The Massachusetts Division of Labor Relations has determined that there is probable cause to believe that a violation of the law occurred when the town laid off former Water Pollution Control Superintendent David Simmons on April 1.

"We proved our case, and the town wasn't able to prove otherwise," Simmons said.

The United Steelworkers Union, of which Simmons was a member, filed a complaint with the Division of Labor Relations following the layoff. In the complaint, the Union alleged that the Town discriminated against Simmons because he supported getting the union involved in representing Town department heads. It also alleged that the Town failed to bargain in good faith with the union by failing to give notice and opportunity to negotiate prior to implementing a layoff, said Attorney Laurie Houle, who represents the United Steelworkers Union.

A formal hearing will now be scheduled, with a hearing officer issuing a final decision as to whether there was any violation of the law, Houle said.

Conferences between the Division, the town, and the United Steelworkers were held late last month. Simmons said he received notification of the Division's findings last week.

Because a hearing would likely not occur until next spring, Houle said she is working with the town to schedule mediation, which could be scheduled sooner.

"If the Division finds a violation, [Wareham] could potentially be liable for a large portion of back pay," Houle said. "The potential for liability on back pay continues to grow before there is a finding or resolution of some sort."

Town Administrator Mark Andrews said he could not comment on this issue. "It's standard operating procedure for the town not to comment on personnel matters," Andrews said.

A March 9 letter addressed to the United Steelworkers Union, signed by Andrews, explained that "In an effort to reduce the current gap in the budget, the Town intends to reduce the current level of staffing in the Manager's Unit by laying off one (1) employee effective April 1, 2010."

Following his layoff, Simmons found he was eligible for retirement, which took effect on April 30. Because Wareham was the last place he worked, the town will continue to pay into his retirement and will pay 75-percent of his health insurance until he is 65 years old, he said.

Simmons' layoff left the department without a superintendent just before the groundbreaking for the sewer expansion project in the Cromesett Park and Oakdale Avenue areas.