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MASS. HIGHWAY DEP'T v. AM. FED'N OF STATE, CTY. & MUN.

420 Mass. 13 (1995)

MASSACHUSETTS HIGHWAY DEPARTMENT vs. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 93.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 1995.

Attorney(s) appearing for the Case

Douglas H. Wilkins, Assistant Attorney General, for the plaintiff.

Wayne Soini for the defendant.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

On June 13, 1991, a search by State police of the locked toolbox of John Arsenault, an employee of the Massachusetts Highway Department (department), yielded a loaded handgun with its serial number obliterated.1 The department had a written policy against having weapons on work premises. Violation of the policy could result in "appropriate disciplinary action up to and including termination...

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