NPH Attorney Kevin Buck recently received a favorable decision from an arbitrator on behalf of NEPBA/Cohasset.  The issue in the case was the fact that the Town allowed construction details performed on Town property to be assigned exclusively to MBTA police, rather than Cohasset Police.  The Union grieved the fact that the Town did not support its police officers and insist that they be assigned to the details.  The arbitrator agreed, and ordered the Town to compensate the officer who missed out on the Detail work.

The grievance involved detail traffic work around the MBTA Greenbush project.  More precisely, the project was a widening of Route 3A at the intersection with King Street to add a turning lane.  The Town allowed the MBTA to assign their police officers to the traffic detail instead of fighting or taking any steps whatsoever to secure that work for their officers.  The Union grieved the Town’s decision.

The issues at arbitration were essential questions of law, as the Town relied on several Superior Court decisions to support their position.  The Town argued that they were unable to assign the work to their officers, simply because the MBTA claimed it was immune from local rules or restriction because of the “essential governmental  function” doctrine.  In a sense, when the Town requested that its officers work the details,   the MBTA told the Town to pound sand.  The arbitrator found that the Town simply took the MBTA’s brush-off and let the matter rest.   Attorney Buck advanced the Union's position that this particular project was remote enough that it would not trigger the claimed immunity.  The arbitrator decided in our favor – determining that the Town had indeed violated the CBA and that is must compensate the officers for the lost detail income.

To read the full decision, click on the link below: