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Arbitration Award – Clear Language Trumps Longstanding Practice

by Sandulli Grace Staff | Feb 26, 2007 | In Our Opinion...

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)...

Court Rejects Employer Efforts To Overturn Union Arbitration Victories

by Sandulli Grace Staff | Feb 16, 2007 | In Our Opinion...

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...

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

by Sandulli Grace Staff | Feb 16, 2007 | In Our Opinion...

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

by Sandulli Grace Staff | Feb 16, 2007 | In Our Opinion...

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...

Massachusetts Civil Service Commission Powers Diminished

by Sandulli Grace Staff | Jan 18, 2007 | In Our Opinion...

SJC Reinstates Excessive Punishment For Employee MisconductEmployees Punished For Asserting Right To Remain SilentIn December, the Supreme Judicial Court severely narrowed the ability of employees to obtain meaningful relief from the Massachusetts Civil Service...
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