Posts tagged "Officer’s"

Department of Correction v. Massachusetts Correction Officers Federated Union, et al. (Lawyers Weekly No. 11-104-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us       12‑P‑1789                                       Appeals Court   DEPARTMENT OF CORRECTION  vs.  MASSACHUSETTS CORRECTION OFFICERS FEDERATED UNION & another.[1]       No. 12‑P‑1789.      August 16, 2013.     Commissioner of Correction.  Correction Officer.  Civil Service, Collective bargaining.  Arbitration, Collective bargaining, Judicial review.  Practice, Civil, Standing.       Paul Brouillette appeals from an order by a judge of the Superior Court vacating an arbitration award and reinstating a decision by the Commissioner of Correction (commissioner) that discharged Brouillette from his position as a correctional officer.  We dismiss the appeal for lack of standing.   Pursuant to the collective bargaining agreement (agreement) between the Department of Correction (department) and the Massachusetts Correction Officers Federated Union (union), an employee who is a union member may elect to pursue a grievance through arbitration or, alternatively, through the Civil Service Commission.  If, as occurred here, arbitration is elected, the employee is required to execute a written “waiver of any and all rights to appeal the disciplinary action to any other forum including the Civil Service Commission.”  Such a waiver was duly executed by Brouillette and delivered to the department.     The department, not Brouillette (whose interests had prevailed at arbitration), appealed the arbitrator’s award to the Superior Court.  Notwithstanding Brouillette’s waiver, the terms of the agreement, or G. L. c. 150C, § 11, the department named not only the union, but also Brouillette as a party defendant in its complaint to the Superior Court.  This was improper and, we conclude, a nullity.  Brouillette was not a party to the agreement and had no standing to enforce it or defend his interpretation in court.  See Miller v. Board of Regents of Higher Educ., 405 Mass. 475, 480 (1989); Kessler v. Cambridge Health Alliance, 62 Mass. App. Ct. 589, 593-594 (2004).   Thereafter, a judge of the Superior Court vacated the arbitration award on public policy grounds and reinstated the order of the commissioner terminating Brouillette’s employment with the department.  While this result has clear and adverse consequences for Brouillette, it does not alter the fact that he elected to pursue arbitration and waive his rights to further participation in the disciplinary process.  The union did not appeal from the judge’s order.  Consequently, there is no valid appeal before us.   Appeal dismissed.     Philip N. Beauregard (Adrienne Catherine H. Beauregard-Rheaume with him) for Paul Brouillette. Judith Allonby for […]

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Posted by Massachusetts Legal Resources - August 16, 2013 at 7:17 pm

Categories: News   Tags: , , , , , , , ,

City of Boston v. Boston Police Superior Officers Federation (Lawyers Weekly No. 10-155-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us       SJC‑11238   CITY OF BOSTON  vs.  BOSTON POLICE SUPERIOR OFFICERS FEDERATION.     Suffolk.     April 2, 2013.  ‑  August 9, 2013. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.     Boston.  Police, Assignment of duties, Collective bargaining.  Public Employment, Police, Transfer, Collective bargaining.  Municipal Corporations, Police, Collective bargaining.  Labor, Police, Collective bargaining.  Civil Service, Police, Collective bargaining.  Arbitration, Collective bargaining, Confirmation of award, Authority of arbitrator.  Contract, Collective bargaining contract.       Civil action commenced in the Superior Court Department on August 18, 2009.   The case was heard by Bonnie H. MacLeod, J.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     David M. Connelly (Robert J. Boyle, Jr., with him) for the plaintiff. Alfred Gordon for the defendant.     DUFFLY, J.  After the city of Boston (city) transferred a Boston police sergeant who served as a union representative, the Boston Police Superior Officers Federation (union) sought to enforce a provision of its collective bargaining agreement with the city, prohibiting the involuntary transfer of certain union representatives between stations or assignments.  Following binding arbitration mandated under the collective bargaining agreement, an arbitrator found that the city had violated the collective bargaining agreement and awarded the officer damages and reinstatement to his original position.  The city filed a motion in the Superior Court, pursuant to G. L. c. 150C, § 11, to vacate the award.  A Superior Court judge denied the city’s motion and allowed the union’s cross motion to confirm the award.  The city appealed, and we transferred the case to this Court on our own motion. The city argues, and we agree, that assignment and transfer of officers within the Boston police department (department) are nondelegable statutory powers of the Boston police commissioner (commissioner), see St. 1906, c. 291, § 10, as appearing in St. 1962, c. 322, § 1, and, accordingly, that the grievance arbitrator exceeded his authority in reversing the officer’s transfer.   Background and prior proceedings.  In 1989, the city and the union underwent interest arbitration[1] as part of a collective bargaining process.  The city had proposed a provision that would have prohibited the involuntary transfer of union representatives, but the parties were unable to reach agreement on how many officers would be covered by that provision.  The proposal followed several years of […]

