Legal Opinion

Town of Framingham v. Union

Massachusetts Appeals Court

Decided July 10, 2018No. 17–P–1178PublishedCited by 5 opinions

1Opinion of the CourtDitkoff, J.

*537The town of Framingham1 appeals from a Superior Court order denying its motion for a preliminary injunction against the arbitration of a police officer's transfer to the patrol division. We conclude that the transfer and assignment of police officers is within the exclusive managerial authority of the police chief as a *538matter of public safety pursuant to G. L. c. 41, § 97A, and may not be delegated or contravened through arbitration or collective bargaining. This is so even where it is claimed that the transfer or assignment was motivated by the police chief's perception of the officer's…

2Cases cited30 opinions

  1. Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
  2. Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
  3. Commonwealth v. Mass. CrincMassachusetts Supreme Judicial Court · 1984
  4. Commonwealth v. Fremont Investment & LoanMassachusetts Supreme Judicial Court · 2008
  5. LeClair v. Town of NorwellMassachusetts Supreme Judicial Court · 1999

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3Cited by5 opinions

  1. CITY OF NEWTON v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.Massachusetts Appeals Court · 2021
  2. Boston Firefighters Union, Local 718, International Association of Fire Fighters, AFL-CIO v. City of BostonMassachusetts Supreme Judicial Court · 2023
  3. City of Boston v. Boston Firefighters' Association, Iaff Local 718Massachusetts Superior Court · 2026
  4. Dracut v. Dracut Firefighters Union, IAFF Local 2586Massachusetts Appeals Court · 2020
  5. Newton v. Commonwealth Employment Relations BoardMassachusetts Appeals Court · 2024

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