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SCHOOL COMMITTEE OF NEWTON v. NEWTON SCHOOL CUSTODIANS ASSOCIATION, LOCAL 454, SEIU

438 Mass. 739 (2003)

SCHOOL COMMITTEE OF NEWTON v. NEWTON SCHOOL CUSTODIANS ASSOCIATION, LOCAL 454, SEIU.

Supreme Judicial Court of Massachusetts, Middlesex.

February 28, 2003.

Attorney(s) appearing for the Case

James F. Lamond for the defendant.

Michael C. Loughran (Daniel C. Brown with him) for the plaintiff.

The following submitted briefs for amici curiae:

Mary T. Sullivan, Donald J. Siegel, Ann Clarke, Judith Neumann, & Jeffrey W. Jacobsen for Massachusetts AFL-CIO & others.

Michael J. Long for Massachusetts Association of School Superintendents.

Stephen J. Finnegan for Massachusetts Association of School Committees.

Present: MARSHALL, C.J., GREANEY, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

Acting pursuant to G. L. c. 150C, § 11, a Superior Court judge vacated the award of an arbitrator finding that the school committee of Newton (school committee) had violated the terms of a collective bargaining agreement (agreement). The arbitrator had ordered the school committee to offer to an unsuccessful candidate the position of cafeteria manager in a Newton school. The judge ruled that the arbitrator exceeded the limits of his authority by...

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