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

No. SJC-12035.

476 Mass. 51 (2016)

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

Supreme Judicial Court of Massachusetts, Suffolk.

November 22, 2016.

Attorney(s) appearing for the Case

Ian O. Russell ( Katherine D. Shea with him) for the plaintiff.

Iraida J. Álvarez , Assistant Attorney General, for Department of Mental Health.

Carl Valvo & Ariel G. Sullivan , for Advocates, Inc., & others, were present but did not argue.

Mark G. Matuschak & Robert Kingsley Smith , for Pioneer Institute, Inc., were present but did not argue.

Anita S. Lichtblau & Robert E. Cowden, III , for Massachusetts Council of Human Services Providers, Inc., & others, amici curiae, submitted a brief.

Present: GANTS, C.J., BOTSFORD, LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

This is the second time that the plaintiff labor union appeals from dismissal of the declaratory judgment action it first brought against the Department of Mental Health (DMH or agency) in 2012. Service Employees International Union, Local 509 (SEIU or union) maintains that certain contracts DMH made in 2009 with private vendors are "privatization...

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