DLR Issues Complaint against Town of Chelmsford for bad faith conduct in JLMC proceeding - alleges unlawful cooperation with arbitration panel member

After an exhaustive investigation by the NEPBA and Chelmsford Police Superior Officer's Union, the DLR found probable cause that the town violated a multitude of labor laws, including unlawful cooperation with a JLMC panel member during confidential arbitration deliberations. The DLR also charged the town with making misrepresentations to the elected Town Meeting reps. when presenting the JLMC award.

The union's investigation consisted of in-depth public records requests that produced indisputable evidence supporting its complaints, including email correspondence between the Town and the cooperating JLMC panel member, all of which can be read below.

The DLR finding and the Union's Complaint are attached here. You can also read the media coverage in our In-the-News page.

Read DLR Finding here

Read Union's Complaint and Exhibits here

NP fights for Female Firefighter - top ranked by independent Assessment Center, but skipped for promotion in favor of lower ranked male

Civil Service chiefs these days are pushing for independent assessment centers to replace the traditional civil service promotion test. They claim that the independent, in-depth panels produce the very best candidates for promotion. The City of Methuen employs about 100 sworn firefighters, only 3 of whom are women. No female firefighter is currently above the rank of private. No female has ever served as a Captain in the city's history.

Tracy Blanchette is a 25 year veteran firefighter. She is a former firefighter of the year, has a file full of advanced training and certifications and no discipline. Recently, the Methuen Chief pushed for an independent assessment center for promotions. After a grueling day-long exam process, FF Blanchette found herself at the top of the promotion list. When it came time to promote her, however, the City skipped her for a lower ranked male candidate, who it claimed performed better on a 20-minute interview with City employees, including the Fire Chief who for many years was employed as an electrician by the lower ranked male candidate. So much for the value of the thorough, independent assessment center...

Read the media report here

Peter Perroni and NEPBA get second court victory protecting NH police privacy

NP lawyer Peter Perroni recently opposed efforts by the media and the ACLU to make public certain police internal affairs files in NH. The Court sided with the union, and, quite begrudgingly, refused to compel the release of the informtion sought by the press and ACLU.

Peter represented the interests of the Salem Police Union in this case. It is the second court battle won by Peter and the NEPBA this year, earlier having prevailed in a similar matter on behalf of NEPBA Portsmouth.

READ THE FULL STORY HERE

Press Release on Worcester Police Detail Earnings

Each year, local media outlets publicize police salary information, but often leave out very important details related to those earnings. Together with NEPBA Local 911 President Dan Gilbert, we did a public records request seeking to breakdown the 2018 detail wages. Specifically, we sought to discover how much revenue the City earns from its adminstrative fees charged to private contractors. As expected, the City generates hundreds of thousands of dollars in revenue each year directly from police details, not to mention the benefit of thousands of hours of police work subsidized by private industry. This benefit is enjoyed by most municipalities. A simple public records request will provide the numbers.

Read the full press release here.

Nolan | Perroni wins significant legal ruling in promotional bypass case - Court overturns Civil Service Commission

Gary and Peter represented a long time Lowell Police patrolman in his bid for promotion to sergeant. After a negative ruling from Civil Service, NP appealed to the superior court, where a judge recently issued a strong rebuke of the City's conduct. In ruling for the officer, the court clarified the bypass process, and explained thoroughly how the City's skirting of the rules can lead to both the appearance of impropriety, as well a actual improprieties.

Click here to read the Court's decision

Nolan | Perroni wins second case for decorated Northampton Police Lt.

Attorney Gary Nolan and the NEPBA favorably resolved the second of two disciplinary cases for Northampton Police Lt. Al Borowski, both of which stemmed from a series of malicious, anonymous letters. After an arbitrator found that there was no just cause for the initial case, the City agreed to completely rescind the discipline levied in the second matter, and also vacated all of the internal affairs findings related to the case. Congratulations to Lt. Borowski on his clean sweep.

For more details on the case, click here.

Nolan | Perroni wins important court ruling protecting NH police privacy rights

Attorney Peter Perroni and the NEPBA prevailed in a showdown with City Hall and a NH newspaper, both seeking to force the release of an arbitration decision involving the Portsmouth Police Supervisor's Union. The union intervened in this important court battle to protect the privacy rights of not just its member, but to protect the rights of all unionized NH police officers and law enforcement officials.

Click here to read the full court ruling

Nolan | Perroni wins Corrections Arbitration over Settlement Agreement - Instructive Decision for Labor Representatives

NP Attorney Gary Nolan recently won an important arbitration case on behalf of NEPBA Local 550, the Worcester County Sheriff's Correctional Officers Association. The employer has on multiple occasions attempted to prevent the member from having his termination case heard on the merits. This NEPBA win allows the member's case to finally go forward.

