City of Everett v. International Brotherhood of Police Officers

693 N.E.2d 1042, 44 Mass. App. Ct. 671, 158 L.R.R.M. (BNA) 2750, 1998 Mass. App. LEXIS 396
Massachusetts Appeals Court·Decided May 1, 1998·No. No. 96-P-0579·Published·Cited by 2 cases

Opinion

Perretta, J.

Based upon his interpretation of the collective bargaining agreement between the city and the police unions, the arbitrator found that the city had violated the parties’ agreement by deducting ten percent of the cost of premiums for health maintenance organization (HMO) insurance from the pay of those officers insured under such plans and ordered the city to reimburse the officers for the deductions made during the fiscal year in dispute, 1991. A Superior Court judge determined that any error in the arbitrator’s decision was beyond the scope of judicial review and dismissed the city’s motion to vacate the award.1 The city argues on its appeal that, because the arbitrator’s award is based upon an error of law which taints his [672] decision and requires enforcement of an illegal parity clause, we should decide the controversy de novo rather than under the well-settled principle that an arbitrator’s errors of law are binding absent the existence of one of the grounds enumerated in G. L. c. 150C, § 11(a). We affirm the judgment. •

1. The police officers’ collective bargaining agreement. Paragraph 15.1(a) of Article 15 of the collective bargaining agreement between the parties, in effect from July 1, 1988, through June 30, 1991, provides, in pertinent part:

“The City agrees to maintain in effect for the duration of this Agreement the following programs of insurance: (a) Blue Cross-Blue Shield benefits as set forth in the Employee Booklet dated May 9, 1967 (effective January 1, 1967) which is hereby incorporated by reference. If greater benefits are adopted, for other city employees, such increased benefits shall be granted to employees under this agreement’2 (emphasis in original).

Because the city paid one hundred percent of the cost of the premium for its firefighters insured under HMO plans for fiscal year 1991, the police claimed that, based upon paragraph 15.1(a) of Article 15 of their bargaining agreement, they were entitled to reimbursement for their contributions to HMO premiums during the same fiscal year, July 1, 1990, through June 30, 1991.

2. The firefighters’ greater health benefits. To put the present dispute in context, it is necessary to explain why the firefighters insured under HMO plans contributed nothing toward the premiums during fiscal year 1991. The city’s agreement with its firefighters provided that the city agreed to maintain for the duration of the agreement, July 1, 1988, through June 30, 1991 (the same period as the police officers’ agreement), Blue Cross/ Blue Shield Municipal Master Medical Plan (Blue Cross/Blue Shield) insurance in effect on July 1, 1974, “or its equivalent” (emphasis supplied). Everett v. Labor Relations Commn., 416 [673] Mass. 620, 621 (1993) (Everett II). The agreement also provided that the amount of employee premium contributions to the offered insurance programs was fixed as of July 1, 1974, and that increases after that date would be borne by the city. Ibid. Because the cost of HMO coverage was less than the city’s contribution for the Blue Cross/Blue Shield plan, firefighters who elected HMO coverage contributed nothing toward the cost of the premiums for their coverage. Ibid.

General Laws c. 32B, § 16, was amended by St. 1989, c. 653, § 37, during the term of the firefighters’ agreement. As amended, § 16 requires that a public employee choosing HMO coverage contribute a “minimum of ten per cent of the total monthly premium cost” for his or her coverage. The statute, however, also contains a “savings” or “grandfather” provision. Chapter 653, § 218, provides in relevant part:

“Notwithstanding the [pertinent] provisions ... of section sixteen of chapter thirty-two of the General Laws, the percent contribution to the total monthly premium cost or rate for coverage under said section sixteen for any employees of any governmental unit where such percent contribution is determined by a collective bargaining agreement as of the effective date of this act shall not be altered until the expiration date of said collective bargaining agreement, unless the parties to said agreement agree otherwise.”

When, after the enactment of Chapter 653, the city announced that employees covered by an HMO would be required to contribute a minimum of ten percent toward the monthly premium cost, the firefighters’ union filed a charge with the Labor Relations Commission (commission) alleging that the city had engaged in a prohibited practice by unilaterally deducting ten percent of the HMO premium costs, thereby directly violating its duty to bargain under G. L. c. 150E, § 10(a)(5).3 Based upon the language of the firefighters’ agreement, that the city would provide the “Blue Cross/Blue Shield Municipal Master Medical Plan in effect on July 1, 1974,” or “its [674] equivalent,” Everett II, 416 Mass. at 625, and the testimony of the union’s president, that the parties to the agreement intended to treat HMO coverage the same as Blue Cross/Blue Shield, the commission found that the city had agreed to contribute the same amount for Blue Cross/Blue Shield or its equivalent, and that the city knew at the time it entered into the agreement that its terms would result in its payment of one hundred percent of the premiums for HMO coverage. Id. at 626. Because the city, under the bargaining agreement, had agreed to contribute the same dollar amount toward both types of coverage, the agreement determined the percentage contribution rate toward HMO coverage which was, therefore, entitled to the grandfather protection provided by St. 1989, c. 653, § 218. Id. at 626-627.

Based upon this reasoning, the commission ordered the city to reimburse the firefighters their ten percent contributions, with interest, which had been deducted from their pay from July 1, 1990, through June 30, 1991, the expiration date of the collective bargaining agreement. On the city’s appeal, the court found and concluded that the commission’s decision was based upon substantial evidence and “accepted] ” its determinations. Id. at 627.

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City of Everett v. International Brotherhood of Police Officers, 693 N.E.2d 1042, 44 Mass. App. Ct. 671, 158 L.R.R.M. (BNA) 2750, 1998 Mass. App. LEXIS 396 (Mass. Ct. App. 1998).

693 N.E.2d 1042 (City of Everett v. International Brotherhood of Police Officers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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