Officer Tyrone Patruno was injured off the job, and then fired when he ran out of his paid time off and his unpaid FMLA leave. The Barre Patrol Officers’ Union, MCOP Local 340, AFL-CIO, was represented by Attorney Leigh Panettiere of Sandulli Grace, P.C. The Arbitrator agreed with the Union’s argument and found that there was a practice of offering light duty to officers injured off the job, and further that there was no justification for the Town to refuse to Patruno’s request for extended unpaid leave to recover from his injury.
The Town appealed the arbitrator’s award, arguing that the arbitrator exceeded his powers by requiring the Town to give more than the three months of leave guaranteed by the Family and Medical Leave Act. The court rejected the Town’s argument (as did the arbitrator) on the basis that the FMLA is a floor of benefits and the parties are free to negotiate a greater benefit in their contract. Patruno was ordered reinstated to light duty pending a doctor’s decision that he is fit for full duty, with back pay to the date his doctor cleared him to work light duty.
Public employers cannot unilaterally impose FMLA policies, because they impact availability of paid and unpaid leave, as well as compensation and job security — all mandatory subjects of bargaining. Based upon this rule of collective bargaining law that was reaffirmed in the Barre case, Sandulli Grace advises its clients to watch for new FMLA policies, and contact their union representative if they believe an employer has imposed a policy without bargaining.
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Leigh Panettiere, who has been a partner at Sandulli Grace, P.C. for six years, has been named Co-Chair of the Boston Bar Association’s Labor and Employment Section for the 2009 – 2011 term. Ms. Panettiere is excited to play a leadership role in the BBA, and to help energize the L&E Section. She hopes to contribute to the BBA’s mission of educating lawyers and encouraging productive professional relationships, goals that benefit Sandulli Grace’s clients by fostering healthy communications between labor and management.
In January 2000, the Chief of Police in the Town of Oxford ordered all police officers to remove their MCOP Union Pins. The Oxford Police Association, MCOP Local 173, filed a prohibited practice charge at the Labor Relations Commission, arguing that the Massachusetts collective bargaining law guaranteed the right to wear a union pin, even for police officers. The case went to hearing in 2001. Leigh Panettiere of Sandulli Grace, P.C., represented MCOP Local 173 in the case. In August 2005, the Labor Relations Commission finally issued its decision, in the Union’s favor (LRC Case No. MUP-2659). The Town of Oxford appealed. On November 14, 2007, the Town withdrew that appeal, officially ending the case. It is now a settled matter of law that police officers in Massachusetts have the right to wear a union pin.
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The Massachusetts Labor Relations Commission appointed a new Chairman effective Monday, August 27, 2007. Michael A. Byrnes, who worked for the past six years as a business agent for the National Conference of Firemen & Oilers, Local 3, SEIU, AFL-CIO, has been appointed to a five-year term at the LRC. Former Chairman John Jesensky is now a commissioner and will serve out his term until 2010. Commissioner Paul O’Neill’s term ends next summer.
Before becoming a union business agent, Mr. Byrnes worked for the Massachusetts Department of Corrections and then the MBTA as a management representative. At the start of his legal career, he worked as an associate at the management-side law firm of Murphy, Hesse, Toomey & Lehane. He was admitted to the bar in 1996, after earning his B.A. from Harvard University and his J.D. from Northeastern University Law School.
On April 3, 2006, Sandulli Grace, P.C. and the Massachusetts Coalition of Police, AFL-CIO, presented their fourth educational seminar forpolice officers in Massachusetts. It was entitled, "Cops Under Attack: Who Protects The Police?" This seminar, which took place at the Sheraton Framingham Hotel, was attended by over 125 police officers from cities and towns all over the Commonwealth.
The seminar began with a presentation on the legal rights of police officers who are targeted in internal affairs investigations, including a panel discussion with Arbitrator Allan W. Drachman, the former Chairman of the Massachusetts Labor Relations Commission, and Attorney Kenneth H. Anderson of Finneran, Bryne & Drechsler, L.L.P., a Boston law firm that specializes in providing criminal defense to police officers. After the panel discussion, Sandulli Grace’s attorneys trained the seminar attendees on how to respond to a request for an investigatory interview which may or may not involve criminal allegations. With the assistance of the attorneys, the seminar attendees then planned for and participated in a mock investigatory interview, and the attorneys gave them feedback on the strengths and weaknesses of their performances. The seminar ended with a reception.
Our next educational seminar will be held in the spring of 2007. Like this year’s seminar, it will feature a hands-on approach to learning about your legal rights, which will prepare you to respond more effectively in all situations. Please plan on joining us.
Feel free to contact us with suggestions for topics.