Mass. High Court Rules Public Policy Trumps CBA

Law360, New York (June 5, 2009, 12:00 AM EDT) -- The Massachusetts high court has handed Greater Boston’s transit authority a victory against the transit union, ruling that public policy imperatives such as compensating for hiring discrimination trump the provisions of a collective bargaining agreement.

On Thursday, the Supreme Judicial Court of Massachusetts determined that the Massachusetts Bay Transportation Authority acted appropriately when it set the wages and seniority for a new employee, William Wick, to remedy an apparently discriminatory hiring action without the consent of the union.

In favoring the MBTA, the high court vacated...
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