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BOSTON TEACHERS UNION, LOCAL 66 v. EDGAR

Nos. 85-1589, 85-1632.

787 F.2d 12 (1986)

BOSTON TEACHERS UNION, LOCAL 66, AFT, AFL-CIO, Plaintiff, Appellant, v. Paul T. EDGAR, et al., Defendants, Appellees. BOSTON TEACHERS UNION, LOCAL 66, AFT, AFL-CIO, Plaintiffs, Appellees, v. Paul T. EDGAR, et al., Defendants, Appellees. Appeal of SCHOOL COMMITTEE OF the CITY OF BOSTON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 27, 1986.

Attorney(s) appearing for the Case

James T. Grady with whom Kevin Hern, Jr. and Grady, Dumont & Dwyer, Boston, Mass., were on brief, for Boston Teachers Union.

Marien Evans, Boston, Mass., for Boston School Committee.

William L. Pardee, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Com'rs of Mass. Labor Relations Com'n.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

The Boston Teachers Union, Local 66, AFT, AFL-CIO (the "Union"), brought an action against the Boston School Committee and the Commissioners of the Massachusetts Labor Relations Commission seeking a declaration that the provisions of Mass.Gen.Laws ch. 150E, § 9A (1984), which prohibits public employees and their unions from inducing, encouraging, or condoning a strike, violate the first amendment. Finding there was no longer a...

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