Marlborough School Committee v. Morley

6 Mass. L. Rptr. 26
CourtMassachusetts Superior Court
DecidedOctober 11, 1996
DocketNo. 956633
StatusPublished

This text of 6 Mass. L. Rptr. 26 (Marlborough School Committee v. Morley) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marlborough School Committee v. Morley, 6 Mass. L. Rptr. 26 (Mass. Ct. App. 1996).

Opinion

McHugh, J.

I. BACKGROUND

The Marlborough School Committee (“the Committee”) brought this action pursuant to G.L.c. 150C, §11 to set aside an arbitrator’s award requiring reinstatement of defendant, Leonard Morley (“Mr. Morley”) to his position as Principal of the Marlborough High School. Now before the court are the Committee’s motion to vacate that award and Mr. Morley’s motion to confirm it.

The basic facts are straightforward. Mr. Morley served as Principal of the Marlborough High School from 1982 to October 24, 1994. On October 24, 1994, the Marlborough Superintendent of Schools dismissed Mr. Morley from his position. In carrying out the dismissal, the Superintendent ostensibly acted pursuant to G.L.c. 71, §§41, 42 as amended by Stat. 1993, c. 71, §§43, 44. After his dismissal, Mr. Morley claimed in timely fashion the arbitration rights afforded him by c. 71, §42 and an arbitrator was appointed. In due course, hearings were held. Thereafter, the arbitrator ordered Mr. Morley’s dismissal set aside and that he be reinstated forthwith, with back pay, to his position as Principal of the Marlborough High School. In pertinent part, the arbitrator’s award stated that “the Marlborough School District did not have good cause pursuant to MGL Ch. 71, Sec. 41 to dismiss Principal Leonard Morley.” The arbitrator’s award was accompanied by an extensive set of findings and conclusions.

In the present action, the Committee maintains that the arbitrator exceeded his powers both by using the wrong standard to resolve the substantive issue the arbitration presented and by ordering Mr. Morley’s reinstatement to his position as Principal of the Marlborough High School. The Committee also claims that the award was improper because the arbitrator failed to consider the “best interests of the pupils” of the Marlborough High School as G.L.c. 71, §42 required. An amicus curiae brief filed by the Attorney General supports the Committee in its contention that the arbitrator exceeded his powers by using the wrong standard.

Mr. Morley maintains that the award was proper, well within the arbitrator’s powers and thus should be confirmed.

II. DISCUSSION A. SCOPE OF REVIEW 1. Limitations

The first issue dividing the parties concerns the scope of this court’s power to review what the arbitrator has done. Mr. Morley argues that the arbitrator was broadly empowered to decide the case submitted to him even if he did so erroneously and that this court’s scope of review is consequently quite limited. He cites for that proposition the oft-repeated maxim that “[o]n general principles a court usually will not review an arbitrator’s decision for most errors of fact or of law.” Concerned Minority Educators of Worcester v. School Committee of Worcester, 392 Mass. 184, 187-88(1984).

Countering, the School Committee and the Attorney General argue that the court is empowered by G.L.c. 150C, §11, to review an award to determine whether “the arbitrators exceeded their powers or rendered an award requiring a person to commit an act or engage in conduct prohibited by state or federal law.” G.L.c. 150C, §11(a)(3). The arbitrator’s powers, they contend, are confined by the substantive statute he must apply. Consequently, the court necessarily must determine whether the arbitrator correctly interpreted the governing statute in order to determine whether or not he exceeded his powers in making his award.

The Committee is correct. Although as a general matter the court has little power to review an arbitrator’s application of rules the parties voluntarily adopted as part of their contractual relationship, the court has both the power and the obligation to determine whether the arbitrator exceeded his powers in applying statutes that created the arbitration process itself. After all, “the specialized competence of arbitrators pertains primarily to the law of the shop, not the law of the land.” Alexander v. Gardner-Denver Co., 415 U.S. 36, 57 (1974). More precisely,

the fact that an issue has been submitted to an arbitrator for decision and that an award has been given does not preclude further judicial review where statutory policies have been affected . . . Where determinations to be made are primarily issues of public law, the arbitrator possesses no special expertise, and there is no justification for allowing his decision to undermine statutory rights.

School Committee of Hanover v. Curry, 3 Mass.App.Ct. 151, 156 (1975), affirmed 369 Mass. 683 (1976). See [28]*28also Massachusetts Bay Transportation Authority v. Local 589, Amalgamated Transit Union, 406 Mass. 36, 40 (1989); Local 589, Amalgamated Transit Union v. Massachusetts Bay Transportation Authority, 392 Mass. 407, 411 (1984);1 Somerville Teachers Association v. School Committee of Somerville, 22 Mass.App.Ct. 995 (1986).

2. Statement of Reasons

The next question concerns the extent to which the court may examine the arbitrator’s opinion to determine whether he correctly interpreted the governing statute. Mr. Morley argues that no such examination is appropriate and that the court must confine itself to the award itself. Because the award articulates the correct standard, he urges, the court may proceed no farther. The Committee disagrees. Without some power to review the arbitrator’s opinion, the Committee argues, the court cannot realistically determine whether the arbitrator correctly applied the governing statute. Review of the arbitrator’s opinion in this case, the Committee continues, clearly shows that the arbitrator arrived at his award by following an improper route.

The general rule, in the Commonwealth and elsewhere, is squarely on Mr. Morley’s side of this issue. A court generally will not examine and analyze an arbitrator’s opinion to determine whether he or she correctly found facts and applied law. As the Appeals Court has stated,

[w]hether the arbitrator exceeded the scope of his powers is an issue always open for review . . . but that review is confined to the award itself because, in the absence of fraud, the manner in which the arbitrator reached the decision is of no relevance.

School Committee of Holyoke v. Duprey, 8 Mass.App.Ct. 58, 62 (1979).

Judicial reluctance to examine an arbitrator’s findings and conclusions, however, flows directly from the principle that “the findings of fact and conclusions of law on which the award is based need not be given.” Fazio v. Employers’ Liab. Assur. Corp. Ltd., 347 Mass. 254, 258 (1964). There is no requirement in the Uniform Arbitration Act, G.L.c. 251, “that the arbitrator give a statement of reasons for his decision.” Trustees of Boston & Maine Corp. v. MBTA, 363 Mass. 386, 390 (1973). Consequently, “(w]here the parties have received what they agreed to take, the honest judgment of (he arbitrator as to the matter referred to him, the law is clear that the award is binding, and thus free from judicial interference, in the absence of fraud.” Id. at 390-91 (citations omitted). To upset an award because of errors revealed by an arbitrator’s purely voluntary statement of reasons would serve only as a powerful disincentive to providing any such statement at all.

In the present case, however, a statement of reasons is required.

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Related

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Bluebook (online)
6 Mass. L. Rptr. 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marlborough-school-committee-v-morley-masssuperct-1996.