Legal Opinion

City of Fall River v. AFSCME Council 93, Local 3177

Massachusetts Appeals Court

Decided June 29, 2004No. 03-P-190PublishedCited by 10 opinions

1Opinion of the CourtKafker, J.

In this reported case, we consider whether there is a conflict between provisions of the civil service law, G. L. c. 31, and a collective bargaining agreement. The provisions relate to the discharge of employees with provisional appointments under the civil service law. The employee here was discharged from her position as a police dispatcher. No eligibility list pursuant to the civil service law has ever been prepared for this position.

The issues, as framed by the Superior Court judge, are (1) “whether an arbitrator’s award finding that a . . . ‘provisional *405employee’ may . . . [arbitrate her…

2Cases cited21 opinions

  1. School Committee of Newton v. Labor Relations Comm.Massachusetts Supreme Judicial Court · 1983
  2. City of Cambridge v. Civil Service CommissionMassachusetts Appeals Court · 1997
  3. Local No. 1710, International Ass'n of Fire Fighters, AFL-CIO v. City of ChicopeeMassachusetts Supreme Judicial Court · 1999
  4. School District of Beverly v. GellerMassachusetts Supreme Judicial Court · 2001
  5. School Committee v. United EducatorsMassachusetts Supreme Judicial Court · 2003

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3Cited by10 opinions

  1. City of Somerville v. Somerville Municipal Employees Ass'nMassachusetts Supreme Judicial Court · 2008
  2. Thompson v. Civil Service CommissionMassachusetts Appeals Court · 2016
  3. City of Somerville v. Somerville Municipal Employees Ass'nMassachusetts Appeals Court · 2007
  4. City of Somerville v. Somerville Municipal Employees Ass'nMassachusetts Appeals Court · 2011
  5. Parris v. Sheriff of Suffolk CountyMassachusetts Appeals Court · 2018

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