National Labor Relations Board Sides with Murphy, Hesse, Toomey & Lehane, LLP


Murphy, Hesse, Toomey & Lehane, LLP attorneys successfully represented their client, hereby referred to as “the Employer,” in a Request for Review of the Acting Regional Director’s Decision and Order. The National Labor Relations Board (“NLRB” or the “Board”) granted the request after determining that the Acting Regional Director’s decision to overrule the Employer’s challenge of the legitimacy of a ballot signature without a hearing was “clearly erroneous.”


In August 2020, the Employer and the opposing party, hereby referred to as “the Petitioner,” held an election that was conducted by mail ballot. Upon careful review of the ballots, the Employer challenged a determinative ballot on the grounds that the signature on the ballot was illegible and did not match any prior signatures for that employee. The Employer provided several legal documents from their files that showed the employee’s signature in support of their challenge. Despite citing many distinctions between the ballot signature and the employee’s signature on the provided documents, the Acting Regional Director determined that there was a lack of evidence proving the signature to be fraudulent. The Employer then filed a Request for Review with the NLRB. In June 2021, the Employer received a Decision on Review and Order Remanding from the NLRB. The Board found that the Employer’s challenge raised “substantial and material issues” and ordered the case to be remanded to the Acting Regional Director for a hearing on the validity of the ballot.


Murphy, Hesse, Toomey & Lehane, LLP is one of the 50 largest firms in Massachusetts, their years of experience and resources offer clients throughout New England and nationally a wide range of legal services while maintaining a “hands-on touch” that is important in Client-Attorney relationships. To provide this kind of service, they established a multi-service firm comprised of skilled practitioners from a variety of fields. This enables them to bring to their clients the breadth of experience and depth of knowledge required for complex cases. Their broad resources and technology enable them to represent clients in a comprehensive and cost-efficient manner. MHTL has a strong reputation in the legal community and is known throughout New England for its labor and employment practice as well as its extensive business litigation and advising employers on internal reviews and strategic legal approaches when dealing with the government. The firm also has an extensive education law practice representing public, private, and nonprofit educational institutions from pre-K through the college and university level.



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On August 10, 2022, Chapter 177 of Acts of 2022, “An Act Addressing Barriers to Care for Mental Health” was signed by Governor Baker. For public schools, it has impacts on student discipline, special education services, and emergency response plans. The bill goes into effect on November 8, 2022. Set forth below are summaries of the new law’s impact in the identified areas.

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