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· 3/9/2022

Cloud

Syllabus

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) filed by Defendant. Plaintiffs may file a motion for leave to amend the Complaint by no later than April 8, 2022. Signed by Judge Kathryn C. Davis. (kts) Service on parties made.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • involving a collective bargaining agreement with teachers and nurses in the public education setting
  • job security clause in multiyear contract not enforceable beyond the first year of the agreement
  • requirements do not apply to dismissals based solely on budgetary factors provided that \such reasons are not proffered by the committee as a sham or subterfuge\
  • G. L. c. 150E, § 7, “authorizes collective bargaining agreements for up to three years’ duration”
  • job security clause enforceable during first year of multiyear contract; dicta that “matters relating to the timing of lay offs and the number and identity of the employees affected are proper subjects of collective bargaining”
  • future salary advances under three-year agreement valid although no specific-appropriation for the advances made at time of contract; collective bargaining agreement authorized by G.L.c. 150E, §7

Source: CourtListener parenthetical corpus (CC0).

Judges: Kathryn C. Davis

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.