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BOARD OF HIGHER EDUCATION v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD

SJC-12621.

483 Mass. 310 (2019)

BOARD OF HIGHER EDUCATION v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

October 7, 2019.

Attorney(s) appearing for the Case

James B. Cox , Special Assistant Attorney General, for the employer.

T. Jane Gabriel , for Commonwealth Employment Relations Board.

Laurie R. Houle , for the intervener.

Present: GANTS, C.J., LENK, LOWY, BUDD, CYPHER, & KAFKER, JJ.

We have long recognized the tension between the statutory right of public employees to bargain collectively the terms and conditions of their employment with public employers and the Legislature's intent to bestow upon those employers nondelegable managerial responsibilities. The relationship between

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