City of Malden and Malden Firefighters Union, Local 902, MUP-14-3498 (January 8, 2015). The issue is whether the City of Malden (City) has failed to bargain in good faith by not providing the Malden Firefighters Union, Local 902 (Union) with information that is relevant and reasonably necessary for the Union to execute its duties as the exclusive bargaining representative for a group of firefighters employed by the City in violation of Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law).
SUP-12-1829 CERB Decision.pdf file size 1MB
Commonwealth of Massachusetts/SEIU Local 509, SUP-12-1829 CERB Decision (January 16, 2015) Local 509, Service Employees International Union (Union or Local 509) appeals from the remedy that a Department of Labor Relations (DLR) Hearing Officer ordered in a decision holding that the Commonwealth of Massachusetts (Commonwealth or Employer) violated Section 10(a)(1) of M.G.L. c. 150E (the Law) by interfering with, restraining, and coercing employees in the free exercise of their rights under Section 2 of the Law. More specifically, the Union argues that the Hearing Officer erred by ordering only a notice posting and declining to order a make-whole remedy (i.e, revoking the discipline and awarding backpay) when the Department of Children and Families (DCF) suspended Peter MacNeill (MacNeill), a DCF substance abuse coordinator, for statements he made at a grievance hearing.
Medford School Committee and AFSCME Council 93 AFL-CIO, ARB-13-3343 Arbitration Award (January 26, 2015). The issues in this case are: (1) Is the grievance procedurally arbitrable? (2) Did the School Committee violate Article XI, Section 8 of the collective bargaining agreement? (3) If so what shall be the remedy?
Upon review, the arbitrator found that the grievance was procedurally arbitrable as a potential continuing violation by the School Committee. However, the School Committee had not violated Article XI, Section 8 of the collective bargaining agreement because there was no evidence that the School Committee assigned overtime with a purpose to avoid the fair distribution of overtime to bargaining unit members.
City of Boston and Service Employees International Union, Local 888, MUP-12-2332 Hearing Officer Decision (January 26, 2015). The issue in this case is whether the City of Boston (City) transferred bargaining unit work from the Service Employees International Union, Local 888 (SEIU or the Union) to non-unit employees in violation of Section 10(a)(5), and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law). I find that the City did not violate the Law in the manner alleged because the parties reached impasse over the City’s decision to transfer the work and the impacts of that decision on unit members’ terms and conditions of employment.
Southbridge School Committee and Southbridge Education Association, MUP-06-4762 and MUP-07-5010 CERB Decision on Appeal of Hearing Officer’s Decision (January 30, 2015). The Southbridge Education Association (Union) appeals from a Department of Labor Relations (DLR) hearing officer decision dismissing a complaint alleging that the Southbridge School Committee (Employer or School Committee) violated Section 10(a)(4), Section 10(a)(3) and, derivatively, Section 10(a)(1) of M.G. L. c. 150E (the Law) by eliminating Ann Vasey's (Vasey) position as Early Childhood Coordinator (ECC), and constructively discharging her in retaliation for engaging in concerted, protected activity. After reviewing the decision, the parties’ arguments on appeal and relevant portions of the hearing record, the Commonwealth Employment Relations Board (CERB) affirms the Hearing Officer’s decision in its entirety.
Town of Cohasset and Cohasset Permanent Firefighters, Local 2804, I.A.F.F. MUP-12-1495 CERB Decision on Appeal of Hearing Officer’s Decision. The issue before the Commonwealth Employment Relations Board (CERB) is whether the Hearing Officer correctly concluded that the Town of Cohasset (Town or Employer) violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of Chapter 150E (the Law) by transferring bargaining work outside of the bargaining unit represented by the Cohasset Permanent Firefighters, Local 2804 (IAFF (Union). The Employer claims that fire prevention duties have historically been shared between fire chiefs and bargaining unit members and, therefore, the Hearing Officer erred when she held that the Town’s failure to bargain before transferring certain fire prevention duties outside of the unit was a departure from past practice that triggered the City’s duty to bargain. The Employer also contends that enforcement of the Hearing Officer’s order would improperly preclude the fire chief from performing duties authorized under M.G.L. c. 148 and related regulations. For the reasons set forth below, the CERB affirms the Hearing Officer’s decision.