Massachusetts Highway Department v. American Federation of State, Council 93

648 N.E.2d 430, 420 Mass. 13, 1995 Mass. LEXIS 140
CourtMassachusetts Supreme Judicial Court
DecidedApril 11, 1995
StatusPublished
Cited by55 cases

This text of 648 N.E.2d 430 (Massachusetts Highway Department v. American Federation of State, Council 93) 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 Highway Department v. American Federation of State, Council 93, 648 N.E.2d 430, 420 Mass. 13, 1995 Mass. LEXIS 140 (Mass. 1995).

Opinion

Abrams, J.

On June 13, 1991, a search by State police of the locked toolbox of John Arsenault, an employee of the Massachusetts Highway Department (department), yielded a [14]*14loaded handgun with its serial number obliterated.1 The department had a written policy against having weapons on work premises. Violation of the policy could result in “appropriate disciplinary action up to and including termination.” The policy provided that “[a]ll disciplinary actions will be taken in accordance with the provisions of applicable law or collective bargaining agreements.” Despite this policy, the department waited approximately one year before terminating Arsenault.2 After his termination, Arsenault filed a grievance with the defendant union which, pursuant to a collective bargaining agreement with the department, brought the grievance to arbitration.

At the arbitration hearing, Arsenault claimed that he found the gun at work and put it in his toolbox while awaiting advice from a friend, a police officer, on what to do. The arbitrator ruled that, while Arsenault knew that his possession of the gun was wrong and must accept some responsibility for his actions, there was not just cause for his termination.3 The arbitrator reversed the department’s discharge of Arsenault and ordered his reinstatement without back pay. As a result of his termination and subsequent reinstatement, Arsenault suffered a suspension without pay for seven months and ten days.

On February 23, 1993, the department sought to vacate the arbitrator’s award on the ground that it “violates the Commonwealth’s explicit, well-defined, and dominant public policy against the unauthorized possession of handguns” and that under G. L. c. 150C, § 11 (a) (3) (1992 ed.), “the arbitrator exceeded his power in rendering an award that is contrary to public safety policy.” The Superior Court judge concluded that the department failed to establish any basis for [15]*15vacating the arbitrator’s decision. He denied the department’s motion for judgment on the pleadings and entered judgment confirming the arbitrator’s decision. The department appealed. We transferred the case here on our own motion. We affirm.

“Courts inquire into an arbitration award only to determine if the arbitrator has exceeded the scope of his authority, or decided the matter based on ‘fraud, arbitrary conduct, or procedural irregularity in the hearings.’ ” Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990), quoting Marino v. Tagaris, 395 Mass. 397, 400 (1985). Vacation of arbitration awards is limited to the grounds set forth in G. L. c. 150C, § 11.4 See Concerned Minority Educators of Worcester v. School Comm. of Worcester, 392 Mass. 184, 187 (1984); School Comm. of W. Springfield v. Korbut, 373 Mass. 788, 792 (1977). “We do not, and cannot, pass on an arbitrator’s alleged errors of law and, absent fraud, we have no business overruling an arbitrator because we give a contract a different interpretation.” Concerned Minority Educators of Worcester, supra at [16]*16187. “Th[is] policy of limited judicial review is reflective of the strong public policy favoring arbitration.” Plymouth-Carver Regional Sch. Dist., supra at 1007.

“Arbitration, it is clear, may not ‘award relief of a nature which offends public policy or which directs or requires a result contrary to express statutory provision’ ” (emphasis added). Plymouth-Carver Regional Sch. Dist., supra at 1007, quoting Lawrence v. Falgarano, 380 Mass. 18, 28 (1980).5 Such an award is beyond the arbitrator’s powers and is therefore subject to vacation under G. L. c. 150C, § 11 (a) (3). See Boston v. Boston Police Patrolmen’s Ass’n, 8 Mass. App. Ct. 220, 227 (1979). The Massachusetts cases vacating an arbitrator’s award on public policy grounds have addressed awards which directly conflicted with a statutory limit on, or delegation of power. See Watertown Firefighters, Local 1347 v. Watertown, 376 Mass. 706, 713-714 (1978); School Comm. of Hanover v. Curry, 369 Mass. 683, 685 (1976); Boston Police Patrolmen’s Ass’n, supra at 226. Our cases have not addressed the type of public policy at issue.

We turn to decisions of other courts to determine the breadth of the public policy exception. To be vindicated, public policy “must be well defined and dominant, and is to be ascertained ‘by reference to the laws and legal precedents and not from general considerations of supposed public interests.’ ” W.R. Grace & Co. v. Local Union 759, Int’l Union of United Rubber, Cork, Linoleum & Plastic Workers, 461 U.S. 757, 766 (1983), quoting Muchany v. United States, 324 U.S. 49, 66 (1945). See, e.g., United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29, 43 (1987); Department of Cent. Management Servs. v. American Fed’n of State, [17]*17County & Mun. Employees, 245 Ill. App. 3d 87, 94 (1993); Social Servs. Union/AFN, SEIU Local 535 v. Alameda County Training & Employment Bd., 207 Cal. App. 3d 1458, 1465 (1989).

In a case somewhat analogous to the present case, the Supreme Court upheld an arbitrator’s award reinstating an employee who was fired for having traces of marihuana in his automobile parked at the workplace. United Paperworkers Int’l Union v. Misco, Inc., supra at 44. The Supreme Court rejected the argument that the public policy against operating dangerous machinery under the influence of drugs required termination. Id. It stated that, “[although certainly such a judgment is firmly rooted in common sense, ... a formulation of public policy based only on ‘general considerations of supposed public interests’ is not the sort that permits a court to set aside an arbitration award that was entered in accordance with a valid collective bargaining agreement.” Id.

The public policy exception does not address “disfavored conduct, in the abstract, but [only] disfavored conduct which is integral to the performance of employment duties” (emphasis in original). Delta Air Lines, Inc. v. Air Line Pilots Ass’n, Int’l, 861 F.2d 665, 671 (11th Cir. 1988), cert. denied, 493 U.S. 871 (1989). “Where the person performs his employment duties and, in doing so, violates standards, restraints and restrictions on conduct, clearly and explicitly established by the people in their laws, a requirement that the employer suffer that malperformance and not discharge the offender does itself violate . . . public policy” (emphasis in original). Id. at 674.

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Bluebook (online)
648 N.E.2d 430, 420 Mass. 13, 1995 Mass. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massachusetts-highway-department-v-american-federation-of-state-council-mass-1995.