Archive for September, 2008

Appeals Court Encourages Public Employers to Litigate Arbitration Decisions on Public Policy Grounds

Monday, September 29th, 2008 by Sandulli Grace Staff

In School Comm. of Lowell v Oun, 07-P-184 (Sept. 25, 2008), the Appeals Court upheld an arbitrator’s decision to reinstate three wrongfully-terminated teachers with full back pay and benefits.  In a possibly disturbing signal that could disrupt future judicial review…

EXTRA! EXTRA! News Carriers Are “Employees” For Purposes of Unemployment

Thursday, September 25th, 2008 by Patrick Bryant

In Driscoll v. Worcester Telegram & Gazette, #07-P-344 (September 25, 2008), the Appeals Court has ruled that a 21-year veteran paper deliverer for eight major newspapers is an “employee” and therefore eligible for unemployment benefits. The Court rejected the employer’s…

Appeals Court Interprets Civil Service Requirement Of One Year Of Employment For Promotional Candidates

Tuesday, September 9th, 2008 by Patrick Bryant

In Weinburgh v. Civil Service Commission & City of Haverhill (07-P-1692)(Sept. 4, 2008), the Appeals Court ruled that a candidate for promotion may sit for a promotional exam even if the candidate did not actually serve a full year in…