· 10/5/1993
Massachusetts Coalition of Police, Local 165 v. Town of Northborough
Citations
- 620 N.E.2d 765
- 416 Mass. 252
- 1993 Mass. LEXIS 577
- 144 L.R.R.M. (BNA) 2869
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a board of selectmen’s decision not to reappoint a police officer is a nondelegable and nonarbitrable managerial prerogative pursuant to G. L. c. 41, § 97A
- finding no arbitrable dispute where “arbitrator lawfully could neither order [officer’s] reappointment nor provide a form of relief that might reasonably promote or advance the union’s goal that [he] be reappointed”
- [A]bsent \positive assurance\ that arbitration provision does not cover instant dispute, motion to compel arbitration should not be denied [citation omitted]
- town's board of selectmen's decision not to reappoint police officer ended his employment, but court concluded he had not been terminated or removed from his position
- “[ujnless there is positive assurance that an arbitration clause is not susceptible to an interpretation that covers the asserted dispute ... an order to arbitrate should not be denied”
- \A town may not by agreement abandon a nondelegable right of management\
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Wilkins, Nolan, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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