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Court says Boston can lay off 16 housing workers in ruling that could shake up municipal contract talks across state

The Supreme Judicial Court ruled today the Boston Housing Authority had the right to lay off 16 boiler inspectors in 2006, because a contract clause that prohibited layoffs had expired along with the rest of the contract a couple years earlier.

An arbitrator had ordered the authority to rehire the 16 workers, because the contract had an "evergreen" clause that required provisions of the old contract to continue until a new agreement was reached. But in a 4-2 ruling issued today, the state's highest court said that violates a state law that sets a three-year limit on the length of municipal collective-bargaining agreements:

We recognize that an evergreen clause is designed to maintain the status quo in labor relations and provide for a continuing code of conduct while parties negotiate a new bargaining agreement. ... However, the effect of an evergreen clause is to preserve and maintain all of the provisions of a CBA, thereby extending its duration beyond three years, which is prohibited by G.L. c. 150E, § 7 (a).

The two dissenting judges noted the state Division of Labor Relations had upheld evergreen clauses since at least 1977 and that another section of the law allows evergreen clauses to protect workers' rights.

Complete ruling.


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Wakefield lawyer learns that filing for bankruptcy means you have to report your million-dollar scratch tickets

James Gregson, 39, pleaded guilty today to two counts of bankruptcy fraud for hiding his annual winnings from two $1-million scratch tickets from trustees handling his bankruptcy - and lying in court about how he came by to have the two tickets, the US Attorney's office reports.

According to a federal "information" in his case, Gregson spent $400,000 - including $150,000 from a client trust fund - to buy the two tickets from the original winners in 2002 and 2003. That way, they'd get money up front and he'd get guaranteed payments of $70,000 for at least 13 years.

Gregson filed for bankruptcy in 2005, failed to note the annual lottery income. But then the trustee handling his bankruptcy got a tip about the winnings. When Gregson was asked in court about them, he said his wife had bought the tickets, using money from his parents.

Also, in 2003, he claimed no "total taxable income" on his federal tax return, when, in fact, he had income of more than $450,000, the feds say.

The lying and covering up could get Gregson up to five years in the federal pen when he's sentenced in January, the US Attorney's office says.

Gregson lost his Massachusetts law license in 2008.

Complete information.


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Getting thin

Local Blogger Michael Prager reports his new book, Fat Boy, Thin Man is out:

He lost hundreds of pounds in his first 30-plus years, but never kept weight off until he began accepting the practices and treatments that have been helping addicts for three-quarters of a century. His startling results have convinced him that food addiction exists, despite little acceptance in mainstream medicine and popular belief.


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Getting beyond the quadruple murders along Blue Hill Avenue

In the Phoenix, Chris Faraone writes:

The recent murders in Mattapan only hint at the problems that fester on and around Blue Hill Avenue

Still, there are a few bright spots, he writes, starting with bustling Mattapan Square.


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Media notes: Newburyport vs. Revere

Not much happens in Newburyport, and they like it that way, based on what's at the top of today's Newburyport Daily News: Three bold mice scamper around at elementary school.

Gallivan confirmed one brazen mouse appeared mysteriously from the ceiling of one classroom while students were out, presumably from the tracking strip that guides dividing curtains in several of the school's classrooms.

Via John Ryan Gallagher, who provides a photo of the front page in its majesty.

Meanwhile, a bit closer to home, the Revere Journal has some confusingly written story about how one candidate for mayor is accusing somebody of trying to get police involved in some sort of sting involving him allegedly drinking and driving:

Late last week, it was alleged by someone who came forward to Police Chief Terence Reardon but whose name has not been revealed by the police that Councillor Rotondo tried to pay a local bartender to take photographs of Councillor Rizzo as he dined and drank at the bar. A second part of the allegation indicates that Rotondo allegedly called on a local police officer to wait for Rizzo and then to stop him for a potential Operating While Intoxicated (OUI) charge when he got in his automobile and tried to drive away.

Via Don Martelli, who wishes his local paper would cover actual issues:

Why does the Journal have to cover such bullshit "news" as this. The story was obviously a plant by one of the other candidates or at least planted by someone who doesn't want to see Rotondo in the corner office. The question is, why is that? Are they afraid that he'll actually try to DO the job of mayor? God-forbid someone actually hold the title of mayor and work on behalf of the taxpayers that put them in office. Is that so hard to ask?

So then, is it so hard to ask the only newspaper that really covers local issues in this city to focus on the concerns of their readers? How does an article like the one in question inform the voters about who to support?


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Five Lexington firefighters sue state to clear names over EMT training scandal

Five Lexington firefighters who say they were incorrectly accused of shirking their responsibility to attend EMT re-training classes want the state to strike their names from its records on the scandal.

The five were among the first investigated by the state in an investigation into a scandal involving falsified certifications for EMT retraining. The Lexington firefighter in charge of retraining was charged with filling out certifications for the five and more than 30 other EMTs in the area.

But in a suit filed yesterday in US District Court in Boston, firefighters Joseph Foley, John Ritchie, George-Arthur Robinson, Mark Schofield and Kenneth Tremblay said they did nothing to warrant having their pay cut - and their names dragged through the mud.

All five said they missed a recertification class in March because of illness injury or, in one case, because the firefighter was in Pennsylvania getting advanced firefighting training. In fact, they say they didn't even know the class had been held, that they were surprised to get recertification cards, and that they then asked for - and took - actual retraining classes.

The five charge that in addition to the loss of pay from being unable to work as EMTs over part of the summer:

The actions of the Defendants ... constitute a deprivation of Plaintiffs' liberty interests, by issuing complaints that included false accusations of wrongdoing by the Plaintiffs, which accusations were publicized their communities and thereby caused irreparable harm to their reputations, without providing notice of the allegations against them or the opportunity to be heard in their own defense, all in violation of substantive Due Process as guaranteed by the Fourteenth Amendment to the United States Constitution.

Complete complaint.


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He just sat there like a statue

More video.

Very excited Cassidy relates her Shaq encounter (actual Shaqness is around 2:35):


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Campaign roundup: The mystery of the state's unemployment numbers

Look for the Dems to crow that the state's unemployment rate is down and the Republicans to thunder about how the number of jobless increased. The Globe attempts to explain how that could happen; the Herald gleefully predicts the crushing job-loss news will crush Deval Patrick's chances.

Associated Press reports the four candidates for governor split on the death penalty in their debate somewhere west of Worcester last night. Globe: Patrick is one happy warrior.

The Herald really can't stand Barney Frank: It calls him a lying liar and lovingly notes that Sean Bielat is a Democrat whose party left him.

The Herald also, finally, notes the Jeff Perry saga: GOP rallies around Jeff Perry.

Punditocracy: Scot Lehigh is disappointed in vague Carla Howell and says Question 3, which would cut the state sales tax by more than half, goes too far. Brian McGrory gets his Andy Rooney on and complains about campaign ads on TV. The Herald's token Republican operative doesn't like Tim Cahill.


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Cooperating Witness testifies he gave Turner a bribe

The Globe reports on Ron Wilburn's testimony.


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Ten people burned out of Hyde Park home

A fire tonight at 265 West St., across from the West Street playground, displaced eight adults and two children, Boston Police tweet.

Thu, 10/21/2010 - 21:00


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