New Bedford's School Committee has cleared Superintendent Andrew O'Leary of physically assaulting the head of the city's teachers union, concluding that surveillance video and an independent investigation show the confrontation never happened the way it was described. The decision closes one chapter of a heated dispute that erupted after an October 5 School Committee meeting — but the New Bedford Educators Association says it isn't done fighting.
According to 1420 WBSM, the School Committee voted unanimously to accept findings that no physical assault or policy violation occurred, after reviewing a complaint, surveillance footage and the conclusions of an outside investigator. That investigator determined there was no physical assault and no violation of School Committee policy, according to the New Bedford Light, which reported that the alleged assault by the superintendent against a union leader never happened. NBEA President Tom Nickerson confirmed to WBSM that he was the union leader named in the complaint.
What the Video Reportedly Shows
Nickerson alleged that O'Leary threatened him with physical proximity and slapped him twice on the chest following the meeting, per the New Bedford Light's reporting. According to a police report cited by WBSM, Nickerson told Officer Noah Brum that O'Leary came within roughly 18 inches of him and repeatedly called him a liar, then patted his left chest while saying, “You're doing a great job. Good job.” Nickerson told police he had no marks or bruises but felt intimidated and believed the pat was made in anger.
O'Leary gave a different account to Officer Brum, saying he approached Nickerson after the meeting, tapped his left shoulder, and left once the conversation ended, per the same police report cited by WBSM. The New Bedford Light reported that video showed the two men having an animated discussion before O'Leary gave Nickerson two light taps on the shoulder as he walked away — footage that the independent investigation found showed a brief touch to the shoulder or upper back, not the chest contact Nickerson described. The New Bedford Light released that video footage on its website Thursday. Based on the video, Officer Brum decided he would not request charges against O'Leary.
A Fight Over Health Insurance Premiums
The confrontation grew out of a disagreement over whether union members should pay a higher share of their health insurance premiums to save the city money. Nickerson said the proposed change would save New Bedford more than $600,000, the New Bedford Light reported, and O'Leary supported Mayor Jon Mitchell's proposal to increase the amount employees pay toward healthcare premiums, according to the outlet. Mitchell has said he believes union members should pay a higher share of their premiums, per WBSM's reporting.
Not everyone agrees on what O'Leary actually said at the meeting. Chris Cotter said O'Leary had not stated support for the mayor's position during the meeting itself, according to WBSM — a detail that complicates the union's framing of the dispute even as the broader fight over premium costs continues. New Bedford's health plans, administered through Blue Cross Blue Shield, have had the city covering 75 percent of total premiums with employees paying 25 percent, according to the City of New Bedford, though that figure was listed as of November 2025. Elsewhere in Massachusetts, districts have weighed similar questions: the Southborough Regional School Committee considered adopting state law provisions that would let it negotiate health insurance plan-design changes, according to MySouthborough, though that outlet noted adopting the provisions would not by itself change employee benefits or premium ratios.
Union Says It Isn't Backing Down
Despite the clearing of O'Leary, the New Bedford Educators Association says it plans to file a prohibited-practice charge against him with the state Department of Labor Relations, alleging he interfered with protected union activity and sought to create a chilling effect on public employees, per WBSM. A New Bedford Educators Facebook post said unions had attended the October 5 meeting together to defend union voices and health insurance against proposed rate increases, WBSM reported. Union representatives said O'Leary was creating a chilling effect and attempting to silence unions.
The New Bedford Public Employee Committee, which represents collective bargaining units of city and school department employees in health insurance negotiations, issued a statement objecting to O'Leary's conduct and defending union activity. That statement said Nickerson had spoken for unions about proposed health insurance split increases and the potential adoption of Sections 21 and 23, describing the union speech as protected concerted activity under Massachusetts General Law Chapter 150E, according to WBSM. The statement was signed by Kevin Cormier, Jeff Camara, Nickerson, Michelle Willis, Kevin Melo, Lorenzo Gonzalez, Shelly Avila and Sean Trahan. Separately, representatives for AFSCME Local 641 said none of their members were involved in the incident, the New Bedford Light reported.
What Massachusetts Labor Law Says
Chapter 150E protects public employees' rights to engage in lawful, concerted activity for collective bargaining or other mutual aid or protection, free from interference, restraint or coercion, according to the Massachusetts General Laws. The same law identifies interfering with, restraining or coercing an employer or employee in exercising those rights — along with refusing to bargain in good faith with an exclusive representative — as prohibited practices under Chapter 150E, Section 10. Should the NBEA move forward with a charge, state procedure requires it to be submitted to the Department of Labor Relations within six months of when the party knew or should have known of the alleged violation, unless good cause is shown, according to Mass.gov.
O'Leary, who became interim superintendent in April 2023 before being permanently appointed in January 2024, received a five-year contract extension through 2031 this past March, according to WBSM. Nickerson has taught in New Bedford Public Schools since 1997, joined the NBEA executive board in 2013, and has served as the union's president since 2021. As of publication, WBSM reported that O'Leary had not responded to a request for comment. School Committee members have said they want the district to refocus on serving the nearly 13,000 students and families it serves, per the New Bedford Light.
