Court: Police commissioner can transfer officers even if they're union officials

The Supreme Judicial Court ruled today Police Commissioner Ed Davis had the right to transfer a sergeant out of the Brighton station even though a provision of his union's contract forbids that without his permission.

The state's highest court said state law, which gives the commissioner"authority over the assignment and organization of the officers within the department" trumps contract language barring the "involuntary" transfer of certain supervisory officers - even if the city itself had agreed to that language to help settle a lawsuit over transfers aimed at punishing officers for their union activities.

Regardless whether the city's consent to [the non-transfer clause], may be gleaned from the fraught history between the parties, a nondelegable authority may not be delegated to an arbitrator, even with the parties' consent.

Before going to the SJC, the two sides had gone to an arbitrator, who ruled in the union's favor.

At issue was Davis's transfer of a sergeant following a 2007 incident inside the D-14 station:

Sergeant Ralph Caulfield is a Boston police officer who served as an area representative of the union at the D-14 police station in the Brighton section of Boston. In January, 2007, Caulfield and another sergeant were involved in a physical fight in the duty supervisor room, during which Caulfield punched the other officer in the face. The station captain suspended the other officer, but did not suspend or otherwise discipline Caulfield. Although the two men did not work on the same shift, as supervisors they were required to interact and to exchange information during shift changes. The other officer said that an underlying tension remained between the two. The station captain and the chief of field services for the department agreed that Caulfied's effectiveness as a supervisor had been compromised, and discussed transferring him. A transfer order was issued in June, 2007, but was quickly rescinded, and Caulfield was placed on medical leave until September 14, 2007, when he returned to the D-14 station. In February, 2008, he was transferred due to what the city said were ongoing concerns about his supervisory authority. The union then filed a grievance on his behalf.

• Complete ruling, City of Boston vs. Boston Police Superior Officers Federation