Blasting Greenberg Traurig Request, Judge Says Fees ‘Zooming Out of Control’ | New York Law Journal

“By requesting astronomical fees attorneys are in danger of killing the goose that laid the golden egg” a Manhattan judge admonished.

Source: Blasting Greenberg Traurig Request, Judge Says Fees ‘Zooming Out of Control’ | New York Law Journal

St. Louis Jury Issues $4.7 Billion Verdict After Trial Linking Talc to 22 Cancer Cases | National Law Journal

The 12-member jury awarded $550 million in compensatory damages as well as $4.14 billion in punitive damages against the pharmaceutical giant.

Source: St. Louis Jury Issues $4.7 Billion Verdict After Trial Linking Talc to 22 Cancer Cases | National Law Journal

Israel officially warns Syrian soldiers that if they approach the borders of the Jewish State, they will be obliterated | JEWSNEWS

Defense Minister Avigdor Lieberman warns that any attempt by Syrian regime forces to deploy in demilitarized border zone will be met with harsh response • Iran-affiliated forces working to establish terrorist infrastructure in Syrian Golan, Lieberman says.

Source: Israel officially warns Syrian soldiers that if they approach the borders of the Jewish State, they will be obliterated | JEWSNEWS

Somerville company uncovers attempts to sell sensitive U.S. military documents on the dark web | Boston Herald

A Somerville cybersecurity firm has unearthed an attempt to sell sensitive U.S. military documents on the dark web, with operational details of one of the Air Force’s most lethal drones and the Army’s tactics to avoid triggering IEDs.“I’ve never seen information of this magnitude for sale on the dark web,” said Andrei Barysevich, a researcher with Somerville-based Recorded Future, referring to the anonymous internet realm often used to conduct shadowy and even illegal activity.

Source: Somerville company uncovers attempts to sell sensitive U.S. military documents on the dark web | Boston Herald

President Trump departs London for gala dinner with Theresa May and 150 British business leaders | Daily Mail Online

President Trump is expected to arrive at the UNESCO World Heritage Site in Oxfordshire in his helicopter at about 7.30pm tonight and will be greeted by Theresa May.

Source: President Trump departs London for gala dinner with Theresa May and 150 British business leaders | Daily Mail Online

Immigrants find noncitizen voter registration easy – Washington Times

Abdel showed up at his local Pennsylvania motor vehicle office to take his driver’s license test — and walked out having registered to vote, even though he is not a citizen.

Source: Immigrants find noncitizen voter registration easy – Washington Times

Trump tells NATO leaders to increase defense spend to 4 percent

U.S. President Donald Trump told NATO leaders on Wednesday they should increase their defense spending to 4 percent of their country’s economic output, double the group’s current goal of two percent. NATO allies shrugged off the demand as part and parcel of Trump’s brash push for allies

Source: Trump tells NATO leaders to increase defense spend to 4 percent

Pakistan politician wants to NUKE the Netherlands: ‘Give me an atom bomb and I’ll wipe Holland off the face of the earth’ | JEWSNEWS

It’s a religion of peace! And people still believe Israel is a pariah state? ‘GIVE ME AN ATOM BOMB AND I’LL WIPE HOLLAND OFF THE FACE OF THE EARTH,’ VOWS LEADER OF PAKISTANI ISLAMIST GROUP IN RESPONSE TO PROPHET MUHAMMAD CARTOON COMPETITION Khadim Hussain Rizvi issued the warning at an event…

Source: Pakistan politician wants to NUKE the Netherlands: ‘Give me an atom bomb and I’ll wipe Holland off the face of the earth’ | JEWSNEWS

Puerto Rico Gun Sales Surge

Nearly a year after Hurricane Maria devastated Puerto Rico, the island’s recorded gun sales remain higher than ever, federal data shows. Licensed dealers have transferred more than 18,000 firearms since September 2017, a 37 percent increase over the same nine-month time period recorded the year before. In the first six months of 2018, dealers sold 13,352 firearms — mostly handguns

Source: Puerto Rico Gun Sales Surge

LETTERS TO THE EDITOR: Worst anti-Semites are leftists – Washington Times

Recent events have shown the disrespect of the radical left (specifically supporters of Bernie Sanders and Democratic Socialism) for not only religions in general, but Judaism specifically.

