2019 - Worcester Firefighters, Local 1009 vs. City of Worcester

In 2019, an independent Arbitrator affirmed seniority-based promotion practices for Worcester Massachusetts fire fighters and unions statewide after Attorney Barrault presented that the City of Worcester violated its collective bargaining agreement with Worcester Firefighters, Local 1009 when it failed to provisionally promote the most senior candidate as Deputy Chief. Attorney Barrault earned another victory with Local 1009 when the Arbitrator affirmed her argument that the City is required to promote from a Civil Service list (a list of fewer than three candidates) for promotions within the bargaining unit. The Arbitrator ordered the Fire Chief to make the Grievant whole and pay him as if he had been properly promoted. The Arbitrator also agreed with Local 1009 and Barrault that the City’s obligation  to make promotions from a Civil Service “shortlist” is subject to arbitration. She reaffirmed a prior Arbitrator’s holding that there was a binding past practice of promoting the top-ranked employee on a Civil Service eligibility list when making promotions to positions within the bargaining unit. This Award provides significant clarity and stability to procedures for promotions statewide.