Massachusetts Community College Council v. Commonwealth

649 N.E.2d 708, 420 Mass. 126, 1995 Mass. LEXIS 147
CourtMassachusetts Supreme Judicial Court
DecidedApril 19, 1995
StatusPublished
Cited by27 cases

This text of 649 N.E.2d 708 (Massachusetts Community College Council v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Massachusetts Community College Council v. Commonwealth, 649 N.E.2d 708, 420 Mass. 126, 1995 Mass. LEXIS 147 (Mass. 1995).

Opinion

Wilkins, J.

The cases before us, consolidated for trial in the Superior Court, concern the Commonwealth’s 1991 mandatory furlough program for certain State employees, adopted, pursuant to St. 1991, c. 6, § 90, in the face of a perceived fiscal crisis.

The unions commenced actions challenging the constitutionality of the furlough program, largely on the basis that the program abrogated the compensation provisions of various collective bargaining agreements, thereby violating the Contract Clause (art. I, § 10, cl. 1) of the Constitution of the United States (“No State shall . . . pass any . . . Law impairing the Obligation of Contracts”).4 A Superior Court judge ordered to arbitration the question whether the imple[128]*128mentation of the furlough program violated the collective bargaining agreements, and, in each case, the arbitrator determined that the furlough program violated the applicable collective bargaining agreement but made no ruling on the precise remedy. The Commonwealth then brought actions, pursuant to G. L. c. 150C, § 11 (1992 ed.), seeking to vacate the respective arbitration awards on the ground that the implementation of any remedy would require the Commonwealth to violate the terms of the furlough statute.

The parties entered into a statement of agreed facts covering almost all relevant factual matters, and a Superior Court judge heard evidence on two disputed factual issues. On February 16, 1994, the judge issued a memorandum and order in which he answered in the affirmative the question whether “[i]n the face of a valid collective bargaining agreement, does a public employer violate the constitutional prohibition against impairing contracts, U.S. Const., art. I, § 10, cl. 1 when, to meet a budget deficit, it mandates unpaid ‘furloughs’ for covered employees?” His position was that under no circumstances could the Commonwealth justify its action. He, therefore, saw no need to resolve the disputed factual issues.5 Although we agree that the implementation of the [129]*129furlough program impaired the Commonwealth’s obligations in violation of the Contract Clause, Contract Clause principles are not as absolute as the trial judge stated. See United States Trust Co. v. New Jersey, 431 U.S. 1 (1977).

After describing the furlough program, we shall analyze principles applicable under the Contract Clause that are set forth in United States Trust Co. v. New Jersey, supra, an opinion that gave that clause new life. See L.H. Tribe, American Constitutional Law § 9-11, at 619-620 (2d ed. 1988). All parties agree that the principles of the United States Trust Co. case provide the standards for the case before us, although they disagree concerning the consequences of the application of those principles. We shall conclude that the implementation of the furlough plan was a substantial impairment of the rights of the affected employees and that no circumstances of the sort that would justify such an impairment exist in this case.

On March 22, 1991, St. 1991, c. 6, § 90, was enacted providing “as a matter of paramount public policy, during this period of fiscal exigency ... a temporary program of furloughs for employees and officers” of the Commonwealth. The Legislature found that a temporary program of furloughs “is the least painful means of conserving and utilizing the commonwealth’s available monies during this extraordinary period of fiscal constraint while permitting the continuation, without any interruption, of the provisions of vital services.” § 90 (a). Section 90 (b) provided that the furlough program would be implemented, if, as of April 7, 1991, the Secretary of Administration and Finance (secretary)6 estimated that revenues for the 1991 fiscal year (ending June 30, 1991), would be insufficient to meet the expenditures author[130]*130ized and anticipated in that fiscal year.7 The secretary estimated that 1991 fiscal year revenues would be insufficient to meet 1991 fiscal year expenditures. The program was implemented, effective April 14, 1991.

The furlough program was mandated to apply to every State employee annually earning $20,000 or more, except judges. St. 1991, c. 6, § 90 (b) and (c).8 Each employee was given the option of electing one of three choices, to be carried out between April 14, 1991, and June 30, 1991: (1) to take unpaid days off, unless the Governor designated the employee as a “critical and essential” employee, (2) to work without pay and receive bonus paid vacation days to be available after the beginning of the next fiscal year, or (3) to work without pay and receive a lump sum payment when his or her State employment terminated. St. 1991, c. 6, § 90 (b), (c), and (d). For each affected employee the number of mandated furlough days depended on the employee’s level of compensation. St. 1991, c. 6, § 90 (c). An employee annually earning between $20,000 and $24,999 was to be fur-laughed for two days. Id. The mandated furlough days increased in steps to fifteen mandated days for any employee whose annual compensation was $70,000 or more. Id. The furlough program did not impair seniority rights or other employee benefits. St. 1991, c. 6, § 90 (g).

In United States Trust Co. v. New Jersey, supra, the Court held invalid under the Contract Clause an attempt by 1974 statutes to repeal a 1962 statutory covenant that had pledged certain revenues and reserves as security for bonds issued by the Port Authority of New York and New Jersey. Because the States’ self-interest was at stake in that case, the Court determined that there was a need for heightened judicial oversight, a stricter scrutiny of abrogations of government obligations than in the case of legislative interference [131]*131with the contracts of private parties. Id. at 25-26. See Keystone Bituminous Coal Ass’n v. DeBenedictis, 480 U.S. 470, 505 (1987); Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 412-413 & n.14 (1983).

The first consideration under the Contract Clause is whether subsequent State action has in fact impaired any enforceable contractual obligation. See United States Trust Co. v. New Jersey, supra at 17. The Commonwealth, however, does not challenge the enforceability of the compensation provisions of the collective bargaining agreements, apart from the effect of the furlough program. It makes no claim that, because the Legislature had some non-delegable power to regulate future compensation in the circumstances of this case, the bargained-for compensation was not binding for services to be rendered after the effective date of the furlough program. See id. at 23. The collective bargaining agreements were entered into in the latter part of December, 1990, during the fiscal year in which the statute prescribing the furlough program was enacted and the program was implemented. There is no suggestion that the Legislature had not appropriated funds to pay the compensation called for under the collective bargaining agreements.

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Bluebook (online)
649 N.E.2d 708, 420 Mass. 126, 1995 Mass. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massachusetts-community-college-council-v-commonwealth-mass-1995.