Sunday, October 16, 2011

Award overturned as contrary to public policy of non-discrimination

The North Andover Eagle Tribune has an article reporting on the Massachusetts Appeals Court decision upholding the setting aside of an arbitration award reinstating two Middleton Jail corrections officers.  State Appeals Court upholds firings of jail guards for racist posts. The two individuals were terminated as a result of what the court determined to be racist posts on a union run web site. The arbitrator had overturned the terminations, but the court concluded that “Non-discrimination is integral to the proper performance of the duties of the employees, who are correctional officers”. As a result, the court found that the award of reinstatement contravened a strong public policy against discrimination.

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