2023 - Acton Firefighters Local 1904 vs. Town of Acton

The Arbitrator agreed with the Acton Firefighters Union Local 1904 and Barrault and Associate’s Senior Associate, Nourhene Chtourou, that the Town of Acton was not permitted under the contract to add a written questionnaire to the oral board component of its promotional process. The Arbitrator found that the parties’ collective bargaining agreement outlined a specific procedure for the promotional process, and since it did not mention “written questions,” the Arbitrator concluded that the Town could not include such without the Union’s agreement. This decision is important as more and more municipalities are opting out of the Civil Service system and thus relying upon the promotional process language that it bargains with its public safety unions.  This award confirms that in these instances, a municipality will be restricted to what it got at the bargaining table and prevented from adding new and subjective components without the Union’s authorization.