Source: LETTERS TO THE EDITOR: Worst anti-Semites are leftists – Washington Times

MAJOR WIN FRAMINGHAM MA CHIEF OF POLICE…..

https://www.mass.gov/files/documents/2018/07/10/17P1178.pdf
TOWN OF FRAMINGHAM vs. FRAMINGHAM POLICE OFFICERS UNION.
No. 17-P-1178.
Middlesex. March 9, 2018. – July 10, 2018.
Present: Lemire, Ditkoff, & McDonough, JJ.
Municipal Corporations, Police, Collective bargaining. Police,
Assignment of duties, Collective bargaining. Public
Employment, Police, Collective bargaining. Labor, Police,
Collective bargaining. Arbitration, Collective bargaining,
Police. Injunction. Practice, Civil, Preliminary
injunction.
Civil action commenced in the Superior Court Department on
March 2, 2017.
A motion for a preliminary injunction was heard by Maynard
M. Kirpalani, J.
Christopher J. Petrini for the plaintiff.
Dennis M. Coyne for the defendant.
2
DITKOFF, J. The town of Framingham1 appeals from a Superior
Court order denying its motion for a preliminary injunction
against the arbitration of a police officer’s transfer to the
patrol division. We conclude that the transfer and assignment
of police officers is within the exclusive managerial authority
of the police chief as a matter of public safety pursuant to
G. L. c. 41, § 97A, and may not be delegated or contravened
through arbitration or collective bargaining. This is so even
where it is claimed that the transfer or assignment was
motivated by the police chief’s perception of the officer’s
misconduct. Furthermore, we conclude that a municipality
seeking to enforce its statutory rights to exclusive managerial
authority need not show irreparable harm to be entitled to a
preliminary injunction. Accordingly, we reverse the order
denying the preliminary injunction.
1. Background. Officer Matthew Gutwill is a police
officer in the Framingham police department (department) and a
member of the Framingham Police Officers Union (union). The
terms of Officer Gutwill’s employment are governed by the
collective bargaining agreement (CBA) entered into by the union
and Framingham on May 12, 2016.
1 The town of Framingham became the city of Framingham on
January 1, 2018. The legal issues in this case are not affected
by the change in status.
3
In 2004, Officer Gutwill began working for the department
in the patrol division and was then transferred to the detective
bureau, where he served from 2006 to 2008. In Framingham, an
assignment to the detective bureau does not confer the rank of
detective in the department. It is a specialty assignment
distinguished from the patrol division based on the position’s
role and job requirements, rather than senior employment status
within the department. As a detective, Officer Gutwill received
a weekly stipend and a more flexible schedule.
In 2008, Officer Gutwill was as
4
On September 22, 2015, Officer Gutwill lodged a complaint
with the department, alleging misconduct against another
detective in the department. The complaint triggered a fourmonth
internal investigation, and Officer Gutwill was displeased
with its result. Officer Gutwill also claimed that he was
subjected to workplace harassment by members of the department
in retaliation for making allegations against a fellow
detective.
In January, 2016, he was informed that the department
intended to rotate him out of the DEA task force at an
undetermined date to an undetermined position. The department
maintains that the transfer was dictated by sound risk
management policy to provide opportunities for other officers,
to allow rotated officers to share specialized knowledge and
experience within the department, and to reduce entrenchment and
other concerns associated with so-called “high risk positions.”
Officer Gutwill, by contrast, suspected the reassignment was
made in retaliation for his initial and ongoing complaints.
Officer Gutwill sought to air his concerns to the police
chief in a February 5, 2016, telephone call. During the
conversation, Officer Gutwill allegedly made several
inflammatory statements to the police chief. Officer Gutwill
claimed that a deputy chief lied while testifying in a criminal
case, and that another deputy chief was implicated in other
5
misconduct through a Federal wiretap recording. Officer Gutwill
also expressed that he was unable to work with fellow detectives
as a result of what he believed was retaliatory harassment, and
that his complaints were being ignored by the department. Based
on these claims, Officer Gutwill told the police chief that he
planned to file a complaint with the Massachusetts Commission
Against Discrimination, and stated something to the effect that
he would “turn the place upside down.”
In response, the department retained an attorney on
February 16, 2016, to conduct an independent investigation of
Officer Gutwill’s accusations. The investigation commenced on
March 1, 2016, and continued through July, 2016, during which
time Officer Gutwill’s reassignment was delayed pending the
outcome of the investigation. After substantial inquiry, the
investigator issued a report dated July 14, 2016, determining
that the allegations of retaliation were without merit. Despite
the absence of any suggestion in the investigator’s report that
Officer Gutwill was dishonest,3 the police chief accused Officer
Gutwill of denying to the investigator that he made various
statements in the February 5, 2016, telephone call.
3 Indeed, the investigator repeatedly stressed that Officer
Gutwill “raised his concerns in good faith.” Framingham asserts
in its brief that the investigator issued two reports finding
that Officer Gutwill was untruthful to her. No evidence of that
has been presented to us or, so far as we can discern, to the
Superior Court judge.
6
Based on the police chief’s accusations, Officer Gutwill
was placed on paid administrative leave on August 19, 2016,
through December 12, 2016, when he was suspended for five days
without pay.4 According to the department, the suspension
resulted from violations of rules prohibiting “untruthfulness”
concerning Officer Gutwill’s denial of the statements made to
