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Workplace Rules and Practices 13-22
75 See, e.g., Meijer, Inc. v. National Labor Relations Bd., 130 F.3d 1209, 1217 (6th Cir.1997) (requiring
"affirmative showing" of negative impact).
76 Town of Oxford, 31 MLC 40 (2004).
77 Boston Water and Sewer Commission, 15 MLC 1319 (1989),af’d sub nom, Boston Water and Sewer
Workers v. Labor Relations Commission, 28 Mass. App. Ct. 359 (1990).
78 Id.
79 McCarthy v. Philadelphia Civil Service Commission, 424 U.S. 645, 96 S. Ct. 1154 (1976).
80 Id. at 1155.
81 Hicks v. Miranda, 422 U.S. 332, 343-345, 95 S. Ct. 2281, 2288-2289 (1975).
82 McCarthy v. Philadelphia Civil Service Commission,424 U.S. at 1155. On the isue of “right to travel,”
refer to Shapiro v. Thompson, 394 U.S. 618, 89 S. Ct. 1322.
83 Id.
84 Town of Milton v. Civil Service Commission, 312 N.E.2d 188 (Mass. 1974).
85 Id.
86 Id. at 194. See also, Doris v. Police Commissioner of Boston, 373 N.E.2d 944 (Mass. 1978) (holding
that the city was not stopped from enforcing its residency requirement despite the city’s previous failure to
enforce the requirement).
87 Mello v. Mayor of Fall River, 495 N.E.2d 876 (Mass. App. Ct. 1986)
88 Id.
89 This issue is discussed further in the chapter on Union Rights and Responsibilities.
90 See Cosby, 32 Mass. App. Ct. 392 (1992); Mass. Dept. of Corrections, 17 MLC 1293 (1990).
91 See City of Boston, 17 MLC 1711 (1991); Mass. Comm’r of Admin. & Finance, 19 MLC 1235 (1992).
92 School Committee of Pittsfield v. United Educators of Pittsfield, 438 Mass. 753, 784 N.E. 11 (2003).
93 City of Boston v. Boston Police Patrolman’s Asociation, 8 Mass. App. Ct. 220 (1979).
94 See Mayor of Somerville v. Caliguri, 8 Mass. App. Ct. 335 (1979). Note, however. that the Somerville
case also involved some race discrimination issues, where the police chief had denied a black officer the
right to carry a firearm and then sent him/her into an area in which the citizens had previously been hostile
to him. Thus, it appears that a court wil only question a chief’s decision relative to firearms asignment
when the motivation is improper.
95 See Mass. Bd. of Regents (Fitchburg State College), 8 MLC 1483 (1981); 8 MLC University of Mass., 7
MLC 1503 (1980)
96 See Federal Gun Control Act (1968, as amended 1996).
97 See, e.g., U.S. v. Monteleone, 77 F.3d 1086, 1092 (8th Cir. 1996).
98 If the conviction was expunged or set aside, or the officer was pardoned or his/her civil rights restored (in
a jurisdiction other than Massachusetts), then the federal law does not require that the officer be relieved of
his/her weapon.
99 Chapter 180 of the Acts of 1998.
100 A police chief is not required to accommodate a police officer who cannot carry a weapon as a result of
a domestic violence conviction, regardless of whether or not he/she plans to pursue such relief.
101 See Town of Stoughton, D-3306 (8/7/90) (Civil Service Commission cases) (holding that the town could
suspend a police oficer for losing his/her driver’s license where having a license was required for the job).
102 Such a challenge has not been heard by a court yet, but most likely the courts would treat the firearm
carrying requirement the same as the residency requirement (see discussion above) and only require a
rational relationship between the rule and ability to do the job.
103 Commonwealth of Massachusetts, 25 MLC at 205 (1999); citing, Town of Danvers, 3 MLC 1559
(1977).
104 City of Boston, 30 MLC 20 (2003), See City of Worcester, 438 Mass. 177, 181 (2002) (employer was not
obligated to bargain over its decision to assign truancy enforcement duties to its police officers because the
decision implicated the city’s ability to set its law enforcement priorities).
105 School Committee of Newton v. Labor Relations Commission, 388 Mass. at 564.
106 Peabody Municipal Light Department, 28 MLC 88, 89 (2001); City of Boston, 26 MLC 177, 181
(2000); Commonwealth of Massachusetts, 27 MLC 70, 72 (2000).
107 See Wilmarth v. Town of Georgetown, 28 Mass. App. Ct. 697, 555 N.E.2d 597 (1990).
108 See Town of Milton v. Civil Service Commission, 365 Mass. 368, 312 N.E.2d 188 (1974).
109 Befi v. District Court of Holyoke, 314 Mass. 622, 625, 51 N.E.2d 328 (1943).
Commonwealth of Massachusetts