After an arbitrator determined that the T went too far in terminating a supervisor who engaged in racist and sexual harassment, the MBTA is suing one of the agency’s unions.
In a lawsuit filed earlier this month in Suffolk Superior Court, the MBTA is requesting that the court overturn an arbitrator’s ruling that ordered the MBTA to reinstate the employee to his previous position or one that was comparable, without back pay, despite the organization’s zero-tolerance policy for sexist and racist remarks or actions.
According to the lawsuit, former Red Line head inspector Patrick Goggins was removed when one of his lower-level staff members complained to the transportation agency about his inappropriate and discriminatory behavior, including harassment based on gender and ethnicity.
OPEIU MBTA Inspector’s Union Local 600 represented Goggins, a supervisor. A request for response on Thursday was not answered by the union. According to the arbitrator, Goggins spent roughly nine years working for the MBTA and received multiple promotions during that time.
The lawsuit alleges that the MBTA’s Office of Diversity and Civil Rights, or ODCR, found that he made inappropriate remarks about wanting to motorboat a subordinate woman’s breasts to another subordinate after receiving a complaint in July 2022. These are Black ladies.
According to the ruling included as an exhibit in the lawsuit, the arbitrator concluded that his denial did not ring true. The idea that Goggins actually told a female colleague that he wanted to motorboat her breasts makes me happy.
After the ODCR’s inquiry, Goggins was fired because he had previously been penalized for using improper and disrespectful behavior toward a Black female subordinate employee in 2020.
An American Arbitration Association arbitrator convened hearings on March 1, October 24, and December 10, 2024, after Goggins’ termination and his union’s arbitration request.
The arbitrator acknowledged the agency’s zero-tolerance policy, found that the MBTA had reasonable grounds to reprimand Goggins, and concluded that the organization had adequately looked into the allegations against him. According to employee testimony, he also concurred with the MBTA that Goggins treated women—particularly Black women—more harshly.
The great expectations placed on someone in that position were not met by his conduct. The arbitrator further noted that the Grievant did not express regret or admit his improper behavior, nor did he acknowledge his misconduct.
Nevertheless, the arbitrator went on to say that the lawsuit claimed that the discharge punishment was excessively harsh and inappropriate in this particular instance. I do not take this lightly and am well aware of how serious it is to lessen the penalty in this case.
The MBTA contends that the 2020 written warning said that Goggin’s action was wrong and that more discipline could lead to a recommendation for termination, despite the arbitrator’s finding that Goggin was not given a sufficient warning.
In a statement, the MBTA stated that it is unable to comment on ongoing legal proceedings.
Arbitration rulings can occasionally make it challenging to terminate workers who seem to have engaged in wrongdoing. According to NBC 10 Boston, a Boston police officer who was fired twice was able to regain his job through arbitration. One-third of police officers who are fired are subsequently reinstated, according to Boston Mayor Michelle Wu at the time.
Molly Farrar works for Boston.com as a general assignment reporter, covering topics such as politics, crime, and education.
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