Boston Police Patrolmen's Ass'n v. City of Boston

805 N.E.2d 80, 60 Mass. App. Ct. 672, 175 L.R.R.M. (BNA) 2230, 2004 Mass. App. LEXIS 298
CourtMassachusetts Appeals Court
DecidedMarch 22, 2004
DocketNo. 02-P-883
StatusPublished
Cited by7 cases

This text of 805 N.E.2d 80 (Boston Police Patrolmen's Ass'n v. City of Boston) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boston Police Patrolmen's Ass'n v. City of Boston, 805 N.E.2d 80, 60 Mass. App. Ct. 672, 175 L.R.R.M. (BNA) 2230, 2004 Mass. App. LEXIS 298 (Mass. Ct. App. 2004).

Opinion

Cowin, J.

Pursuant to a collective bargaining agreement, Boston police Officer John Bergquist grieved, then demanded arbitration regarding, a three-day suspension. An arbitrator upheld the charge of the city of Boston (city) that Bergquist had engaged in conduct unbecoming an officer, but found in favor of Bergquist on the charges of neglect of duty and failure to obey the orders and directives of a superior. The arbitrator then concluded that, given proof of only the single charge and Bergquist’s prior clean disciplinary record, a three-day suspension was excessive, and ordered that the penalty be reduced to a written reprimand.

[673]*673The city commenced an action to vacate the arbitrator’s award, see G. L. c. 150C, § 11, on the ground that the arbitrator, having found that one of the charges had been proved, exceeded her authority by substituting her judgment for that of the city regarding the penalty to be imposed. A judge of the Superior Court agreed and entered a judgment that vacated the portion of the arbitrator’s award reducing the penalty and that affirmed the three-day suspension.1 The Boston Police Patrolmen’s Association, Bergquist’s union, appealed on his behalf. We reverse and reinstate the arbitrator’s award.

1. Background. The case arises out of a dispute between Bergquist and his patrol supervisor, Sergeant David Allen, regarding Bergquist’s alleged failure to write parking tickets. The facts pertaining to the confrontation are disputed, but a decision in this appeal does not turn on resolving the factual disagreements. The case was precipitated by a written notice served on Bergquist by Captain Frederick Daniels that set forth that Bergquist would be suspended for three days for violating department rules governing conduct unbecoming an officer, neglect of duty, and failure to obey orders and directives. Bergquist made a timely request for a departmental hearing; the hearing was conducted; and the suspension was upheld by the police commissioner. The union, in accordance with an applicable collective bargaining agreement, filed a grievance on Bergquist’s behalf; the grievance was denied after a hearing; and the union demanded arbitration.

The single arbitrator formulated the issues as follows:2 “Is the grievance arbitrable?

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Bluebook (online)
805 N.E.2d 80, 60 Mass. App. Ct. 672, 175 L.R.R.M. (BNA) 2230, 2004 Mass. App. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-police-patrolmens-assn-v-city-of-boston-massappct-2004.