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Sandulli Grace in the News...
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Legislation
- Drafted legislation for police officers’ tenure in non-civil
service towns. Guided and supported the legislation to its ultimate
adoption as M.G.L. c.41, sec. 133.
- Drafted Senate Bill 1894, which provides that the terms of collective
bargaining agreements prevail over contrary rules and regulations
of police commissioners and/or public safety commissioners. Guided
and supported the legislation through an override vote to its ultimate
adoption as Chapter 9 of the Acts of 1998.
Cases
- City of Methuen and Methuen Police Patrolmen’s
Association (2011) Arbitrator overturned City of
Methuen’s method of calculating police officer seniority
and agrees with Union that contract requires use of civil
service test scores.
- Sheriff, Suffolk County v. Jail Officers and Employees, Suffolk
County (2011) Obtained $400,000 back pay judgment for
jail officer who had been wrongfully terminated.
- Rosing V. Teachers’ Retirement
System (2010) The Supreme Judicial Court overruled the
Teachers Retirement System, the Contributory Retirement
Appeals Board, and the Superior Court to hold that for
pension purposes teachers would be allowed to buy back
time spent teaching special needs students in private
schools even if they received Social Security benefits for
that time.
- Miguelangelo Pires
v. Commonwealth of Massachusetts Board of Higher
Education (2010) Obtained Quinn Bill educational
incentive benefits for Boston and Wellesley officers after
court declared they were enrolled in qualifying
degree-granting programs prior to deadline.
- Town of Sudbury and Sudbury Police
Association MCOP Local 370 (2010) Arbitrator awards
police officer c. 41 Section 111F benefits based on injury
that occurred while training for an upcoming physical
fitness assessment
- Barre v
Barre Police Association Massachusetts Coalition of
Police (2010) Court affirms arbitrator’s award
reinstating officer who was fired for running out of FMLA
leave, holding that FMLA benefits are a floor of rights
which can be improved in negotiations.
- City Of Lynn V. Lynn Police Association (2010)
Supreme Judicial Court ruled that police union was
entitled to recoup benefits it had sacrificed in fiscal
crisis.
- City of Boston v. Boston
Police Patrolmen’s Association (2010) Under a
stipulated compliance award from the Division of Labor
Relations, the City of Boston was required to pay $16.5
million to current and former members of Boston Police
Patrolmen’s Association to resolve a decades-old dispute
over subcontracting BPPA work to the Boston Municipal
Police
- Oxford
Police Association, Massachusetts Coalition of Police,
Local 173 and Town of Oxford. Labor Relations
Commission, 2005. In a decision binding on all police
departments, Commission held that police officers have the
right to wear a union pin.
- O'Hara v. Menino, USDC 2004. Won suit on behalf of
over 800 Boston Police Officers based on City of Boston's willful
violation of overtime provisions of Federal Fair Labor Standards
Act. In April 2004, the Federal Court awarded payment of over
$600,000 to the officers.
- City of Boston v. Labor Relations Commission. Mass.
Appeals Court. 2003. Court upheld decision of the Labor Relations
Commission forcing city to bargain with police union over transfer
of bargaining unit work.
- Massachusetts Coalition of Police and Town of Brookfield.
Labor Relations Commission. 2002. Commission ordered reinstatement
and full backpay to three police officers terminated for union
organizing.
- Boston Police Patrolmen’s Association and City of
Boston. Arbitration. 2001. Arbitrator ruled that City of
Boston violated overtime provision in contract by assigning
tactical riot control, usually given to bargaining unit members
only, to non-bargaining unit members.
- Town of Westborough and Westborough Professional Firefighter
Association. Labor Relations Commission. 1997. The Commission
held that the Town of Westborough unlawfully implemented changes
in health insurance premium contributions and ordered restoration
of status quo.
- Vanderbilt v. Town of Chilmark. U.S. District Court,
District of Massachusetts. 1997. The Court ruled that a plaintiff
in a discrimination suit does not waive the psychotherapist-patient
privilege by seeking damages for emotional distress. Therefore,
the employer was not entitled to discovery regarding plaintiff’s
psychotherapy.
- Wetherell v. Town of Rehoboth. Mass. Superior Court.
1989. Jury verdict reinstating police officer with back pay,
emotional damages and attorney fees for violation of handicap
discrimination law.
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