By DAN TOMASELLO
LYNNFIELD — With no end in sight to the ongoing trash strike between Republic Services and Teamsters Local 25, the town is looking to receive “liquidated damages” and potentially terminate its contract with the company.
In the wake of contract negotiations breaking down between Republic Services and Teamsters Local 25, Teamsters Local 25 went on strike on July 1. The strike has been impacting municipalities across the North Shore and Greater Boston, and has even spread nationwide.
Teamsters Local 25 and Republic Services representatives resumed contract negotiations with a federal mediator on July 11. Local 25 President Tom Mari said in a statement to NBC Boston that the negotiations lasted 9.5 hours, but no settlement was reached. The two sides were scheduled to resume negotiations on Tuesday morning.
Town Counsel Tom Mullen noted in a July 9 letter sent to Republic Services’ leadership team based in Phoenix, Arizona that Lynnfield’s refuse and recyclables collection agreement with JRM Hauling and Recycling went into effect on July 1, 2021. Mullen stated that Republic Services, which purchased JRM three years ago, has violated the contract’s provisions.
“Specifically, since Monday, July 1, 2025, the contractor has wholly failed and refused to collect recyclables within Lynnfield,” Mullen stated. “It has also failed (and sometimes refused) to collect refuse at all in certain locations, and failed to collect it on schedule in others.”
Department of Public Works (DPW) employees have been collecting recyclables due to Republic Services not collecting them.
Mullen also noted that Republic Services has “failed and refused to collect” trash from all of the dumpsters in town.
“These failures constitute a breach of the agreement, which provides: ‘The contractor agrees, at its own expense, to perform all the work and furnish all the vehicles, equipment and labor for collecting and transporting all the refuse and recyclables collected within the town during the term of this contract, all in accordance with the terms and provisions of this contract and in a proper, thorough and workmanlike manner,’” stated Mullen.
Mullen stated in the letter that DPW Director John Scenna has determined that Republic Services has “failed to perform the scope of work” stipulated in the contract.
“As a result, the contractor’s performance is neither proper, thorough, workmanlike nor to his satisfaction,” stated Mullen.
“The town intends to apply the liquidated damages provision of the agreement, but reserves its right to seek other remedies as well, including termination, a suit for damages and the application of the performance bond required by Article XIII of the agreement. The town’s damages, which have been accruing since July 1, 2025 and continue to grow, include the cost of renting trucks to collect and transport refuse and recyclables, a wage differential which the town has been forced to negotiate with its employees’ union and pay to workers filling in for the contractor, and the cost of other employees’ time in addressing the crisis which your non-performance has precipitated.”
Mullen stated that the town’s agreement with Republic Services “calls for payment by the contractor of liquidated damages of $150 for ‘a failure by the contractor to collect refuse or recyclables from each building.’”
“The agreement goes on to specify $150 in liquidated damages for ‘failure or neglect to collect refuse and/or recyclables placed at curbside before the daily collection time as provided by this contract within 24 hours of that collection time, each instance,’” stated Mullen. “It is clear that each discrete failure by the contractor to collect refuse or recyclables at each building where such collection is required constitutes a separate occasion for liquidated damages. It is premature to do the math, but with approximately 3,500 homes in Lynnfield, it is clear that the liquidated damages, which the town is entitled to withhold from its payments to the contractor and pursue through legal action, have already achieved a substantial level.”
While Mullen noted that, “a pending labor dispute” has impacted Republic Services’ “obligations under the agreement,” he stressed that the breakdown in contract negotiations “cannot constitute an excuse for non-performance.”
“The ‘force majeure’ clause (agreement Article XV) says nothing about such disputes,” stated Mullen. “A separate article, addressed wholly to situations where ‘by reason of strike, work stoppage or slowdown, etc., the contractor shall become hindered, slowed or otherwise unable to perform under this contract,’ you are required to ‘assign whatever management or other personnel’ may be needed ‘to provide the same/continuing level of refuse collection services’ as elsewhere required under the agreement,” stated Mullen.
