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SCHOOL COMMITTEE OF HANOVER v. CURRY

369 Mass. 683 (1976)

343 N.E.2d 144

SCHOOL COMMITTEE OF HANOVER vs. JOHN CURRY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 3, 1976.

Attorney(s) appearing for the Case

Charles M. Healey, III (Brian A. Riley with him) for Hanover Teachers' Association.

Paul J. Kingston (Robert W. Garrett with him) for the School Committee of Hanover.

Jeffrey M. Freedman, for Massachusetts Teachers Association, and Austin Broadhurst & Philip S. Lapatin, for the Massachusetts Association of School Committees, amici curiae, submitted briefs.

Present: HENNESSEY, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

The Hanover school committee (committee) unilaterally abolished the position of supervisor of music, and the Hanover Teachers' Association (association) invoked the arbitration provisions of the collective bargaining agreement on behalf of the employee involved. The Appeals Court held that the abolition of the position "was committed to the exclusive, nondelegable decision of the school committee by G.L.c. 71, § 37, ... that the issue here should...

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