Court Decision Reinstating Boston Police Officer Wins Sandulli Grace Press Coverage

Court Decision Reinstating Boston Police Officer Wins Sandulli Grace Press Coverage
The case involved the firing of veteran Boston police officer and BPPA member David Williams for allegedly using excessive force during an arrest. The arbitrator found that Williams had not used excessive force and had acted in compliance with the Police Department’s rules and policies in arresting a belligerent intoxicated citizen in the North End of Boston on the night before St. Patrick’s Day. Specifically, the arbitrator rejected the City’s claim that Williams had used a chokehold on the arrestee.

The City of Boston appealed the arbitrator’s ruling to the Superior Court, arguing that the Boston Police Commissioner had unfettered power under state law to determine when an officer had used excessive force and that arbitrators did not have the power to overturn his disciplinary which upheld the award. Judge Dennis J. Curran in the Superior Court threw out the City’s claims. Instead, the judge agreed with the BPPA and its attorneys that disciplinary actions and the factual underpinnings thereof are subject to review through the grievance and arbitration procedures that the City and the BPPA have collectively bargained. In particular, the findings of a neutral arbitrator selected by the parties on matters of fact, such as whether or not Williams used a chokehold, are sacrosanct, and may not be overturned by a reviewing court.

Judge Curran issued his decision in City of Boston v. BPPA on June 29, 2015. The Boston Globe ran the story on the front page of the Metro section on July 22, 2015 with a picture of David Williams and a quote from Attorney Becker. You can find the link here.
Massachusetts Lawyer’s Weekly ran a front-page article on the case in its July 27, 2015 edition in which Attorney Becker was quoted extensively. The link is here.

One might speculate that the media attention to the Williams case might stem from the chokehold allegation – even though the arbitrator found otherwise – given the press coverage of incidents in New York and elsewhere. Some commentators raised concerns about those incidents because the police officers involved were white and the people they arrested were black. In this case, interestingly, the press did not draw attention to the fact that Williams is black and the person he arrested is white.

Deflategate From A Labor Law Perspective: Sandulli Grace Attorney Nick Pollard In Boston Globe And On WRKO Radio

Sandulli Grace Attorney Nick Pollard was prominently quoted in the August 1st Boston Sunday Globe. Nick was interviewed for a front-page article on New England Patriots’ quarterback Tom Brady’s appeal of the suspension imposed on him by NFL Commissioner Roger Goodell. Brady was suspended by the Commissioner for four games after the NFL found that it was “more probable than not” that Brady was “at least generally aware” that game balls were deflated during last year’s AFC Championship game against the Indianapolis Colts. Nick highlighted the important legal issues surrounding Brady’s appeal and opined that while Brady’s case is fairly strong, he still faces an uphill battle.

Continuing his media tour, Nick appeared on 680AM WRKO’s Boston.com Morning Show where he assessed Brady’s chances. He explained that while there were a number of procedural flaws in the NFL’s handling of Brady’s suspension, the award of an arbitrator interpreting a collective bargaining agreement entitled to a high degree of deference by federal judges. Nick explained how fundamental tenets of labor law such as “the law of the shop” and the requirement of notice come into play in the unique disciplinary system created by the collective bargaining agreement between the NFL and the Players’ Association. Links to the article and the interview can be found below. All and all, Nick did a fine job of explaining the Deflategate controversy from a legal perspective, especially for a Jets fan.