The Katz Ruling: Making Exceptions Based on the Collective Bargaining Agreement
Updated On: Jul 199, 2012
After the Lynn Police Association was awarded the right to bargain residency, the Association and the City of Lynn entered into binding arbitration over the issue. The arbitrator in the case, Lawrence Katz, issued an award that exempted 13 members of the Association who had moved out of the city during the period where it was not enforced. But based on this arbitration, those who had not moved from the city were now required to abide by the residency requirement of the collective bargaining agreement. Since this time, the Association has attempted to bargain this requirement in order to rectify the two classes of employees that were created; those that broke the rule and were exempted and those who had not, but who were not similarly exempted.
Please click on the link to view the Katz arbitration decision.
The award from Katz comibined with Judge Grasso and Welchs' rulings show conclusively that the issue of residency as it pertains to police and fire is one of bargaining and not city charter. The actions and opinions that followed on the part of both the City of Lynn and its Residency Compliance Commission will be highlighted in another article; however in short, the city withdrew any appeal from the Grasso decision, while Katz's award was recognized and enforced: those who were exempted under our contract arbitration were not required to live in the city per the charter or residency ordinance.