9 Mass. App. Ct. 898 | Mass. App. Ct. | 1980
The defendant appeals from a judgment of the court vacating the arbitrator’s award of differential back pay to the defendant
In assigning the police officer to District 15, the commissioner exercised his inherent managerial power to assign and transfer superior officers. The commissioner’s authority is derived from St. 1906, c. 291, as amended by St. 1962, c. 322, § 1 (Boston v. Boston Police Patrolmen’s Assn., 8 Mass. App. Ct. 220, 226-227 [1979]), in particular, c. 291, § 10, which grants the commissioner “authority to appoint. . . and organize the police . . . [and to] appoint. . . captains and other officers as he may from time to time deem proper,” and, § 11, giving the commissioner “cognizance and control of the government, administration [and] disposition ... of the department . . . .” Although G. L. c. 150E, § 7(d), gives collective bargaining agreements precedence over certain enumerated statutes, c. 291 is not among those listed. Therefore, the provisions of
Judgment affirmed.
The parties stipulated before the arbitrator that the grievant was the defendant, and not individual superior officers, and that any back pay award should be made to the defendant, which would allocate appropriate sums to any individual officers entitled to compensation. •