In Our Opinion..., Labor In The News, Sandulli Grace In The News, Uncategorized

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

Sandulli Grace Staff August 17, 2015

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.

Labor In The News, Sandulli Grace In The News

Appeals Court Affirms Decision of Superior Court Upholding Arbitrator’s Decision Overturning Suspension of Police Officer

Sandulli Grace Staff July 9, 2015

Ever feel like you don’t quite get it? Where something seems so simple, but maybe, just maybe, there’s something you’re missing? Like, in the case of the Waltham Police Contract where it says that a decision of an arbitrator will be “final and binding,” doesn’t that mean that it should be, well, final? Or, binding? Well, unfortunately the City seems to have different definitions for that word, as it continues to challenge the November 2012 decision of Arbitrator Michael Stutz overturning the fifteen day suspension of Officer Paul Tracey. It was a straightforward decision, the arbitrator overturned a suspension finding that the alleged victim was no believable. Couldn’t have been more run of the mill. Unfortunately, the City appealed in true “throw everything at the wall and see if something sticks” fashion.

Back on March 4, 2014, I blogged about how Superior Court Judge S. Jane Haggerty summarily upheld the decision, rejecting all of the City’s arguments (that blog entry is here).

Surprisingly, the City was not done, and appealed Judge Haggerty’s decision to the Appeals Court. Last week, in a summary decision a panel of Appeals Court justices upheld the Superior Court upholding the Arbitrator (you can read the decision here). Similar to the Superior Court, the Panel rejected all of the City’s myriad arguments, concluding “we discern no error in the Superior Court judge’s reasoned decision and conclusions of law in denying the city’s motion for summary judgement.”

The City could still ask the Massachusetts Supreme Judicial Court to consider the case (the SJC could decline to do so). On behalf of the Waltham Police Union, Officer Tracey, the taxpayers of Waltham (who continue to foot the bill for the absurd appeals), myself, and good people everywhere who understand what “final and binding” means, here’s hoping the City decides to simply comply with the award instead.

Download theTracey appeals court decision

In Our Opinion..., Labor In The News

Legal Update: New Changes for Parental Leave

Jennifer Smith
Jennifer Smith April 8, 2015

Many workers in Massachusetts do not qualify to take leave under the Family Medical Leave Act (“FMLA”).[1]  Yet, at the same time, in a country where automatic leave to attend to the birth or adoption of child is rare, millions of employees rely on the FMLA to guarantee that their jobs will be available when they return work.

The Massachusetts Maternity Leave Act (MMLA), applies only to employees working in the Commonwealth, and was designed to fill in some of the FMLA’s coverage gaps for Massachusetts workers. This week new amendments expanded, clarified, and renamed the MMLA, “the Parental Leave Act.”  Besides the snazzy gender neutral name, there are two big changes to the act: Continue reading →

In Our Opinion..., Labor In The News

Social Media Will Ruin Your Whole Life

Jennifer Smith
Jennifer Smith March 10, 2015

An in-depth examination of the career-crushing power of social media in the New York Times Magazine last month, “How One Stupid Tweet Blew Up Justine Sacco’s Life,” (http://nyti.ms/1FC8BfG), illustrates just how fatal off-hand remarks (or ill-advised photos) on social media platforms (Twitter, Facebook, Instagram, Tumblr, Pintrest, Imgur, Yelp, Google+, and so on) can be. Continue reading →

Labor In The News, Sandulli Grace In The News

MassCOP Wins Significant 111f Injury Recurrence Arbitration

Sandulli Grace Staff March 6, 2015

On January 14, 2015, arbitrator Richard Boulanger issued an important injury leave award in favor of the Massachusetts Coalition of Police and its affiliate, the Ipswich Police Association, Local 310.  The arbitrator granted Ipswich Police Officer Aaron Woodworth injury leave for a three month period in 2014 when Officer Woodworth was out of work recovering from Continue reading →