the police chief on February 5, 2016.
When Officer Gutwill returned to duty on December 19, 2016,
after his suspension, he was reassigned from the detective
bureau to the patrol division. The department cited “a variety
of reasons” for the transfer, “including an independent
investigator’s finding that he was untruthful during an official
investigation,” in determining “that it was in the
[d]epartment’s best interest to assign him to the [p]atrol
[d]ivision.” Officer Gutwill immediately challenged the
4 While on administrative leave, Officer Gutwill filed a
civil complaint in the United States District Court for the
District of Massachusetts, predicated on the same factual
accusations, pursuant to 42 U.S.C. § 1983. In the Federal
lawsuit, Officer Gutwill seeks, inter alia, reinstatement to the
DEA task force as a detective with full fringe benefits and
seniority rights, treble damages for his lost wages, benefits,
and other remuneration, with interest, as well as additional
compensatory and punitive damages. As of this date, the Federal
lawsuit remains pending. Nothing here should be construed as
expressing any opinion about the merits of the Federal lawsuit.
7
decision in a verbal grievance, which was denied by the police
chief.5
The union responded by submitting a written grievance on
behalf of Officer Gutwill on December 21, 2016, alleging that
his reassignment from the detective bureau to the patrol
division constituted “discipline” without “just cause,” in
violation of the CBA. The union requested the immediate
reinstatement of Officer Gutwill to the detective bureau. The
department denied this grievance on the ground that the
Legislature had declared that the assignments of police officers
is “an exclusive managerial prerogative” not subject to
collective bargaining. The Framingham town manager upheld the
denial. Pursuant to the CBA, the union filed a demand for
arbitration on January 17, 2017, on behalf of Officer Gutwill.
On March 2, 2017, Framingham filed a civil complaint and
moved for a preliminary injunction enjoining arbitration, which
was duly opposed by the union. After a hearing, a Superior
Court judge (motion judge) denied the preliminary injunction in
a decision entered June 28, 2017.6 We have jurisdiction over
5 According to the union, Officer Gutwill also appealed his
suspension to the Civil Service Commission. At oral argument,
Framingham represented that this appeal ultimately was
withdrawn.
6 Apparently by agreement of the parties, no arbitration
proceedings on the matter have been held pending this court’s
decision.
8
Framingham’s interlocutory appeal pursuant to G. L. c. 231,
§ 118.7 See Massachusetts Correction Officers Federated Union
v. Bristol, 64 Mass. App. Ct. 461, 464 (2005); DeCroteau
v. DeCroteau, 90 Mass. App. Ct. 903, 903 (2016).
2. Standard of review. “We review the grant or denial of
a preliminary injunction for abuse of discretion.” Eaton
v. Federal Natl. Mort. Assn., 462 Mass. 569, 574 (2012). In
doing so, we determine “whether the judge applied proper legal
standards and whether there was reasonable support for his
evaluation of factual questions.” Doe v. Superintendent of
Schs. of Weston, 461 Mass. 159, 164 (2011), quoting
from Commonwealth v. Fremont Inv. & Loan, 452 Mass. 733, 741
(2008). “The trial court’s legal conclusions, however, are
‘subject to broad review and will be reversed if
incorrect.'” LeClair v. Norwell, 430 Mass. 328, 331 (1999),
quoting from Packaging Indus. Group, Inc. v. Cheney, 380 Mass.
609, 616 (1980).
7 Because the union raises no objection to our review (and,
indeed, affirmatively desires a decision), we need not reach the
question whether the union could seek to prohibit appellate
review at this stage by invoking G. L. c. 150C, § 16, which does
not authorize an appeal from an order allowing arbitration to
proceed. See Old Rochester Regional Teacher’s Club v. Old
Rochester Regional Sch. Dist., 18 Mass. App. Ct. 117, 118 (1984)
(because appeal requirements adopted pursuant to § 16 “are
comprehensive, an appeal [at least as of right] from any type of
order not so enumerated is precluded”). See also School Comm.
of Agawam v. Agawam Educ. Assn., 371 Mass. 845, 846 (1977)
(order denying application to stay arbitration not appealable
under § 16).
9
3. Standard for preliminary injunction. “When a private
party seeks a preliminary injunction, the moving party is
required to show that an irreparable injury would occur without
immediate injunctive relief.” LeClair, 430 Mass. at 331,
citing Cheney, 380 Mass. at 617. “When, however, a suit is
brought either by the government or a citizen acting as a
private attorney general to enforce a statute or a declared
policy of the Legislature irreparable harm is not
required.” LeClair, supra, citing Edwards v. Boston, 408 Mass.
643, 646-647 (1990). Rather, the equitable considerations
justifying the need for injunctive relief are supplied by
showing that an injunction is in the public interest.
See Caplan v. Acton, 479 Mass. 69, 75 (2018). Thus, because
Framingham brought this suit as a government plaintiff, seeking
a preliminary injunction to enforce its rights under G. L.
c. 41, § 97A, and G. L. c. 150C, § 2(b), it must only “show a
likelihood of success on the merits and that the requested
relief would be in the public interest.” Caplan, supra,
citing LeClair, supra at 331-332. Accord Commonwealth v. Mass.
CRINC, 392 Mass. 79, 89 (1984).
The motion judge, while assuming that Framingham had
demonstrated a likelihood of success on the merits, denied
Framingham’s request to enjoin arbitration on the basis that it
had failed to demonstrate irreparable harm. Framingham,
10
however, repeatedly asserted that arbitration would violate
G. L. c. 41, § 97A, which (Framingham argued) makes the
assignment of police officers a nondelegable, inherent
managerial right. At least regarding Framingham’s arguments
under § 97A, Framingham was seeking to enforce a statute and a
declared policy of the Commonwealth and did not need to show
irreparable harm.
