NEW SUPERIOR COURT DECISION_NEPBA Local 192 – Chelsea Dispatchers v. City of Chelsea
This case involves an ongoing appeal for the Chelsea Dispatchers. We received a great decision from the MA superior court today. The superior court judge ruled in our favor holding the termination grievance was arbitrable despite the contract technically being expired on its face and affirmed the arbitrator’s decision. This is a decision that will impact many of our members, so this is a big win. Essentially, when we took over the Chelsea dispatchers in 2019 their contract was expired on its face. After the DLR issued the certification, the City terminated one of the dispatchers and then argued that the grievance was not arbitrable given the contract had expired. NEPBA Attorney Tom Horgan argued to the superior court judge that such a finding was not only illegal, given the current case law, but also unfair. Members cannot be prejudiced by exercising their right to select a new representative. Decision is attached for your review.
The city could appeal this decision to the MA appeals court. If they don’t appeal the matter will be scheduled for arbitration on the merits.