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LOCAL DIV. 589, ETC. v. COMM. OF MASS.

Nos. 81-1180, 81-1198 and 81-1219.

666 F.2d 618 (1981)

LOCAL DIVISION 589, AMALGAMATED TRANSIT UNION, AFL-CIO, CLC, Plaintiff, Appellant, v. The COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellees. LOCAL DIVISION 589, AMALGAMATED TRANSIT UNION, AFL-CIO, et al., Plaintiffs, Appellees, v. The COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellants. LOCAL DIVISION 589, AMALGAMATED TRANSIT UNION, AFL-CIO, Plaintiff, Appellee, v. The COMMONWEALTH OF MASSACHUSETTS, Defendant, Appellee, Massachusetts Bay Transportation Authority, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 30, 1981.

On Motion For Rehearing October 23, 1981.

Attorney(s) appearing for the Case

Linda R. Hirshman, Chicago, Ill., with whom Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., Earle Putnam, Gen. Counsel, Douglas Taylor and Gromfine, Sternstein, Rosen & Taylor, P. C., Washington, D. C., were on brief, for Local Division 589, Amalgamated Transit Union.

Dwight Golann, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Mitchell J. Sikora, Jr., Bruce E. Mohl, Stephen M. Limon, Asst. Attys. Gen., Boston, Mass. and Max Beck, Legal Intern, were on brief, for The Com. of Mass., et al.

Joseph Elcock, Gen. Counsel, Boston, Mass., with whom Ronald G. Busconi, Asst. Gen. Counsel, Boston, Mass., was on brief for the Massachusetts Bay Transportation Authority.

William J. Riley and Flamm, Kaplan, Paven & Feinberg, Boston, Mass., on brief for the Boston Lodge 264, District 38, Intern. Ass'n of Machinists and Aerospace Workers.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

This case raises two difficult and important sets of questions concerning collective bargaining and rapid transit. First, can the Commonwealth of Massachusetts enact statutes that are inconsistent with assurances that its Transit Authority previously gave the Secretary of Labor as part of an application for federal grant money? Second, do those Massachusetts statutes unconstitutionally impair pre-existing collective bargaining contracts? We...

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