NEPBA Local 190 Prevails in Major Arbitration Victory Over UMass Amherst Promotional Process
May 27, 2026
The New England Police Benevolent Association (NEPBA) Local 190 has secured a significant arbitration victory after an Arbitrator ruled that the University of Massachusetts Amherst violated the parties’ collective bargaining agreement by unilaterally implementing changes to the Sergeant promotional process without a written and executed agreement from the Union.
In a decision issued on May 22, 2026, Arbitrator Eileen A. Cenci found that the University improperly altered the promotional process in February 2024 despite clear contractual language requiring that any modifications to the agreement be formally ratified and executed by both parties before taking effect.
The arbitration centered around Article 16 of the collective bargaining agreement, which preserved the existing promotional practices for the duration of the agreement, as well as Article 30, which explicitly states that no modification to the agreement is valid unless reduced to writing and executed by both the Employer and the Union.
Despite multiple rounds of negotiations and membership votes regarding proposed changes to the Sergeant promotional process, the Union never ratified or executed any memorandum of agreement. Nevertheless, the University proceeded to implement a revised process that included an assessment center component, seniority-based point calculations, and anonymous examination scoring.
The Arbitrator rejected the University’s claim that it could impose its “last, best, and final offer” after negotiations reached impasse, finding instead that the promotional procedures were contractual provisions protected by the collective bargaining agreement itself and could not be changed unilaterally.
“The Arbitrator’s decision reinforces a fundamental principle of collective bargaining — contracts matter, and employers cannot simply disregard clear contractual language when negotiations become difficult,” said Tom Horgan, who represented NEPBA Local 190 throughout the arbitration. “The University attempted to circumvent explicit provisions requiring written and executed agreements before changes could take effect. This award makes clear that contractual protections cannot be erased through unilateral action or bargaining pressure.”
The Arbitrator further determined that the Union did not waive its contractual rights simply by participating in negotiations or presenting proposals to membership for ratification votes. The decision emphasized that good-faith bargaining efforts do not constitute abandonment of contractual protections.
“This victory reflects exactly who the members of Local 190 are,” said Ron Scaccia, NEPBA Representative. “The members of Local 190 have consistently elected an Executive Board that fiercely protects the integrity of their collective bargaining agreement and never hesitates to hold management accountable when violations occur. Throughout this process, the Union acted professionally, engaged in good-faith negotiations, and provided the University every opportunity to work collaboratively with Local 190 leadership. When those efforts failed, the membership stood united and utilized the full strength of NEPBA’s representational services to defend the contractual rights they fought hard to secure.”
As part of the ruling, the Arbitrator sustained the grievance and retained jurisdiction regarding any remedy disputes arising from the improperly implemented promotional process.
