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CITY OF NEWTON v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD

No. 20-P-1269.

100 Mass. App. Ct. 574 (2021)

CITY OF NEWTON v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.

Appeals Court of Massachusetts.

December 30, 2021.

Attorney(s) appearing for the Case

Jeffrey A. Honig, Deputy City Solicitor, for city of Newton.

Jillian M. Bertrand for Commonwealth Employment Relations Board.

Alan H. Shapiro (John M. Becker also present) for Newton Police Superior Officers Association, MassCOP Local 401.

Present: Green, C.J., Singh, & Hand, JJ.

In 2016, the chief of police (chief) of the city of Newton (city), in consultation with the city's employment manager, ordered Captain Doe2 to undergo physical and psychological "fitness for duty" examinations, and placed him on paid administrative leave pending the results of those examinations. The Newton...

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