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SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 509 v. DEPARTMENT OF MENTAL HEALTH

SJC-11544

469 Mass. 323 (2014)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 509 v. DEPARTMENT OF MENTAL HEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 15, 2014.

Attorney(s) appearing for the Case

Alfred Gordon O'Connell for the plaintiff.

Jo Ann Shotwell Kaplan , Assistant Attorney General, for the defendant.

Donald J. Siegel & James A.W. Shaw , for Massachusetts AFLCIO, amicus curiae, submitted a brief.

Gerald A. McDonough , for the Auditor of the Commonwealth, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

The plaintiff, Service Employees International Union, Local 509 (union), appeals from an order of a Superior Court judge dismissing its complaint for declaratory judgment pursuant to G. L. c. 231A, §§ 1, 2, and 5. In that complaint, the union alleged that the Department of Mental Health (DMH) violated the Massachusetts privatization statute, G. L. c. 7, §§ 52-55 (Pacheco Law), by entering into...

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