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NEWTON BRANCH OF THE MASS. POLICE ASS'N v. NEWTON

396 Mass. 186 (1985)

484 N.E.2d 1326

NEWTON BRANCH OF THE MASSACHUSETTS POLICE ASSOCIATION vs. CITY OF NEWTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

November 7, 1985.

Attorney(s) appearing for the Case

Neil Jacobs (Susan Winkler with him) for the plaintiff.

Harold F. Kowal for the city of Newton & others.

The following submitted briefs for amici curiae:

John P. Reilly for International Brotherhood of Police Officers.

John M. Collins & Stanley L. Weinberg for Massachusetts Chiefs of Police Association, Inc.

Philip Collins & Robert W. Garrett for Massachusetts Municipal Association.

Paul J. McCarthy for Massachusetts Police Association.

Jonathan P. Hiatt for Professional Firefighters of Massachusetts.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

In this case we are presented with a question reported by a Superior Court judge pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974). The question is: "After impasse has been reached, can the City lawfully implement, without the Union's agreement, the City's proposal to modify § 4.04 of the Newton Police Contract which limits police officers' rights to accidental disability leave as provided in M.G.L.c. 41 § 111F?" We answer this question in...

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