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MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT v. MIDDLEBOROUGH

No. 97-P-1525.

48 Mass. App. Ct. 427 (2000)

MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT v. TOWN OF MIDDLEBOROUGH & another.

Court of Appeals of Massachusetts, Plymouth.

January 11, 2000.

Attorney(s) appearing for the Case

Steven A. Torres for AFSCME Council 93, AFL-CIO Local 1729.

Daniel F. Murray for town of Middleborough.

Present: GREENBERG, LAURENCE, & BECK, JJ.

BECK, J.

There are three parties to this dispute: the town of Middleborough, the Middleborough Gas and Electric Department (department), and AFSCME Council 93 (union). The issue concerns an article of the collective bargaining agreement between the department and the union. The town claims that the article violates certain provisions of G. L. c. 32B, the statute governing municipal health care plans. The town therefore refused to process payments under the article...

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