City of Taunton v. Taunton Branch of the Massachusetts Police Ass'n

406 N.E.2d 1298, 10 Mass. App. Ct. 237, 109 L.R.R.M. (BNA) 2228, 1980 Mass. App. LEXIS 1232
CourtMassachusetts Appeals Court
DecidedJuly 11, 1980
StatusPublished
Cited by3 cases

This text of 406 N.E.2d 1298 (City of Taunton v. Taunton Branch of the Massachusetts Police Ass'n) 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
City of Taunton v. Taunton Branch of the Massachusetts Police Ass'n, 406 N.E.2d 1298, 10 Mass. App. Ct. 237, 109 L.R.R.M. (BNA) 2228, 1980 Mass. App. LEXIS 1232 (Mass. Ct. App. 1980).

Opinion

Brown, J.

Negotiations between the city of Taunton (city) and the Taunton Branch of the Massachusetts Police Association (association), the collective bargaining representa[238]*238tive of the city’s police officers, failed to produce a collective bargaining agreement for the period commencing on July 1, 1976. On July 26, 1976, the Board of Conciliation and Arbitration (board) appointed a “fact finder” to resolve the impasse. G. L. c. 150E, § 9, inserted by St. 1973, c. 1078, § 2. On December 10, 1976, the fact finder made findings and recommendations. When these failed to resolve the impasse, the association, pursuant to St. 1973, c. 1078, § 4,1 petitioned the board to investigate. The board’s investigation led to the appointment of a three-member arbitration panel to conduct “last and best offer” arbitration.

After hearings before the panel, the city and the association submitted written statements of their last and best offers on May 27, 1977. Only three issues still separated the two sides: (1) the city’s share of the premiums for the police officers’ Blue Cross-Blue Shield and group life insurance coverage, (2) the hourly rate of pay for police officers serving on “extra paid details” at polling places, and (3) certain questions concerning the police chief’s power to assign officers to shifts. The association, in its last, best offer, pressed its demand that the city’s share of the Blue Cross-Blue Shield and group life insurance premium be increased from the fifty percent provided for in the previous collective bargaining agreement to seventy-five percent, but the association withdrew its earlier demand that the hourly rate for polling place duty be increased from $4.00 to $8.00. On the matter of shift assignments, the association continued to seek inclusion in the collective bargaining agreement of three provisions from the predecessor agreement which the city maintained conflicted with its management prerogatives. These provisions were Article VIII, § 1, of the predecessor agreement setting forth the procedure to be followed by the city when involuntarily [239]*239transferring a police officer from one shift to another,2 Article VIII, § 2, prohibiting the rotation of shifts,3 and Article IX, § 3, as amended during the life of the predecessor agreement, providing that all assignments on each shift be filled by regular officers.4

The city in its last, best offer refused to pay any more than fifty percent of the Blue Cross-Blue Shield and life insurance premium in effect on July 1, 1976, but it did agree to pay sixty percent of any increase in the premium taking effect after that date. The city was also willing to pay $6.00 an hour and time and one-half after eight hours to police officers on polling place duty. On the matter of shift assign-[240]*240merits, the city contended that Article VIII, §§ 1 & 2, and Article IX, § 3, concerned matters outside the jurisdiction of the arbitration panel as defined in St. 1973, c. 1078, § 4,5 and that as a result the association’s entire offer, even as modified, was invalid and the panel must choose the city’s.

On September 1, 1977, a majority of the panel chose the association’s offer, as modified (see note 4, supra). “This under the law became the award, ‘final and binding upon the parties and upon the appropriate legislative body.’” Marlborough Firefighters, Local 1714 v. Marlborough, 375 Mass. 593, 594 (1978).

The city filed in the Superior Court a “petition to vacate opinion and award of arbitration panel.” The association by counterclaim sought enforcement of the arbitration panel’s decision pursuant to the eighth paragraph of St. 1973, c. 1078, § 4.6 The association moved for summary judgment. Mass.R.Civ.P. 56(a), 365 Mass. 824 (1974). The judge, in a “memorandum of decision,”7 ruled that although Article VIII, § 2, and the material portion of Article IX, § 3 (see note 4, supra) concerned matters within the scope of arbitration, Article VIII, § 1, dealing with the procedure by which the chief could involuntarily transfer officers from one shift to another concerned a matter outside the scope of arbitration as defined in St. 1973, c. 1078, § 4. The judge refused to sever the invalid portion of the award and ruled that the entire award must be denied enforcement. The judge also ruled that the portion of the award relating to insurance premiums was supported by material and substantive evidence. Judgment was entered deciding that the award “with respect to the City’s health insurance contribu[241]*241tion was supported by material and substantive evidence” but that the award of the panel “exceeded its jurisdiction under [St. 1973, c. 1078, § 4] for which reason, the defendant’s counterclaim for Enforcement is denied, and the City’s Petition to vacate is allowed.” The association appeals.

1. The association attacks the judge’s ruling that Article VIII, § 1, concerned a matter outside the scope of the arbitration panel’s authority. The city, on the other hand, not only supports the judge’s ruling concerning Article VIII, § 1; it also attacks the judge’s ruling that Article VIII, § 2, and Article IX, § 3, concerned matters within the scope of the arbitration panel’s authority.8 This is the first case squarely presenting for decision issues concerning the scope of the authority of an arbitration panel conducting last and best offer arbitration pursuant to St. 1973, c. 1078, § 4, which has come before either the Appeals Court or the Supreme Judicial Court. See School Comm. of Boston v. Boston Teachers Local 66, 372 Mass. 605, 613 (1977), containing dictum concerning this issue, and Marlborough Firefighters, Local 1714 v. Marlborough, 375 Mass. at 595-596. Our analysis begins with a discussion of the context within which St. 1973, c. 1078, § 4, was enacted.

Statute 1973, c. 1078, brought about a wholesale revision of the Commonwealth’s statutes concerning public employee collective bargaining. Sections 1 and 2 of c. 1078 repealed G. L. c. 149, §§ 178D & 178F-178N, and inserted c. 150E into the General Laws. Section 6 of G. L. c. 150E, as so inserted, requires public employers to negotiate with their employees (including policemen) “with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment.” Obviously many questions concerning a city’s assignment of its police to shifts fall within some of those categories, particu[242]*242larly “hours” and “conditions of employment.” Indeed in Labor Relations Commn. v. Natick, 369 Mass. 431, 437-438, 442 (1976), the Supreme Judicial Court decided that certain regulations concerning work schedules and shifts issued pursuant to G. L. c. 41, § 97A, by a “strong” police chief were mandatory subjects of bargaining under c. 150E, § 6.9 See also Chief of Police of Westford v. Westford, 365 Mass. 526, 531 (1974), involving the regulations of a “weak” police chief issued pursuant to G. L. c. 41, § 97. Although we need not decide the question, it may well be that G. L. c. 150E, § 6, required the city and the association to bargain collectively concerning Article VIII, §§ 1 & 2, and Article IX, § 3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Town of North Providence v. Drezek
Superior Court of Rhode Island, 2010
Taunton v. TAUNTON BRANCH OF MASS POLICE ASS'N
406 N.E.2d 1298 (Massachusetts Appeals Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
406 N.E.2d 1298, 10 Mass. App. Ct. 237, 109 L.R.R.M. (BNA) 2228, 1980 Mass. App. LEXIS 1232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-taunton-v-taunton-branch-of-the-massachusetts-police-assn-massappct-1980.