MUP-13-2977 HO Decision  pdf format of MUP-13-2977 HO Decision

City of Somerville and Somerville Police Employees Association, MUP-13-2977 Hearing Officer Decision (July 1, 2015).  The issue is whether the City of Somerville (City) violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of G.L. c. 150E (the Law) when it required station officers in the bargaining unit represented by the Somerville Police Employees Association (Union) to perform the duties of the non-unit, console operator position without first giving the Union prior notice and an opportunity to bargain to resolution or impasse over the decision and its impacts on the station officers’ terms and conditions of employment.  The hearing officer found that while the City did not violate the Law by not bargaining with the Union over the decision, it did violate the law by not bargaining over the impacts of that decision. 

ARB-14-4037 Arbitration Decision & Award  pdf format of ARB-14-4037 Arbitration Decision & Award
file size 1MB

Town of Millbury and Millbury Police Association, Local 128, ARB-14-4037 Arbitration Award (July 13, 2015).  The issues in this case are: (1) Did the Town violate Article VII of the collective bargaining agreement by imposing a 5-day suspension on Officer Frank Pisitelli?  (2) If so what shall be the remedy?

Upon review, the arbitrator found that the Town’s five day suspension was without just cause. The grievant’s conduct on November 21, 2013 was found to be in violation of a police department rule because the Town showed that the grievant was inattentive to his duties and did not take appropriate police action. The grievant had no prior discipline, therefore the suspension was reduced to two days.

MUP-11-1191 HO Decision  pdf format of MUP-11-1191 HO Decision

Boston School Committee and James W. Kelley, MUP-11-1191 Hearing Officer Decision (July 13, 2015). The issue in this case is whether the Boston School Committee (Employer or School Committee) violated Section 10(a)(3), and, derivatively Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) by retaliating against James W. Kelley (Kelley or Charging Party).  I find that the Employer did not violate the Law in the manner alleged.

ARB-15-4462 Expedited Decision & Award  pdf format of ARB-15-4462 Expedited Decision & Award

Leicester School Committee and International Union of Public Employees, ARB-15-4462, Expedited Arbitration Award (July 15, 2015) The issue in this expedited arbitration is: Whether the School Committee violated the collective bargaining agreement when it placed Darlene Day (Day) at Step I of the cafeteria managers’ schedule upon her promotion from cafeteria worker to cafeteria manager?  If so, what shall be the remedy?

Prior to her promotion, Day was at the top step (Super Step) of the cafeteria workers’ salary schedule.  To receive Super Step status as a cafeteria manager, Day must satisfy two preconditions. She satisfied the first precondition with her twenty-seven years of service, but she did not satisfy the second precondition because she has not reached the top step of the cafeteria managers’ salary schedule.  Until both preconditions are met, Day is not eligible for the cafeteria managers’ Super Step.

MUP-13-3023 HO Decision  pdf format of MUP-13-3023 HO Decision
file size 2MB

City of Boston and Boston Police Superior Officers Federation, MUP-13-3023 Hearing Officer Decision (July 28, 2015).  The issue in this case is whether the City of Boston (City) violated Section 10(a)(5) and, derivatively Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) by failing to provide in a timely manner requested information that was relevant and reasonably necessary to the Boston Police Superior Officers Federation (Federation) in its role as exclusive bargaining representative. 

MUP-14-3539 HO Decision  pdf format of MUP-14-3539 HO Decision

Lynn School Committee and American Federation of State, County, and Municipal Employees Council 93, AFL-CIO. MUP-14-3539, Hearing Officer Decision (July 28, 2015). The issue in this case is whether the Lynn School Committee (School Committee) 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 when it required Jane Doe to submit to drug testing without first giving the American Federation of State, County, and Municipal Employees, Council 93, AFL-CIO (Union) prior notice and an opportunity to bargain to resolution or impasse over the decision and the impacts of that decision on employees’ terms and conditions of employment.

ARB-14-3826 Arbitration Decision and Award  pdf format of ARB-14-3826 Arbitration Decision and Award

City of Pittsfield and Pittsfield Supervisory and Professional Employees Association, ARB-14-3826 Arbitration Award (July 29, 2015).   The issue in this case was: (1) Did the City the collective bargaining agreement by denying the June 27, 2014 vacation request of Donna Guzzo?   (2) If so what shall be the remedy?

Upon review, the arbitrator found that the City in violation of the collective bargaining agreement. The City applied an improper standard in deciding to deny the grievant’s vacation request.  However, the grievant was not entitled to an extra vacation day as compensation for this error by the City.

SUP-10-5606 CERB Decision on Appeal  pdf format of SUP-10-5606 CERB Decision on Appeal

Commonwealth of Massachusetts, Secretary of Administration & Finance and AFSCME, Council 93, AFL-CIO, SUP-10-5606 CERB Decision (July 31, 2015)  The charge and complaint in this matter alleged that the employer had laid off an employee in violation of Sections 10(a)(3) and (4) of the Law.  The Hearing Officer dismissed the layoff allegations but found that the employer violated the Law when it issued three reprimands in 2009 and 2010 in retaliation for the employee participating in DLR proceedings and engaging in protected, concerted activities.  None of the reprimands had been alleged as separate violations in the prohibited practice charge or complaint.  Two of the reprimands occurred more than six months before the charge was filed.  The employer appealed, arguing, among other things, that the reprimands had not been fully litigated and that two of the reprimands were untimely.  The union argued that the matters had been fully litigated and that the employer had waived its right to raise timeliness as a defense by not raising it during the hearing.  The CERB found that because the employer did not have notice until the decision issued that the untimely reprimands were going to treated as distinct violations, it did not waive its right to raise timeliness as an affirmative defense.  The CERB further found that the third reprimand had not been fully litigated because it was not alleged in the complaint, the parties’ post-hearing briefs did not establish that they were on notice that this reprimand would be treated as a separate violation and the Hearing Officer’s statements and evidentiary rulings left questions concerning the scope of the hearing.  The CERB therefore reversed the Hearing Officer’s decision on procedural grounds.

CAS-14-3412, CERB Decision  pdf format of CAS-14-3412, CERB Decision

City of Boston, Boston Public Library and Boston Public Library Professional Staff Association and AFSCME, Local 1526, Council 93, AFL-CIO, CAS-14-3412  Decision (July 31, 2015) The CERB decided this case in the first instance.  The issue presented was whether the position of Training Coordinator at the City of Boston Public Library should be accreted into the Boston Public Library Professional Staff Association’s (PSA) bargaining unit or remain in the bargaining unit represented by AFSCME, Local 1526, Council 93, AFL-CIO (AFSCME).  The CERB found that the Training Coordinator shared a community of interest with both bargaining units based on work contact and job duties, particularly technology training duties.  It concluded that the Training Coordinator shared a greater community of interest with AFSCME’s unit because it was a non-professional title that required only a high school degree.