Memorandum and Order on Plaintiff's Motion for Preliminary Injunction
Dear Brothers and Sisters,
We have received the following letter from our lawyer, Al Gordon:
As you know, we are still at the bargaining table with MassDOT on the COVID mandate and are still arguing to get the arbitrary October 17 deadline pushed off while we try to urge the Department to agree to a testing alternative or some other alternative for those members who choose not to vaccinate. As you also know, the larger state-wide unions have a head start on their bargaining and thus also have a head start on legal proceedings both at the DLR and in the Courts.
The one Union furthest out ahead is the State Police Association of Massachusetts (SPAM), which has already filed charges at the DLR and filed for an injunction in the Superior Court. I reviewed their filings, spoke with their counsel, and attended the Court hearings on Wednesday morning. SPAM’s attorney argued the case forcefully and intelligently, but despite his strong efforts, the Court issued its ruling late yesterday (attached) denying SPAM’s request for an injunction. While the Court didn’t accept the Commonwealth’s argument that the Court lacked jurisdiction, the Court ruled that SPAM failed to show irreparable harm and also that the granting of the injunction would be against the public interest.