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Nolan | Perroni wins Discipline Arbitration - Suspension of Northampton Police Lt. Overturned. Internal affairs investigation determined to lack professional competence.

An arbitrator recently overturned the suspension of Northampton Police Lt. Al Borowski, a member of NEPBA Local 187. In doing so, the arbitrator was highly critical of the internal affairs investigation that was conducted jointly by the Northampton Police Department and a private, 3rd party internal investigation company. NP Attorney Gary Nolan represented the NEPBA and Lt. Borowski.

Lt. Borowski was disciplined for his conduct in removing medication from the Department's…..

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Nolan | Perroni wins Arbitration - Union member fired for failing annual physical fitness test wins job back

Attorney Peter Perroni represented the NEPBA and Middlesex Sheriff's Officers' (Local 500) Association in this arbitration win. The union member was fired when he failed - by four seconds - to complete a physical fitness long-distance run. Peter and the union proved that even though the officer may have technically failed the exam, the Sheriff violated both the CBA and its own policies in the testing and termination process. This arbitration decision is an important example of how good faith in collective bargaining is a two-way street. The officer was reinstated with full back pay and benefits.

Click here to read the full decision

Nolan | Perroni wins Sick Time Buyback Arbitration for NEPBA/Middlesex Sheriff's Union

Attorney Peter Perroni represented the Middlesex Sheriff's Officers' Union/NEPBA Local 500 in this arbitration victory for its corrections officers. Despite a long standing past practice of denying newer officers the right to participate in the sick time conversation benefit, Attorney Perroni and the NEPBA Local were able to prove that the Sheriff was for years acting without the approval or knowledge of the union. As as a result, the union was able to put an end to a long standing practice, and make sure this important financial benefit is available to its newer members.

Click here to read the full decision.

Nolan | Perroni wins Overtime Arbitration for NEPBA/Shrewsbury Police Patrol Union

Attorney Gary Nolan represented the Shrewsbury Police Patrol Officers/NEPBA in a hard fought victory to secure overtime rights for patrol officers. The case stemmed from a practice of prohibiting patrol officers who worked late nights from accepting daytime overtime shifts. In tackling this case, a very determined Shrewsbury/NEPBA Local challenged head-on a 30-year past practice and was able to win this important financial benefit for its membership.

Click here to read the full decision.

Nolan | Perroni wins Seniority Arbitration for NEPBA Carver Police Union

Attorney Gary Nolan represented the Carver Police Union/NEPBA in this arbitration victory to obtain seniority rights for a group of officers with prior full time police experience. In Carver, officers who transferred laterally from other civil service departments were granted wage seniority dating back to their date of hire with their original department. Meanwhile, the seniority (for pay purposes) of officers with full time experience in non-civil service departments began running with their date of hire in Carver. The union overcame many years of past practice to win this case, and was able to correct this inequity for a group of dedicated police officers.

Click Here to Read the Full Decision

Tewksbury and Wilmington Police Departments to Hold Benefit for Cops for Kids With Cancer

TEWKSBURY -- Tewksbury Police Chief Timothy B. Sheehan and Wilmington Police Chief Michael Begonis would like to invite the public to a fundraising event for Cops for Kids With Cancer next month. WHEN: Sunday, June 10 from 9 a.m. to 3 p.m. WHERE: Wamesit Lanes, 434 Main St., Tewksbury

Please support this great event and visit https://wamesitlanes.com/event/cops-for-kids-with-cancer.

Nolan Perroni Wins Union Discrimination Arbitration for NEPBA Steward

NP Attorney Gary Nolan recently won a significant arbitration decision on behalf of a longtime NEPBA Local 550 Steward. The grievant is an active NEPBA union leader, and a 22-year veteran of the Worcester County Sheriff’s Office. He is a decorated Air Force veteran, has no record of discipline, and years of fantastic employment reviews. Last year, after a promotional exam placed him near the top of the list, the member was quickly passed over for promotion. The NEPBA and Local 550, represented by Attorney Nolan, brought the matter to arbitration.

The arbitrator resoundingly rejected the reasons offered up by a host of the Sheriff’s top administrators and high ranking officers, many of whom testified at the hearing. The arbitrator concluded that the claimed reasons, given under oath by management, were neither true, nor were they the real reasons the officer was skipped for promotion. The arbitrator instead concluded that the officer was not promoted because of his union activity. She held that the Worcester County Sheriff discriminated against the officer, and ordered that he be promoted to Sergeant, and be made whole by payment of approximately eighteen months of back pay and other lost earnings.

The decision is attached.