Shea v. City of Springfield, 391 N.E.2d 1253 (Mass. App. Ct. 1979). · Go Syfert
Shea v. City of Springfield, 391 N.E.2d 1253 (Mass. App. Ct. 1979). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Medfield Police League v. Board of Selectmen (massappct, 1980-07-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Medfield Police League v. Board of Selectmen
Mass. App. Ct. · 1980 · signal: see · confidence high
See Shea v. Springfield, 8 Mass. App. Ct. 883, 884 (1979), citing Erickson v. Waltham, 2 Mass. App. Ct. 436, 450-451 . (1974).
Retrieving the full opinion text from the archive…
Daniel J. Shea
v.
City of Springfield (and a companion case)
Massachusetts Appeals Court.
Jul 17, 1979.
391 N.E.2d 1253
William P. O’Neill, Assistant City Solicitor, for the defendant., Frederick S. Pillsbury for Daniel J. Shea., Ralph L. Atkins for Robert C. McKenzie.
Cited by 1 opinion  |  Published

1. These cases are governed by Holyoke Police Relief Assn. v. Mayor of Holyoke, 358 Mass. 350 (1970), as the trial judge ruled. Like Holyoke, Springfield has accepted the provisions of G. L. c. 41, § 111D, and G. L. c. 147, §§ 16C & 17, and under that configuration of applicable statutes the policemen are entitled, as the Holyoke case held, to the number of calendar weeks of vacation specified in G. L. c. 41, § HID, in addition to the total of 104 days off specified in G. L. c. 147, §§ 16C & 17. In Gurley v. Bridgewater, 4 Mass. App. Ct. 149 (1976), the town had not accepted G. L. c. 41, § 111D; and in McNamara v. Selectmen of Westwood, 5 Mass. App. Ct. 805 (1977), the town had not accepted G. L. c. 147, §§ 16C & 17. 2. There is no merit to the contention that the judge erred in "retroactively applying the Holyoke decision.” That case merely determined the legal effect of the applicable statutes; it did not purport to alter their meaning. 3. The judge did not err in ruling that the collective bargaining agreements[*884] were meant to preserve the vacation benefits to which the policemen were legally entitled prior to their effective dates. 4. It is not clear whether the city still presses the defense of laches; but, on the judge’s findings, it is clear that the defense has not been made out, for the reasons stated in Erickson v. Waltham, 2 Mass. App. Ct. 436, 450-451 (1974).

William P. O’Neill, Assistant City Solicitor, for the defendant. Frederick S. Pillsbury for Daniel J. Shea. Ralph L. Atkins for Robert C. McKenzie.

Judgments affirmed.