetts General Laws Chapter 150E (the Law). I find that the Commonwealth did not violate the Law when it terminated Pineyro.