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Posted by Massachusetts Legal Resources - August 9, 2013 at 4:01 pm

Categories: News   Tags: , , , , , , , ,

Sheriff of Suffolk County v. Jail Officers and Employees of Suffolk County (Lawyers Weekly No. 10-109-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us     SJC‑11229   SHERIFF OF SUFFOLK COUNTY  vs.  JAIL OFFICERS AND EMPLOYEES OF SUFFOLK COUNTY.[1]     Suffolk.     February 4, 2013.  ‑  June 14, 2013. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.   Sheriff.  Public Employment, Collective bargaining, Termination.  Labor, Public employment, Collective bargaining.  Arbitration, Collective bargaining, Award.  Damages, Back pay, Mitigation, Interest.  Interest.  Governmental Immunity.  Waiver.  Judgment, Enforcement, Interest.  Practice, Civil, Interest, Waiver.       Civil action commenced in the Superior Court Department on April 24, 2001.   Following review by this court, 451 Mass. 698 (2008), a complaint for contempt, filed on August 24, 2009, was heard by John C. Cratsley, J.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Timothy J. Casey, Assistant Attorney General, for the plaintiff.   John M. Becker for the defendant.   CORDY, J.  This appeal arises from an action in the Superior Court to enforce an arbitrator’s award of back pay to a jail officer employed and wrongfully discharged by the sheriff of Suffolk County (sheriff).  The sheriff appeals from the judge’s ruling that the jail officer, Joseph Upton, had no duty to mitigate his damages by seeking comparable employment.  The Jail Officers and Employees of Suffolk County (union), on behalf of Upton, cross appeals from the judge’s decision not to assess statutory postjudgment interest on the arbitrator’s award.  Although we conclude that Upton did have a duty to mitigate his damages, we affirm the judgment on the grounds that the sheriff waived this issue by failing to raise it earlier in the proceedings, and that, regardless, she failed to meet her burden of proof on the issue.[2]  We also affirm the judge’s decision not to assess postjudgment interest on sovereign immunity grounds.   1.  Background.  This appeal represents the putative final chapter in a case that, at the time of an earlier decision in 2008, already had a “long and tortuous procedural history.”  Sheriff of Suffolk County v. Jail Officers & Employees of Suffolk County, 451 Mass. 698, 699 (2008) (Sheriff of Suffolk County I).  On December 29, 1999, Upton was discharged from his position as a jail officer at the Nashua Street jail in Boston (jail) following an incident in which Upton allegedly “filed untimely and then false reports” concerning an assault of an inmate that he […]

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Posted by Massachusetts Legal Resources - June 14, 2013 at 2:47 pm

Categories: News   Tags: , , , , , , , ,

Police: Man Sold Heroin to Undercover Officers on Harrison Ave

The following information was supplied by the Boston Police Department. Charges listed do not indicate a conviction. A Jamaica Plain man was arrested in the South End on Wednesday night for allegedly selling heroin to undercover police officers.    Boston police officers conducted a “Buy/Bust” operation in the area of Northampton Street and Harrison Avenue on the evening of May 29 at 6:01 p.m, according to the police report.  Based on previous police work, officers acquired a cellphone number of a person who allegedly sells heroin in the area. An undercover officer texted the number, asking to buy 5 plastic baggies of heroin for $ 80. The exchange was set for the CVS at 874 Harrison Ave, according to the report.  According to the report, the suspect called two undercover officers and told them that he was in a silver Subaru, which was pulling into the parking lot at that moment. The undercover officers got into the car and gave the driver the $ 80. The driver then gave the officer the bags of heroin. The officers thanked the driver, exited the vehicle and signaled to police.  Officers pulled the car over in front of 1855 Washington Street. The undercover officers identified the driver as the person who sold them the drugs. Boston Police arrested Jose Arias, 287 Centre Street, Jamaica Plain and charged him with possession of a Class A substance with intent to distribute.  SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - May 31, 2013 at 9:55 am

