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MBTA sues union to fire supervisor accused of sexist misconduct

“His denial did not ring true,” the arbitrator wrote, according to the decision filed as an exhibit with the lawsuit.

A Red Line MBTA train stopped at the Park Street station in Boston.
A Red Line MBTA train stopped at the Park Street station in Boston. David L Ryan/Globe Staff

The MBTA is suing one of the agency’s union after an arbitrator found that the T went too far when it fired a supervisor who engaged in sexual and racist harassment.

The MBTA is asking the court to vacate an arbitrator’s decision ordering the MBTA reinstate the employee “to his former position or an equivalent position, without back pay” despite the agency’s “zero-tolerance policy” for sexist and racist statements or conduct, according to the lawsuit filed in Suffolk Superior Court earlier this month.

Patrick Goggins, a former chief inspector on the Red Line, was fired after one of his subordinate employees complained to the transit agency about his “discriminatory and inappropriate behavior and harassment by Mr. Goggin on the basis of gender and race,” the lawsuit read.

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Goggins, who is a supervisor, was represented by OPEIU MBTA Inspector’s Union Local 600. The union did not return a request for comment Thursday. The arbitrator notes that Goggins worked for the MBTA for about nine years “and earned several promotions during that time.”

After a complaint filed in July of 2022, the MBTA’s Office of Diversity and Civil Rights, or ODCR, determined that the claims were valid, finding that he made inappropriate comments about wanting to “motorboat” a subordinate woman’s breasts to another subordinate, the lawsuit claims. The women involved are Black.

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“His denial did not ring true,” the arbitrator wrote, according to the decision filed as an exhibit with the lawsuit. “I am satisfied that (Goggins) did in fact say to (a female employee) that he wanted to motorboat (another female employee’s) breasts.”

Because Goggins had been disciplined previously for using “condescending and inappropriate language toward a Black female subordinate employee” in 2020, he was fired after the ODCR’s investigation.

After Goggins was fired, his union filed for arbitration, and an arbitrator with the American Arbitration Association held hearings on March 1, Oct. 24, and Dec. 10 of 2024. 

The arbitrator determined that the MBTA properly investigated the claims against Goggins, noted the agency’s zero-tolerance policy, and determined that the MBTA had “just cause” to discipline him. He also agreed with the MBTA, through employee testimony, that Goggins treated women, specifically Black women, more strictly. 

“His actions fell short of the high standards expected of someone in that role. Further, the Grievant failed to acknowledge his misconduct and showed no remorse or recognition of his inappropriate conduct,” the arbitrator wrote. 

“However,” the arbitrator continued, according to the lawsuit, “the penalty of discharge is too severe and not appropriate in this case. I fully understand the seriousness of reducing the penalty in this matter and do not take it lightly.”

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While the arbitrator said Goggin wasn’t provided an apt warning, the MBTA argues that the 2020 written warning noted that his behavior was inappropriate and further discipline could result in “a recommendation for discharge,” according to the complaint.

The MBTA said in a statement that the agency can’t comment on pending litigation. 

Sometimes, arbitration decisions can make it difficult to fire employees who appear to have committed misconduct. A Boston police officer who was fired twice got his job back through arbitration, according to NBC 10 Boston. At the time, Boston Mayor Michelle Wu said one-third of police officers fired are eventually reinstated.

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Molly Farrar is a general assignment reporter for Boston.com, focusing on education, politics, crime, and more.

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