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MASSACHUSETTS HIGHWAY DEPARTMENT v. MASSACHUSETTS ORGANIZATION OF STATE ENGINEERS AND SCIENTISTS

Nos. 10-P-1256 & 10-P-1257.

81 Mass. App. Ct. 334 (2012)

MASSACHUSETTS HIGHWAY DEPARTMENT v. MASSACHUSETTS ORGANIZATION OF STATE ENGINEERS AND SCIENTISTS (and a companion case).

Appeals Court of Massachusetts, Suffolk.

February 23, 2012.

Attorney(s) appearing for the Case

Eric P. Klein for the defendant.

James A. Sweeney, Assistant Attorney General, for the plaintiff.

Present: McHUGH, BROWN, & GRAINGER, JJ.

McHUGH, J.

Arbitrators awarded Paul Kelly and Scott Winters, two engineers employed by the Massachusetts Highway Department (MHD), additional compensation for performing work that a collective bargaining agreement (agreement) assigned to personnel whom MHD employed at higher pay grades. On MHD's complaints to vacate the arbitrators' awards in the Superior Court and the cross motions of the Massachusetts Organization...

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