Accordingly, to determine whether a preliminary injunction
should have issued, we must assess (1) Framingham’s likelihood
of success on the merits in showing that the grieved transfer
and reassignment of Officer Gutwill by the police chief is not
an arbitrable issue and (2) whether prohibiting arbitration of
that issue is in the public interest. See Caplan, 479 Mass. at
75.
4. Success on the merits: arbitrability of police officer
transfer and reassignment. “There are certain nondelegable
rights of management, matters that are not mandatory subjects of
collective bargaining . . . , that a municipality and its agents
may not abandon by agreement, and that an arbitrator may not
contravene.” Billerica v. International Assn. of Firefighters,
Local 1495, 415 Mass. 692, 694 (1993). General Laws c. 41,
§ 97A, as appearing in St. 1948, c. 595, vests the “chief of
police” (in municipalities, like Framingham, that have accepted
§ 97A) with authority to “be in immediate control . . . of the
11
police officers, whom [the police chief] shall assign to their
respective duties” (emphasis supplied). See Andover v. Andover
Police Patrolmen’s Union, 45 Mass. App. Ct. 167, 169–170 (1998).
Even in the absence of express legislative language, police
chiefs are inherently vested with general managerial authority
over employees “where matters of public safety are
concerned.” Saugus v. Saugus Pub. Safety Dispatchers Union, 65
Mass. App. Ct. 901, 902 (2005).
“A police chief’s authority to assign his officers to
particular duties is a matter that concerns the public
safety.” Taunton v. Taunton Branch of the Mass. Police Assn.,
10 Mass. App. Ct. 237, 243 (1980). Moreover, “[t]he protection
of a public employer’s management prerogative is particularly
strong where, as here, the prerogative concerns policy judgments
in the allocation and deployment of law enforcement resources”
(emphasis supplied). Saugus Pub. Safety Dispatchers Union, 65
Mass. App. Ct. at 901–902. That power, as a result, may not be
delegated to arbitrators pursuant to CBAs or, for that matter,
subject to collective bargaining at all. Saugus v. Saugus
Police Superior Officers Union, 64 Mass. App. Ct. 916, 916-917
(2005) (police chief’s involuntary assignment of officers to
overtime shifts, required for public safety, “was within the
exclusive managerial prerogative of the chief and, hence, not
subject to being bargained away by the town, and not
12
arbitrable”). See Worcester v. Labor Relations Commn., 438
Mass. 177, 182 (2002), quoting from Lynn v. Labor Relations
Commn., 43 Mass. App. Ct. 172, 178 (1997) (“The allocation of
resources among competing law enforcement priorities ‘must be
reserved to the sole discretion of the public employer . . . .’
Those priorities are not a proper subject of bargaining”).
Cf. Chief Justice for Admin. & Mgmt. of the Trial Ct.
v. Commonwealth Employment Relations Bd., 79 Mass. App. Ct. 374,
388 (2011) (“The determination of proper security for the
Commonwealth’s trial courtrooms is not a collectively
bargainable subject”).
It follows that the police chief’s decision in this case to
transfer and reassign Officer Gutwill from the detective bureau
to the patrol division was neither subject to the parties’ CBA
nor delegable to arbitration. The case of Boston v. Boston
Police Superior Officers Fedn., 466 Mass. 210 (2013), mandates
this result. There, a police officer serving as a union
representative was involved in an altercation with another
officer, with whom the officer-representative was regularly
required to interact. Id. at 212-213. The police commissioner
issued a transfer order upon determining that the officerrepresentative’s
“effectiveness as a supervisor had been
compromised,” prompting the union to file a grievance. Id. at
213. Relying on the police commissioner’s statutory authority,
13
and citing the necessity of managerial control to maintain
“public safety and a disciplined police force,” id. at 215,
quoting from Boston v. Boston Police Patrolmen’s Assn., 41 Mass.
App. Ct. 269, 272 (1996), the Supreme Judicial Court concluded
that the transfer of an officer was within the police
commissioner’s exclusive and nondelegable authority “over the
assignment and organization of the officers within the
department.” Boston Police Superior Officers Fedn., supra at
215. That power was essential; otherwise, police “managers
would have no ability to react to changing conditions in
arranging the police force into the necessary bureaus, units,
and divisions.” Id. at 216.
General Laws c. 41, § 97A, confers the same statutory
authority provided to the police commissioner in that case to
the police chief in this matter. See Andover Police Patrolmen’s
Union, 45 Mass. App. Ct. at 169-170. Indeed, the CBA does as
well. Moreover, even if the CBA provided otherwise, it could
not abrogate the police chief’s authority to transfer, assign,
and deploy officers according to the police chief’s
discretion. Massachusetts Coalition of Police, Local 165
v. Northborough, 416 Mass. 252, 255 (1993) (“A town may not by
agreement abandon a nondelegable right of management”).8 In
8 General Laws c. 150E, § 7(d), amended by St. 1998, c. 9,
which provides that “[i]f a collective bargaining agreement
14
short, because the assignment and the deployment of police
officers is a nondelegable right of management, it is not a
proper subject of collective bargaining.
In this respect, the union’s reliance on Boston v. Boston
Police Patrolmen’s Assn., 477 Mass. 434 (2017), is misplaced.
There, the police commissioner terminated an officer for using
excessive force against a civilian after the Saint Patrick’s Day
Parade, and for being untruthful. Id. at 435, 437-438. An
arbitrator discredited the civilian’s account and ordered the
officer reinstated. Id. at 439. On review, the Supreme
Judicial Court found that “core matters of discipline and
discharge” are delegable and, specifically, a termination may be
the subject of an arbitration pursuant to a CBA. Id. at 441.
Absent from that case was any suggestion that the arbitrator

