City of Westbrook v. Teamsters Local No. 48

578 A.2d 716, 1990 Me. LEXIS 214
CourtSupreme Judicial Court of Maine
DecidedJuly 18, 1990
StatusPublished
Cited by6 cases

This text of 578 A.2d 716 (City of Westbrook v. Teamsters Local No. 48) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Westbrook v. Teamsters Local No. 48, 578 A.2d 716, 1990 Me. LEXIS 214 (Me. 1990).

Opinions

[717]*717McKUSICK, Chief Justice.

On this appeal by the City of Westbrook, we review the decision of a three-member arbitration panel overturning the City’s dismissal of Patrolman Peter J. Blanchette of the Police Department. Blanchette is represented by Teamsters Local No. 48, which has a collective bargaining agreement (Agreement) with the City. The Agreement provides for arbitration of grievances, including those involving disciplinary matters. The arbitrators selected by the City and the Union found the City’s disciplinary action against Blanchette unwarranted because the City did not have adequate evidence of Blanchette’s alleged breach of duty. The arbitrators awarded Blanchette reinstatement with back pay. Upon the City’s application to vacate the award, the Superior Court (Cumberland County, McKinley, J.) affirmed, finding that the arbitrators’ decisions both on the procedural arbitrability of the dispute and on its substantive merits were amply grounded in the Agreement. On the City’s appeal, we also affirm the arbitrators’ award for the same reasons.

Blanchette was accused of tipping off a friend who was to be the subject of a child sexual abuse investigation by the State Police. Blanchette had learned of the investigation at a department meeting during which Chief of Police Ronald Allanach specifically warned the officers that the State Police investigation was extremely confidential, that the subject was known to have personal ties with people in the department, and that any officer who was responsible for a leak of information would be immediately discharged. After word of the sex abuse ease by some means reached the subject and after the department internally investigated the leak, Chief Allanach suspended Blanchette with pay. Upon looking further into the matter, Chief Allanach ree-ommended to Westbrook Mayor Philip Spiller that Blanchette be dismissed.

Upon the Union’s request, Mayor Spiller held a “Step 2” hearing as required by Article 13(B) of the Agreement. The May- or issued his decision to fire Blanchette on September 13, 1988. Blanchette filed a formal grievance on the grounds that the City had failed to notify him of his termination within 24 hours in violation of Article 9 of the Agreement,1 and used excessive discipline in violation of Article 12.2 The City denied the grievance.

The Union subsequently informed the City that it intended to seek arbitration of the dispute. The City discussed arbitration with the Union and participated in selecting the arbitrators. The Union did not file a written request for arbitration until October 21, 1988. Following two days of hearings, the three-member arbitration panel ruled unanimously that the Union’s request for arbitration was procedurally effective, even though made beyond the 10-day period specified by the Agreement, and that the City had violated the Agreement when it disciplined Blanchette without adequate proof that he had indeed leaked word of the State Police investigation.

I.

Procedural Arbitrability

On appeal the City contends that the Union’s written request for arbitration was untimely and that the arbitrators erred in finding that the City had consented to an extension of time. We have held that “the appropriate standard for reviewing questions of procedural arbitrability is to uphold the arbitrator’s interpretation of the procedural provisions of the agreement so long as that interpretation is a rational construction of the contract.” Board of [718]*718School Directors, Maine School Admin. Dist. No. 52 v. Tri-Town Teachers Ass’n, MTA-NEA, 412 A.2d 990, 994 (Me.1980). See also Saco Valley Teachers Ass’n v. Board of Directors, Maine School Admin. Dist. No. 6, 447 A.2d 72, 74 (Me.1982).

Article 13(B) of the Agreement outlines the procedure to be used for processing grievances.3 After the filing of a grievance and a Step 1 hearing, the Union can request and receive a Step 2 hearing with the Mayor. The Mayor’s response is due within seven working days of the hearing. If the grievance remains unsettled, Step 3 provides that the Union may, within ten working days after the Mayor’s Step 2 response is due, request in writing that the dispute be submitted to arbitration. The lead-in clause of Article 13(B) specifically provides that the applicable time limits may be extended by mutual consent of the parties. See n. 2 above.

Blanchette’s Step 2 hearing was held on September 9, 1988. By application of the terms of Article 13(B), the Mayor’s response was due on September 20 and the Union’s written request for arbitration was due on October 4,1988. The Union did not file its written request for arbitration until October 21, 1988. The Union argued, however, that because it had made its intent to file for arbitration known to the City before the 10-day notice period had expired and because the City acknowledged that oral notice by discussing arbitration and participating in the selection of arbitrators, the City had effectively consented to an extension of time as permitted by the lead-in clause of Article 13(B). After the evi-dentiary hearing, the arbitrators ruled:

[719]*719It seems clear that the Union’s intention of proceeding to arbitration was known to the City before the deadline. Testimony indicates, however, that the discussion was informal — the City Solicitor, appearing as a witness, indicated [that] no conclusive or definitive discussion had taken place; a Union witness testified that proceeding to arbitration (Step 3) had been indicated to Management by the Union and that the discussion had occurred within a day or two after the Mayor’s letter of September 13.
Giving credence and greater weight to the Union’s position that Management was aware of the Union’s intention to proceed to Step 3, is the discussion between City and Union officials about the choice of arbitrators and their joint decision to use the Maine Board of Arbitration and Conciliation, an alternative under Article 13, Section B, Subsection b. According to the Agreement, the alternative selected had to be mutually agreed to by the parties. No testimony, evidence, or objections indicate that this provision of the Agreement was not followed.
Thus, it must be concluded that the City knew of the Union’s intention to proceed to arbitration — discussion between the City and the Union led mutually to the decision to follow the alternative described in Article 13, B. b., in selecting arbitrators at Step 3.
It is also noted that the Agreement specifically allows for extension of time limits by mutual consent, as indicated by the emphasized phrase in the opening sentence of Section B_ The Agreement does not state the extension must be in writing.
By entering into discussion with the Union and then jointly selecting who should arbitrate the grievance, the City in effect concurred with the Union in waiving the time limits at Step 3, an extension allowed under the Agreement. Thus, the City’s objections to arbitrability because of violation of the timeliness provision is not convincingly argued.

The panel’s analysis is a rational construction of the Agreement.

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City of Westbrook v. Teamsters Local No. 48
578 A.2d 716 (Supreme Judicial Court of Maine, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
578 A.2d 716, 1990 Me. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-westbrook-v-teamsters-local-no-48-me-1990.