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.
A three-judge panel for the appeals court unanimously said Sgt. John Babcock, of the Newton Police Department, transferring departments did not constitute an adverse action under his union’s collective bargaining agreement. The panel said the move aligned with the union’s agreement between it and the department since he received an increase in compensation and also did not prove the change resulted in any other modification to the terms and conditions of his employment.
