Labor Relations tosses parts of firefighters’ vax complaint vs. city
The water further muddied on Boston’s vaccine-mandate front as the state Department of Labor Relations tossed some of the public-safety unions’ complaints that the city had broken the law but let others continue.
While the probable-cause ruling in the case of International Association Fire Fighters Local 718 against the city from DLR investigator Gail Sorokoff does begin with, “Based on the evidence presented during this investigation, I find probable cause to believe that violations of the Law occurred and, for the reasons stated below, dismiss the remaining allegations,” it focuses almost entirely on what it’s dismissing rather than finding violations.
The only time the ruling says there’s sufficient evidence of wrongdoing is in the final footnote, when the investigator writes, “I find probable cause to believe that the City repudiated the in-station testing provision, which is addressed in the complaint in this matter.”
“Although the City was free to remove a testing option in lieu of vaccinations, the revised policy still requires testing for those who are in the process of being fully inoculated and those excused from the vaccine requirement,” the ruling, which is separate from the related case currently in the courts over this matter, states in that vein.
Sorokoff spends much more ink throwing out several of the union’s claims, writing that the decision to change the original memoranda of agreement and require vaccines was “a core governmental decision.”
“The ongoing COVID-19 pandemic, with new variants and rising cases, coupled with the City’s interest in protecting the wellbeing of its employees and the public with whom they interact, and ensuring that there is sufficient staff to provide vital public safety services, exempts the City from having to negotiate with the Union over the decision to require vaccinations,” the investigator wrote.
This battle before the state is another front in the unions’ fight with Mayor Michelle Wu after, as the omicron variant surged this winter, she overrode the previously negotiated MOA that only required negative coronavirus tests and began to require employees be vaccinated. The decision spawned strident protests at City Hall and her home — and led two judges to state that the unions had a leg to stand on in terms of labor relations.
An appeals court judge has barred the city from enforcing the rule as the legal case, which includes the firefighters plus the Boston Police Superior Officers Federation and Boston Police Detectives Benevolent Society, moves forward.
Wu’s administration said, “This decision affirms the central role of city governments in protecting public health and safety.”
IAFF President John Soares said the local is “pleased with the partial upholding” of the complaint.
“The Local 718 plans to appeal the dismissed portion to the Commonwealth Employment Relations Board, which is a common practice that is often successful,” Soares said, adding that the city firefighters union is “exploring filing new complaints with DLR for the city’s continued bad-faith bargaining.”
BPSOF President Jeanne Carroll said in a statement, “Although not fully upheld, today’s news is confirmation that the city’s continual erosion of labor rights will not stand. The idea that employers are free to rip up agreements whenever there is a new mayor elected should be concerning — not just to the involved parties, but to all union members throughout the Commonwealth.”