John Babcock had been the president of the Newton Police Association in Massachusetts between 1996 until his promotion in 2009; by 2014, he had a new leadership role as vice-president of the Newton Police Superior Officers Association, and by 2016, he was leading that union as president. That year, Babcock and Police Chief David MacDonald “had a heated exchange. Specifically, during contract negotiations, MacDonald swore at Babcock and threw a document at him. MacDonald denied hitting Babcock; nevertheless, he apologized, explaining that he sometimes gets ‘hot and wordy.’”
“A second dispute between Babcock and MacDonald also arose in 2016 after MacDonald informed Babcock that he planned to change the city’s policy regarding the use of special leave. In response, the Association threatened to file an unfair labor practice charge. The City did not implement the proposed change. Babcock testified that MacDonald told Babcock that he ‘wasn’t happy’ with Babcock blocking his efforts to effectuate change.”
On April 23, 2018, MacDonald transferred Babcock from his Monday-Friday, regular daytime hours shift to a much less-desirable night shift. The transfer occurred while several union-related disputes remained pending, including a challenge to the chief’s authority to order psychological testing for officers. Notably, the Department had never before involuntarily transferred a sergeant from a specialty assignment like traffic bureau.
“In his new position, Babcock was required to work nights on a rotating schedule. The inconsistent schedule resulted in different days off each week and routinely required Babcock to work weekends and holidays. Moreover, the new schedule allowed only an eight-hour break between the end of an 11 p.m. to 7 a.m. shift and the start of the following 3 p.m. to 11 p.m. shift. By comparison, his prior position allowed more than fifteen hours between shifts… Babcock received an eight percent pay increase for working nights.”
The Commonwealth Department of Labor Relations found that the transfer had not been retaliatory, while the Commonwealth Employment Relations Board reversed. The City appealed, and the matter made its way to the Supreme Judicial Court of Massachusetts.
The Court’s unanimous affirmed the Board’s finding that the transfer constituted unlawful retaliation for Babcock’s protected union activities, emphasizing that an employment action can be materially adverse even when accompanied by contractual pay increases, rejecting the City’s argument that compliance with the collective bargaining agreement’s shift differential provisions immunized the transfer from scrutiny.
The Court applied the familiar three-stage burden-shifting framework for retaliation claims. It found the Association established a prima facie case by showing Babcock’s protected activities, the adverse transfer, and temporal proximity between them. The City failed at the second stage by not producing evidence connecting the transfer to Babcock’s prior disciplinary issues rather than his union work.
Newton v. Commonwealth Employment Relations Board, 258 N.E.3d 1114 (Mass. 2025).