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MASSACHUSETTS HIGHWAY DEPARTMENT
vs.
AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 93.
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Issues:
Arbitration, public employee, public policy, union issues, collective bargaining.
Case Summary:
Officials at the Massachusetts Highway Department appeal a lower court's ruling concerning the status of a dismissed employee. The department dismissed the employee one year after a loaded handgun was discovered in his toolbox. The department's policy clearly articulated a prohibition on firearms in the workplace. The American Federation of State, County and Municipal Employees Local 93, the employee's union, filed a grievance on the employee's behalf, because the department waited a full year to dismiss the employee. The matter was submitted for arbitration. Upon review, the arbitrator ordered the employee reinstated. The department filed suit to block the arbitrator's ruling.
Decision of lower jurisdiction:
A superior court affirmed the arbitrator's ruling in the case. Authorities at the highway department now appeal.
Outcome:
The wins. The Supreme Judicial Court of Massachusetts affirmed the lower court's ruling.