Town of Framingham v. Framingham Police Officers Union

Police officer’s assignment is not subject to arbitration or collective bargaining.

Issue

Is the assignment of police officers a proper subject of arbitration?

Challenge

The union sought to arbitrate the reassignment of a police officer which the union claimed was disciplinary in nature and therefore subject to the “just cause” standard provided in the parties’ collective bargaining agreement. Framingham sought an injunction at the Superior Court to prevent the arbitration, which the Superior Court denied. The Town then appealed the decision.

Outcome

The Appeals Court held that under both the strong chief’s statute, G.L. c. 41, s. 97A, and the doctrine of nondelegability, that a police officer’s assignment is not subject to arbitration or collective bargaining. Accordingly, the Appeals Court reversed the trial court’s denial of Framingham’s motion for preliminary injunction and directed an injunction to issue preventing the arbitration from going forward.