In Our Opinion..., Labor In The News

Right Wing Assault On Unions

Amy Laura Davidson
Amy Laura Davidson January 20, 2015

National Right to Work Foundation (NRTW), a right wing think tank funded by large corporations, is on a mission to obliterate unions and collective bargaining in Massachusetts.  It recently filed unfair labor practice charges against various teachers unions claiming that agency fee and the principle of exclusive representation are unconstitutional under the First Amendment.  Emboldened by the recent Supreme Court decision in Harris v. Quinn, NRTW argues that Continue reading →

In Our Opinion..., Labor In The News

NLRB Uses Dramatic and Novel Penalties to Punish a Flagrant Repeat Offender Employer

Sandulli Grace Staff December 3, 2014

In late October, the National Labor Relations Board (NLRB) issued a groundbreaking decision in the long-running dispute between the Pacific Beach Hotel in Waikiki, Hawaii and the International Longshore and Warehouse Union (ILWU).  In HTH Corporation, Pacific Beach, the NLRB took a new approach to enforcement and put other scofflaw employers on notice that their continued Continue reading →

In Our Opinion..., Labor In The News

New Massachusetts Sick Time Law Explained

Sandulli Grace Staff November 22, 2014

As you know, on November 4, 2014 Massachusetts voters approved ballot question 4 which enacts a new section of MGL c. 149  section 148C and provides for Massachusetts employees to earn and use 40 hours of sick leave in a calendar year.

This new law is effective July 1, 2015.  The law applies to employees of private and public entities with eleven or more employees.  However,  employees employed by cities and towns shall not be considered employees for purposes of this law until this law is accepted by vote of the city or town as a local option or by appropriation as provided for in Article CXV of the Amendments to the Constitution of the Commonwealth.  A local option law for a city must be voted on by the city council in accordance with its charter and in the case of a town by town meeting or town council.

Although most unionized employees already earn sick leave, some benefits of the new law that may not already exist are as follows:

  1. Any and all of the 40 hours of sick leave can be used to care for an employee’s child, spouse, parent or parent of spouse.
  2. The sick leave can be used for both physical and mental illness.
  3. The sick leave can be used for routine medical appointments for the employee or family members.
  4. The sick leave can be used for time needed to address the psychological, physical or legal effects of domestic violence.
  5.  Employees may carry over up to 40 hours of unused sick time to the next calendar year.
  6. An employer may only require medical certification for use of sick time when an earned sick time period covers more than  24 consecutively scheduled work hours and such certification cannot  require that the documentation explain the nature of the illness or the details of the domestic violence.
  7.  It is unlawful for the employer to use the taking of earned sick time as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination or to otherwise discipline an employee for using sick time.

This new law provides minimum benefits and employers can adopt or retain earned sick time policies that are more beneficial than the requirements of this Law.  Sick leave also continues to be subject to collective bargaining.  However, any sick time employment benefit program or plan cannot provide any lesser sick time rights than the rights established under this law.

In Our Opinion..., Labor In The News

A Word on the Election

Sandulli Grace Staff November 3, 2014

Polls open tomorrow to decide who will be the next Governor of Massachusetts.  This year we have a hotly contested race.  We are writing to let you know that we’re voting for Martha Coakley for Governor – and we think you should too!  Attorney General Coakley has been a public servant since 1986.  Her husband is a retired Cambridge Police Officer.  She understands the challenges facing working people and people fighting to survive in the public sector.  The fact that she is a Democrat isn’t enough to recommend her, but her track record advocating for the people of Massachusetts is.  When it comes to your pension and rights at work, I believe Attorney General Coakley will be unbiased and deliberate.

In contrast, Charlie Baker made millions of dollars at Harvard Pilgrim.  In the process, he outsourced jobs from Massachusetts and increased the cost of your healthcare.  Mr. Baker picked our pockets to succeed in business while shipping jobs out.  If given the keys to the Commonwealth he will make the same “tough choices” to eviscerate your pension and underfund the state agencies that protect our rights.

Vote Coakley!

Jamie & Jenni