. . . contains a conflict between matters which are within the
scope of negotiations pursuant to [G. L. c. 150E, § 6,] and
. . . the regulations of a police chief pursuant to [G. L.
c. 41, § 97A,] or of a police commissioner . . . the terms of
the collective bargaining agreement shall prevail,” is not to
the contrary. The assignments of police officers pursuant to
G. L. c. 41, § 97A, are not regulations of a police chief or a
police commissioner, and we have previously held that G. L.
c. 150E, § 7(d), does not displace a police chief’s authority to
assign officers. Saugus Police Superior Officers Union, 64
Mass. App. Ct. at 917, quoting from Andover Police Patrolmen’s
Union, supra at 170 (“nothing in [G. L. c. 150E, § 7(d),]
purports to displace the general authority vested in a police
chief by § 97A to order his officers to a mandatory overtime
deployment when, in his judgment, the public safety so
requires”). Because the assignment of police officers is not a
proper subject of collective bargaining, there is no need to
reconcile conflicts between a police chief’s authority and
collective bargaining on assignments of police officers.
15
could order that the officer be given any duty, deployment, or
assignment. The arbitrator merely “reinstated [the officer]
with back pay.” Id. at 439. The Supreme Judicial Court
provided no hint that an arbitrator could require the police
commissioner to assign the officer to another Saint Patrick’s
Day Parade or even require that he be assigned to patrol duty.
To the contrary, the court repeatedly relied on Boston Police
Superior Officers Fedn., 466 Mass. at 216, and provided a long
list of cases holding that assignments are nondelegable. Boston
Police Patrolmen’s Assn., supra at 440, 441 & n.7.
There is no question that Officer Gutwill’s suspension may
be challenged or that, had he been terminated, the union could
seek his reinstatement. Indeed, the union could presumably
challenge any action of the police chief with respect to Officer
Gutwill (if in violation of the CBA) other than his assignment.
Similarly, if detective had been a rank in Framingham, such that
the police chief had demoted him, Officer Gutwill could have
challenged the reduction in rank.9 Although there is little
reason to doubt that Officer Gutwill’s disciplinary history was
considered in the department’s assignment decision, the
grievance materially challenged only the reassignment itself.
9 Nonetheless, his assignment remains nondelegable. For
example, if the police chief assigned a ranking detective to
patrol duties, while retaining the detective’s rank and
compensation, the assignment would not be subject to
arbitration.
16
“[The] mere characterization of a feature of a collective
bargain or an arbitration award as . . . ‘terms or conditions of
employment’ or some other subject conventionally or by law
within the scope of either process, will not save the [feature]
if in substance it defeats a declared legislative
purpose.” Lynn, 43 Mass. App. Ct. at 176, quoting
from Watertown Firefighters, Local 1347 v. Watertown, 376 Mass.
706, 714 (1978). The substantive actions disputed in this case
are within the exclusive purview of the police chief pursuant to
G. L. c. 41, § 97A, and the doctrine of nondelegability.10
Framingham is not required to justify the transfer and
reassignment of Officer Gutwill or prove that the decision,
predicated on the best interests of the department, was not
otherwise pretext behind disciplinary motives.11 Worcester, 438
10 The laws regarding the joint labor-management committee
(committee), G. L. c. 23, § 9S, inserted by St. 2007, c. 145,
§ 5, “as established by [St. 1973, c. 1078], and as most
recently amended by [St. 1987, c. 589],” do not control here.
By express provision, the committee applies only where an
impasse in collective bargaining negotiations exists between a
public employer and its employees. G. L. c. 150E, § 9. The CBA
in this case was not the result of such circumstances.
11 A different analysis would be necessary if Officer
Gutwill raised claims based on constitutional discrimination.
The doctrine of nondelegation generally must give way to the
constitutional and statutory prohibitions on invidious
discrimination. See Blue Hills Regional Dist. Sch. Comm. v.
Flight, 383 Mass. 642, 644 (1981) (creating exception to
nondelegable, managerial prerogative over educational policy for
the “[d]enial of promotion to a public employee because of her
17
Mass. at 183 (city not required to “present evidence explaining
or justifying its decision” concerning nondelegable law
enforcement action within managerial prerogative).
A simple example demonstrates why this must be so. Under
the union’s interpretation of the statutory scheme, the police
chief may freely transfer any police officer with a spotless
disciplinary record from the detective bureau to the patrol
division, and no challenge to that action would be possible.
If, however, an officer has been disciplined, any transfer of
(or, even, failure to provide a requested assignment to) that
officer could be subject to grievance and arbitration to
determine whether it was disciplinary and whether it was
supported by just cause. Such a regime not only defies logic,
but would impose an intolerable burden on a police chief’s
managerial authority “where matters of public safety are
concerned.” Saugus Pub. Safety Dispatchers Union, 65 Mass. App.
Ct. at 902.
The transfer and reassignment of Officer Gutwill is a
nondelegable decision. Parties cannot agree to arbitrate a
dispute that “lawfully cannot be the subject of
arbitration,” Department of State Police v. Massachusetts Org.
of State Engrs. & Scientists, 456 Mass. 450, 455 (2010), quoting

