NP Attorney Gary Nolan recently won a significant arbitration decision on behalf of a longtime NEPBA Local 550 Steward. The grievant is an active NEPBA union leader, and a 22-year veteran of the Worcester County Sheriff’s Office. He is a decorated Air Force veteran, has no record of discipline, and years of fantastic employment reviews. Last year, after a promotional exam placed him near the top of the list, the member was quickly passed over for promotion. The NEPBA and Local 550, represented by Attorney Nolan, brought the matter to arbitration.
The arbitrator resoundingly rejected the reasons offered up by a host of the Sheriff’s top administrators and high ranking officers, many of whom testified at the hearing. The arbitrator concluded that the claimed reasons, given under oath by management, were neither true, nor were they the real reasons the officer was skipped for promotion. The arbitrator instead concluded that the officer was not promoted because of his union activity. She held that the Worcester County Sheriff discriminated against the officer, and ordered that he be promoted to Sergeant, and be made whole by payment of approximately eighteen months of back pay and other lost earnings.
The decision is attached.