ARBITRATOR RULES WORCESTER COUNTY SHIERIFF DISCRIMINATED AGAINST NEPBA LOCAL 550 E-BOARD MEMBER BASED ON HIS UNION POSITION
An independent arbitrator has ruled that the Worcester County Sheriff did discriminate against a NEPBA Local 550 official by not promoting him to Sergeant based solely on his union activity. The arbitrator has instructed the Worcester County Sheriff to promote the officer retroactively to January 4, 2015, with all benefits, rights and privileges. Moreover, the officer will be made whole for the loss of earnings suffered because of the denial.
Local 550 President Justin O’Toole, states “Another great win by NEPBA Attorney Gary Nolan in defending our member’s rights. Our local has been diligently trying to work with the sheriff, but when his administration blatantly discriminates against one of our local’s officials it’s most assuredly a setback in relations.”
NEPBA Executive Director Jerry Flynn stated, “The NEPBA will not tolerate our members being discrimination against simply because of their union activity; we defend all our members rights under M.G.L. 150E and we are further disappointed a quality candidate was denied a promotion because he defended his members rights as an elected official.” Flynn further stated, “We have worked very hard to improve labor relations with the Worcester County Sheriff Office; but the High Sheriff needs to be an active participant in the selection process for all promotions and not simply sit on the sidelines as members of this command staff make life changing decisions that impact our members and their families.”
NEPBA has ascertained information that the Worcester Sheriff has decided to appeal this case to the Superior Court using an outside legal firm that will cost tax payers thousands of dollars. Flynn ended his remarks by stating, “The NEPBA urges the Sheriff to reconsider his decision based on the exorbitant cost to taxpayers and the remote possibility of a reversal of law by the superior court. However, NEPBA will not sit idle and we will fiercely defend our members with immediate legal action.”
As a result of contract negotiations NEPBA and the Worcester Sheriff have agreed to the use of independent arbitrators to settle disputes. Despite both parties agreeing to the use of independent arbitrators the Sheriff’s administration has cried foul and ridiculed the process on several of their high profile losses. NEPBA feels the Sheriff would be better served if his administration would spend more time adhering to the contract and less time complaining about lost arbitrations. The New England PBA legal staff has a long and distinguished history of favorable rulings by the Civil Service Commission and independent arbiters, as well as at the district and superior court level.
Read the entire case here. Award