sex [because such denial] is constitutionally impermissible and
violates statutory proscriptions”).
18
from Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers
Assn., 372 Mass. 116, 119 (1977), and a court may not order the
arbitration of a dispute that the parties did not agree to
arbitrate. Merrimack College v. KPMG LLP, 88 Mass. App. Ct.
803, 808 (2016). Neither this court nor any arbitrator, as a
result, may contravene the decision made by the police chief in
this case. See, e.g., Massachusetts Coalition of Police, Local
165, 416 Mass. at 255–256; Sheriff of Middlesex County
v. International Bhd. of Correctional Officers, Local R1-193, 62
Mass. App. Ct. 830, 831 (2005). The matter may not be submitted
to arbitration; accordingly, Framingham is likely to succeed on
the merits as a matter of law.12
5. Public interest. On the second prong of the
preliminary injunction assessment, the requested relief promotes
the public interest. See Caplan, 479 Mass. at 95. The doctrine
of nondelegability, in respect to the exclusive managerial
prerogative of law enforcement authorities and G. L. c. 41,
§ 97A, is predicated on the prevailing interests of public
safety. See Taunton Branch of the Mass. Police Assn., 10 Mass.
App. Ct. at 243-245; Andover Police Patrolmen’s Union, 45 Mass.
App. Ct. at 169-170; Saugus Police Superior Officers Union, 64
12 We emphasize, however, that this conclusion is limited to
the arbitrability of Officer Gutwill’s assignment. Nothing here
should be taken as suggesting any opinion about the merits of
any other proceeding.
19
Mass. App. Ct. at 917. In accordance with the preceding
analysis, enjoining arbitration here promotes public safety by
allowing the effective and flexible deployment of law
enforcement resources and personnel, see Boston Police Superior
Officers Fedn., 466 Mass. at 215–216, as well as “preserv[ing]
the intended role of the governmental agency and its
accountability in the political process.” Id. at 214, quoting
from Lynn, 43 Mass. App. Ct. at 178.
6. Conclusion. Framingham is likely to succeed on the
merits of its claim, and a preliminary injunction promotes the
public interest as reflected in G. L. c. 41, § 97A, and the
doctrine of nondelegation in law enforcement decision-making.
Framingham is therefore entitled to a preliminary injunction
enjoining arbitration of the transfer and reassignment of
Officer Gutwill as grieved by the union. Because the motion
judge erred in finding otherwise, we reverse the order denying
the preliminary injunction and a new order shall enter allowing
Framingham’s motion for a preliminary injunction.
So ordered.

