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COMMONWEALTH v. MASSACHUSETTS ORGANIZATION OF STATE ENGINEERS AND SCIENTISTS

423 Mass. 667 (1996)

COMMONWEALTH v. MASSACHUSETTS ORGANIZATION OF STATE ENGINEERS AND SCIENTISTS.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 1996.

Attorney(s) appearing for the Case

James P. McDonagh (Ann M. Looney with him) for the defendant.

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

Present: ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

ABRAMS, J.

At issue is whether paid vacation, holidays, and sick leave are "salary," which G. L. c. 32, § 28K (1994 ed.),1 bars the Commonwealth from providing to employees on union leave, or are distinct "benefits and privileges," which § 28K requires the Commonwealth furnish such employees while on union leave. An arbitrator's award required the Commonwealth to credit paid vacation...

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