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Appeals court considers whether arbitrator's back‑pay award usurped MassDOT managerial authority
Summary
The Appeals Court heard dueling arguments over whether an arbitrator’s award of back pay for a reinstated MassDOT employee intruded on non‑delegable management rights exercised during the COVID surge; the union argued the award remedied procedural failures, the Commonwealth argued it encroached on staffing authority. Court took matter under advisement.
The panel reviewed an appeal arising from an arbitration award in Massachusetts Department of Transportation v. United Steelworkers, Local 5696 (2025‑0123).
Union counsel Alfred Gordon O'Connell framed the dispute around an arbitrator’s finding that MassDOT failed to meaningfully consider accommodations for a sincerely held religious objection to a COVID‑vaccine requirement. O'Connell said the arbitrator only…
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