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Source: Orthodox Jews in Zurich Threatened: ‘He Stared at the Children, then Revealed the Knife’ | The Jewish Press – JewishPress.com | David Israel | 27 Tammuz 5778 – July 10, 2018 | JewishPress.com

Report: North Korea Tried to Extort $1B from Israel, Offering to Stop Arms Sale to Iran | The Jewish Press – JewishPress.com | Hana Levi Julian | 27 Tammuz 5778 – July 9, 2018 | JewishPress.com

Israel reportedly turned down the proposal and instead made a counter offer of food aid.

Source: Report: North Korea Tried to Extort $1B from Israel, Offering to Stop Arms Sale to Iran | The Jewish Press – JewishPress.com | Hana Levi Julian | 27 Tammuz 5778 – July 9, 2018 | JewishPress.com

Israeli spacecraft to launch in December, land on the moon next year – Hi tech news – Jerusalem Post

The spacecraft will launch on a SpaceX Falcon 9 rocket in December and is expected to land on February 13, 2019.

Source: Israeli spacecraft to launch in December, land on the moon next year – Hi tech news – Jerusalem Post

NOT WANTED: In a Huge Win for President Trump, Supreme Court Says Foreign Nationals Have No Due Process Rights Here – Can be Immediately Deported | JEWSNEWS

Contrary to what the liberal media and open-borders advocates say, immigrants are not owed same constitutional protections as regular Americans By Matt O’Brien President Donald Trump recently suggested that illegal aliens should be sent back to their countries of origin without hearings and the ye…

Source: NOT WANTED: In a Huge Win for President Trump, Supreme Court Says Foreign Nationals Have No Due Process Rights Here – Can be Immediately Deported | JEWSNEWS

Israeli scientists find mechanism that causes cancer cells to self-destruct | JEWSNEWS

Israeli scientists have made an enormous discovery that can help lead to a new treatment for at least two of the most resistant cancers that exist: pancreatic and triple negative breast cancer.