Categories: Arrests   Tags: , , , , ,

Watertown Rescue’s Actions Helped Save MBTA Officer’s Life

It was a typical 24-hour shift for Watertown Fire Department firefighters James Caruso and Patrick Menton assigned to the department’s rescue ambulance; a few medical calls and some training. Pretty routine for a Thursday, Caruso would remember.  But the everyday would within minutes transform into a maelstrom of bullets and bombs. The pair rushed to aid a police officer in a Watertown neighborhood, hit in an exchange of gunfire with the alleged Boston Marathon bombers.  “From calm to chaos,” said Menton. Caruso and Menton have worked together periodically on the ambulance which is Caruso’s assignment. In fact, Menton was only scheduled to accompany Caruso after James’ usual partner’s wife gave birth earlier on April 18. The pair — Westford-native Caruso and Menton who was born, raised and is living in Watertown — who joined the department together eight years ago, would be on the 8 a.m. to 8 a.m. shift.   Earlier in the week, the department put a second rescue unit on duty as a result of the Boston Marathon bombing, but were not called into the city. It was a fairly quiet night Thursday, until just after midnight when the chatter on the radio began picking up from dispatchers and police and fire: an officer shot and killed at MIT, a car jacking, a wild car chase heading west along Memorial Drive in the direction of Watertown. Then around 12:45 a.m., dispatch relayed to Watertown Rescue the call of “officer down” during a running gun battle along Laural Street with two heavily-armed suspects. Despite the hundreds of round-fired and pipe bombs lying on the street, the pair raced to the heart of the battle. “We didn’t know there had been shots fired, but all we knew was there was an officer needing help so we went in. That was it,” said Caruso. “It was a bit nerve-wracking but instincts just kicked in so you are not really thinking about it,” said Menton.  When Caruso and Menton arrived, they were waved to the intersection of Laural and Dexter where they found a group of officers in a driveway. Jumping out of the truck’s cab, the EMTs saw officers working on Richard Donohue Jr., a MBTA officer who was part of the police chase into Watertown. The 33-year-old Donohue was hit by a round that severed three of four major leg arteries, producing a steady steam of blood draining into the street.  As Caruso and Menton got out, the officers carried the limp unconscious officer to the back of the vehicle. They soon realized that Donohue had effectively lost his entire blood supply from the wound.  “You can’t even describe […]

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Posted by Massachusetts Legal Resources - April 23, 2013 at 10:43 pm

Categories: Arrests   Tags: , , , , , , ,

Doctor: ‘Cautiously Optimistic’ on Injured MBTA Officer’s Recovery

During a press conference Sunday afternoon at Mount Auburn Hospital, Dr. David Miller said he was “cautiously optimistic” about Winchester native and MBTA Officer Richard Donohue Jr.’s recovery after he was wounded during a shoot-out with the Boston Marathon bombing suspects on Thursday night. Following the conference, Dr. Russell Nauta, professor of surgery at Mount Auburn Hospital, explained what happened to Donohue Jr. “He was shot through the anterior thigh and there was an entrance wound and no exit wound so the bullet remains in the leg,” Nauta said, adding that there were no fractures and partial transection of three out of the four blood vessels that are in the leg. “There was bleeding from the wound that led to cardiac arrest at the scene.” Nauta said cariopulmonary resuscitation was started on Donohue Jr. at the scene and continued in the emergency room, where there was a “tranfusion of fluids and blood products to the point of restoration of the pulse and pressure at which point he went into the operating room.” Donohue Taken to Operating Room  “We made an incision in the lower abdomen to clamp the artery to the leg (because) you could not clamp it through the wound and you could not see anything through the wound,” Nauta said. “We stopped the bleeding and we called in our cariovascular folks to reconstruct the blood vessels to and from the leg.” From the time of the shooting to the time he was in the operating room, less than an hour had passed, with about 15 minutes for transport and 45 minutes spent in the emergency room, according to Nauta. Nauta, who also serves as chairman for the Department of Surgery at the hospital, said the bullet remains in the leg. During the conference, Nauta said Donohue Jr. had not spoken, as there is a breathing tube inserted in his mouth.  Donohue Jr., 33, of Woburn, is currently “medically sedated” to maximize subsequent organ function, Nata said. “He is sedated and gets special treatment on the respirator to maximize the chance his central nervous system and his circulation will be fine,” Nauta said. If Donohue Jr. shows improvement, Nauta said he expects the officer to be able to walk again. Hospital Staff Ready for Anything After the conference, Jeanette Clough, president and CEO at the hospital, praised the work done by first responders, nursing staff and physicians the night of the shootings in Cambridge and Watertown. She said that her staff trains for situations similar to what happened the past couple days. “Those are two of our closes communities and to have this going on in […]

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Posted by Massachusetts Legal Resources - April 22, 2013 at 4:30 am

Categories: Arrests   Tags: , , , , , ,