Mullen stated that Republic Services’ pact with the town stipulates that the company had 10 calendar days to “correct the non-performance or to respond in writing as to why the contractor believes it is in compliance with the contract.”
“If, at the end of the 10-day period commencing on the date hereof, you have not fully resumed proper performance under the agreement, then pursuant to the aforesaid clause, the town will commence withholding daily liquidated damages from this date and may also terminate the agreement and proceed to exercise its rights under the performance bond,” stated Mullen.
Officials urge resolution
Town Administrator Rob Dolan and Gloucester Mayor Greg Verga, Danvers Town Manager Jill Cahill, Beverly Mayor Michael Cahill, Canton Town Administrator Charles E. Doody, Ipswich Interim Town Manager Thomas G. Younger, Malden Mayor Gary Christenson, Manchester-by-the-Sea Town Administrator Tony Barletta, North Reading Town Administrator Michael Gilleberto, Peabody Mayor Ted Bettencourt, Swampscott Interim Town Administrator Gino Cresta, Wakefield Interim Town Administrator Kevin Gill and Watertown City Manager George Proakis stated in a July 11 letter that they were “growing more concerned by the day with the lack of resolution and the compounding consequences of this service interruption.”
“The most effective and lasting solution to this crisis is a settled agreement,” Dolan and the 12 other municipal officials stated in the letter. “We continue to respect the collective bargaining process, but urge both parties to return to the table with urgency and in good faith. Each day without resolution adds strain to our residents, our businesses and our municipal operations and heightens the risk of broader public health impacts. While a long-term solution must come through a negotiated agreement, immediate action is also needed to address the ongoing service disruption. The current level of driver coverage and substitute crews is simply not meeting the basic needs of our communities. We urge Republic Services to act swiftly to expand interim staffing by bringing in additional drivers and resources to stabilize service in the short-term.”
In addition to having Republic Services’ expand the number of replacement workers, Dolan and the 12 municipal officials are requesting the company to provide “consistent and reliable communication.”
“We understand this is a complex situation; however, since the work stoppage began, we have received limited and occasionally irregular updates,” stated Dolan and the 12 municipal officials. “This has left communities to navigate shifting schedules and rising resident concerns with little to no guidance. A more coordinated, transparent communication strategy — including clear timetables and expectation of service — is essential to effective planning and public trust. In the absence of clear information and reliable service, the broader consequences of this disruption continue to grow.”
Dolan and the 12 other municipal officials stated that, “The financial burden on municipalities is mounting as we deploy emergency responses, address overflow issues and fill service gaps resulting from the inadequate staffing and resources from Republic Services.”
“At the same time, environmental conditions are deteriorating, with uncollected trash affecting neighborhoods, parks and waterways,” Dolan and the 12 municipal officials stated. “Public health concerns are escalating, particularly as restaurants struggle without a viable waste solution during the peak of their busy season. These impacts are substantial and must be acknowledged and addressed as part of any near-term response and future planning.”
Dolan and the 12 municipal officials noted that their “communities are already bearing the cost of this disruption, both in personnel and material resources, as we work to mitigate the impacts of the service interruption and delay in full service resumption.”
“It is entirely reasonable — and necessary — for municipalities to take steps to secure alternative services that protect public health and maintain basic standards of cleanliness and safety,” Dolan and the 12 municipal officials stated. “Equally, it is reasonable and equitable to track and assess these costs, including labor and emergency response efforts, to determine the full extent of the financial burden. We fully intend to seek appropriate compensation for the consequential damages and expenses incurred as a direct result of Republic Services’ failure to meet its obligations. Each of these issues compounds the frustration and confusion residents are experiencing and undermines the trust we have built with our communities.”
Dolan and the 12 other officials requested that Republic Services “provide accurate and updated timelines and service expectations” to each municipality. The officials also requested that Republic Services “expand driver resources and logistical support to guarantee the daily completion of all trash and recycling routes in our communities until the work stoppage is resolved.”
“Our priority remains protecting public health, upholding basic services and restoring stability,” Dolan and the 12 municipal officials stated. “We hope Republic Services shares that commitment and is prepared to take more decisive action in the days ahead.”