Source: Israeli scientists find mechanism that causes cancer cells to self-destruct | JEWSNEWS

Inside Pompeo’s Fraught North Korea Trip – Bloomberg

As U.S. Secretary of State Mike Pompeo touched down in Pyongyang at 10:54 a.m. on Friday he had few details of his schedule in the North Korean capital — even which hotel he and his staff would stay in.

Source: Inside Pompeo’s Fraught North Korea Trip – Bloomberg

Rudy Giuliani says Michael Cohen should cooperate with federal investigators – Washington Times

Rudy Giuliani says he has “no concerns” about the possibility that President Trump’s longtime personal attorney Michael Cohen will cooperate with federal investigators.

Source: Rudy Giuliani says Michael Cohen should cooperate with federal investigators – Washington Times

International Community Ignores Genocide of Christians in Nigeria

This brings the death toll of Christians to more than 6,000 since the start of 2018. “The Islamists of northern Nigeria seem determined to turn Nigeria into an Islamic Sultanate and replace Liberal Democracy with Sharia as the National Ideology. The

Source: International Community Ignores Genocide of Christians in Nigeria

INCREDIBLE BREAKTHROUGH: Israeli researchers give paralyzed rat the ability to walk again | JEWSNEWS

A promising research study from the Technion and Tel Aviv University is making headlines in the medical world. The Israeli researchers who took part in the study managed to give a paralyzed rat the ability to walk again. The researchers hope that their study will change spinal cord injury treatment.

Source: INCREDIBLE BREAKTHROUGH: Israeli researchers give paralyzed rat the ability to walk again | JEWSNEWS

Canadians stunned to learn that PM Trudeau has provided over $23,000,000 to Islamic groups with known terror-ties | JEWSNEWS

In 2015, Canadian Prime Minister Justin Trudeau received 75 percent of the Muslim vote. It looks as if Prime Minister Trudeau is aiming higher for 2019. Trudeau wants at least 90 percent of the Muslim vote, and he wants the Canadian taxpayer to pay for it.

Source: Canadians stunned to learn that PM Trudeau has provided over $23,000,000 to Islamic groups with known terror-ties | JEWSNEWS

What now? Pompeo exits North Korea emptyhanded, leaving US with three options — all of them bad | Fox News

Kim Jong Un seems to be carrying on a tradition in international relations begun by his grandfather and father, who ruled North Korea before him: lie, lie and lie again.

Source: What now? Pompeo exits North Korea emptyhanded, leaving US with three options — all of them bad | Fox News

North Korea bucks in nuke talks: ‘Our resolve for denuclearization … may falter’ – Washington Times

North Korea balked Saturday at the latest round of denuclearization talks with Secretary of State Mike Pompeo, calling the negotiations “extremely troubling” and warning the deal could collapse.

Source: North Korea bucks in nuke talks: ‘Our resolve for denuclearization … may falter’ – Washington Times

OIL PRICE HORROR: Iranian Revolutionary Guard threaten to CUT OFF world from oil reserves, which would send prices skyrocketing | JEWSNEWS

IRAN has threatened to cut off oil reserves to the rest of the world as the conflict with the US threatens to spiral out of control. By ISABEL VAN BRUGEN Following Donald Trump’s warnings of punishments for companies which purchase Iranian oil, President Hassan Rouhani warned Tehran could soon hal…

Source: OIL PRICE HORROR: Iranian Revolutionary Guard threaten to CUT OFF world from oil reserves, which would send prices skyrocketing | JEWSNEWS

Likud Chairman in South Africa Murdered | The Jewish Press – JewishPress.com | David Israel | 25 Tammuz 5778 – July 7, 2018 | JewishPress.com

Yaakov Hagoel, chairman of the World Likud, said the murder was apparently carried out following Kovansky’s decision to fire many of his employees because of his financial trouble.

Source: Likud Chairman in South Africa Murdered | The Jewish Press – JewishPress.com | David Israel | 25 Tammuz 5778 – July 7, 2018 | JewishPress.com