ALLIANCE, AFSCME/SEIU, AFL-CIO v. COMMONWEALTH


425 Mass. 534 (1997)

ALLIANCE, AFSCME/SEIU, AFL-CIO & another v. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 23, 1997.


Attorney(s) appearing for the Case

Susan Jacobson McCauley for the plaintiffs.

Thomas H. Green, Assistant Attorney General, for the defendants.

Michael Tuteur, Special Assistant Attorney General, for the Governor, amicus curiae.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.


FRIED, J.

The plaintiffs, who represent certain State employees, seek a declaratory judgment that the Governor's disapproval of a clause requiring not less than thirty-nine full-time equivalent (FTE) positions as part of a budget item providing funding for early intervention services to certain children under the age of three and their families is an invalid exercise of the Governor's authority. The case is remanded to the single justice to enter an order dismissing...

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