NEPBA Secures Landmark Arbitration Victory on COVID Religious Exemptions
Jul 2, 2025
On June 30, 2025, NEPBA Local 200, the Captains Union of the Massachusetts Department of Correction, received a favorable arbitration award on behalf of Captain Kevin Whippen. Represented by Attorney Thomas Horgan, the Union successfully challenged the Department’s decision to suspend and ultimately terminate the Captain for failing to comply with Executive Order 595 (COVID-19 vaccine mandate).
In 2021, the Commonwealth required executive branch employees to be vaccinated or obtain a religious or medical exemption. Captain Whippen, a 30-year DOC veteran with no prior disciplinary history with the Department, submitted a religious exemption request based on his Christian beliefs opposing the use of aborted fetal cell lines in vaccine development. The DOC denied his request and imposed progressive discipline without engaging in a meaningful interactive process or considering reasonable accommodations.
The arbitrator found that Captain Whippen’s religious beliefs were sincere; that the DOC failed to meet its obligations under the collective bargaining agreement, Title VII, and M.G.L. c. 151B; and that it did not consider feasible accommodations such as reassignment to administrative duties.
The award orders Captain Whippen’s immediate reinstatement to his position at MCI Concord, full back pay, restoration of benefits and seniority, and expungement of all related disciplinary records. The arbitrator retained jurisdiction for 30 days to resolve any remedial issues.
