Archive for February, 2007

Arbitration Award - Clear Language Trumps Longstanding Practice

Monday, February 26th, 2007 by Amy Laura Davidson

In this Brockton Arbitration Award the arbitrator enforced contractual language notwithstanding a twelve year contrary past practice.

The grievance challenged the City’s twelve-year practice of compensating Animal Control Officers for overtime based upon a forty (40) hour work week rather than…

Court Rejects Employer Efforts To Overturn Union Arbitration Victories

Friday, February 16th, 2007 by Patrick Bryant

In two recent cases, the Massachusetts Appeals Court has flatly rejected efforts by public employers to overturn arbitrator awards in favor of unions representing criminal justice system employees.

It is a basic principle of Massachusetts labor law that courts generally…

“Lies” or “Misstatements” By Law Enforcement Officers Do Not Require Termination

Friday, February 16th, 2007 by Patrick Bryant

Many police chiefs and public employers have misinterpreted the DiSciullo decision (perhaps willfully) to claim that they must fire law enforcement officers who make any lie or misstatement. A recent decision shows that once again, public employers have it wrong.
In…

Arbitrator’s Interpretation of Contract, Even If Wrong, Must Be Upheld

Friday, February 16th, 2007 by Patrick Bryant

In another case involving the Suffolk County Sheriff, Sheriff of Suffolk County v. AFSCME Council 93 (Feb. 13, 2007), the Massachusetts Appeals Court rejected another effort to void a public employer’s attack on an arbitrator’s award of reinstatement.
This case dealt…