John Adams Courthouse, home of the Supreme Court of Massachusetts, and the Massachusetts Appeals Court. Photo: Swampyank via Wikipedia State Appellate Court Rejects Police Officer's Claim That Day-to-Night Shift Resulted in Adverse Employment Action
Associate Justice Gabrielle Wolohojian wrote that while the transfer could constitute an adverse employment action, with such issues as a lifestyle change and family life balance, there was no factual showing to support the union's claim.
May 28, 2024 at 10:56 AM
3 minute read
What You Need to Know
- A police sergeant's move from a day shift in the traffic division to night patrol did not constitute the claim for union retaliation.
- The city of Newton argued that the sergeant's altercation with a subordinate and other documented issues resulted in the transfer.
- This decision reverses a ruling from the Commonwealth Employment Relations Board, which found that the city failed to meet its burden of producing evidence of a nonretaliatory reason for the transfer.
The Massachusetts Appeals Court recently reinstated a labor relations department's decision for a police officer's claim of retaliation for engaging in union activity after determining that the union failed to prove the police department's transfer of the sergeant to night patrol from the day shift constituted an adverse employment action.
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