DLR Dismisses NAGE Regressive Bargaining Complaint
April 27, 2009
The Commonwealth’s Division of Labor Relations has dismissed the regressive bargaining charge against the Massachusetts Trial Court for last year’s withdrawal of the economic proposals it made to the 2,400 court employees NAGE represents. The decision was issued by an investigator at the preliminary hearing stage, not by the entire DLR.
“How can you make a decision based on evidence when dismissing this case prevents any evidence from being introduced by either party,” asked David Bernard, NAGE’s Massachusetts director of public safety. “The DLR’s decision is based on issues of fact, but they never held a hearing to determine what those facts are. The union was never allowed to call witnesses or introduce evidence that would establish the facts upon which this decision was based.”
Under current guidelines, the DLR uses this preliminary stage to decide whether or not a charge warrants a full hearing. The decision to dismiss this claim was made by a single person rather than by the full commission, and prevents us from being able to call witnesses or establish evidence that would further prove this charge requires a full hearing.
NAGE attorneys will fight this decision, and are currently filing an appeal with the DLR.