Rogers v. Town of Plainville

1999 Mass. App. Div. 210, 1999 Mass. App. Div. LEXIS 82
CourtMassachusetts District Court, Appellate Division
DecidedAugust 31, 1999
StatusPublished

This text of 1999 Mass. App. Div. 210 (Rogers v. Town of Plainville) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. Town of Plainville, 1999 Mass. App. Div. 210, 1999 Mass. App. Div. LEXIS 82 (Mass. Ct. App. 1999).

Opinion

Wheatley, J.

This appeal stems from the refusal of a town to honor a claim by a town employee for vacation pay in fiscal 1996. After trial, upon a complaint for nonpayment of wages, the District Court judge found in favor of the plaintiff-employee and denied a subsequent motion by the Town to amend that judgment, which denial the Town has appealed. We dismiss the appeal.

Plaintiff, Roland C. Rogers (Rogers), was employed by Town of Plainville (the Town) as a full-time police dispatcher from March 1, 1987, until the summer of 1995, on a schedule of “four days on, two days off.” In the week beginning Sunday, June 25, 1995,1 Rogers worked June 25, 27, and 28, and took, and was paid for, a vacation day for June 26. He then took June 29 and 30 as his scheduled two days off. (June 28 was the last day that Rogers intended physically to appear for work prior to his resignation July 1, which was to be effective July 25.) In July he was granted a paid personal day for July 1 and planned to take the remaining days between July 2 and July 25 as vacation days (except for July 4, a holiday). Rogers’ request for the fourteen vacation days and one holiday was denied by the Town Chief of Police. At the time, Rogers was earning $529.62 per week.

As a result of the refusal of the Town to pay his holiday and vacation pay for fiscal 1996, Rogers filed a complaint with the Attorney General pursuant to G.L.c. 149, §150. He subsequently received permission from the Attorney General to proceed in a private action against the Town in the Attleboro District Court, which he did, alleging that as of July 1,1995, the Town owed him $2118.48 for unpaid wages. After trial, the Court found in favor of the Town and dismissed the case. On Rogers’ motion to amend or alter the judgment, the Court, on October 20, 1998, reversed itself and entered a judgment in favor of Rogers in the amount of $5561.01 (treble damages), together with interest and costs of $1621.68, and legal fees of $3945. The Town filed a motion to alter or amend this judgment, which was denied. The Town appeals from the denial of this motion.

According to the Town’s Personnel By-law, which establishes the wages, hours [211]*211and conditions of employment of certain town employees, including, inter alia, dispatchers, employees who work five years but less than ten years are entitled to fifteen days of paid vacation leave each year. The by-law was adopted by the Town pursuant to G.L.c. 40, §21B and G.L.c. 41, §§108A and 108E, and was in effect during the entire period of Rogers’ employment.

1. Jurisdiction. A. The Town argues first that G.L.c. 149, §150, under which Rogers complains in this case, precludes him from bringing an action other than in the Superior Court. G.L.c. 149, §150 provides in pertinent part:

Any employee claiming to be aggrieved by a [non-payment of wages] ... may,... if the attorney general assents in writing,... institute and prosecute in his own name and on his own behalf... a civil action for injunctive relief and any damages incurred, including treble damages for any loss of wages and other benefits. An employee so aggrieved and who prevails in such an action shall be entitled to an award of the costs of the litigation and reasonable attorney fees. Para. 2.

The Town reasons that, because this section gives authority basically for an action for injunctive relief and damages (not injunctive relief and/or damages), any complaint brought under this section must be for both types of relief and, because the District Court does not have general equity jurisdiction, must be brought in the Superior Court. G.L.c. 214, §1.

The apparent basic purpose of §150 is to insure that employees get wages and benefits due them within a reasonable time after their work has been performed. Secondarily, to assist them in this, the Legislature made available the opportunity for injunctive relief.2 Originally, payment could be enforced by the Department of Labor and Industries. In 1993, §150 was amended3 to give an employee a direct route to the employer by way of a civil action, with the assent of the Attorney General. Conceivably, many of the civil claims under this section would not, as in the present case, also require injunctive relief. To restrict the recovery of damages to only those cases where injunctive relief would be sought, would, in the words of the trial judge, “exclude a significant segment of the class [covered by the statute] from utilizing damage remedies, including punitive awards expressly provided for by the statute.” To read “and” in a conjunctive, rather than disjunctive, sense would be unreasonably to inhibit the clear purpose of the section.

Moreover, “[t]here is ample precedent for construing the word ‘and’ disjunc-tively in order to further a recognized legislative purpose.” Somerset v. Dighton Water District, 347 Mass. 738 (1964), at 743, and cases cited, and §150, as a remedial statute, should be liberally interpreted. See, generally, O’Connell v. Chandi, 400 Mass. 686 (1987), at 694. Finally, G.L.c. 218, §19 provides, in part: “... [district courts shall have original jurisdiction concurrent with the superior court of all actions in which money damages are sought....” In that there is no designation to the contrary in §150, we find that, under G.L.c. 149, §150, the District Court is a proper venue in which to seek money damages.

B. Additionally, the Town asserts that, because the Town Personnel By-law provides a Grievance Procedure for the resolution of any and all disputes arising out of the terms and conditions of the by-law, Rogers should have exhausted his [212]*212administrative remedies before proceeding in Court. The grievance procedure of the by-law covers “any dispute between an employee and his supervisor... arising out of an exercise of administrative discretion by such supervisor ... with respect to the conditions of the employment of the employee ...” (Personnel By-laws, Section XXIII, para. 23.3), its purpose being “... to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of the employment or employees.” Id. In this case, Rogers was denied payment of July wages, not because of any discretion that the Police Chief had as to any “condition of his employment,” but because of his interpretation of the applicable law. In general, “administrative remedies should be exhausted before resort to the courts, Daniels v. Contributory Retirement Appeal Bd., 418 Mass. 721, 722 (1994), but exhaustion cannot be required where no administrative remedy exists. See Space Bldg. Corp. v. Commissioner of Revenue, 413 Mass. 445, 448 (1992).” O’Neil v. City Manager of Cambridge, 428 Mass. 257 (1998), at 260. The procedure for handling grievances in the Town of Plainville does not cover an interpretation of a by-law, and the matter raised in Rogers’ complaint was properly before the District Court in the first instance.

2. The judgment. On the merits, the Town claims that it does not owe Rogers for any vacation or holiday pay for fiscal 1996, based on the fact that Rogers did not physically work during the fiscal period for which he claimed vacation. Rogers, understandably, takes the contrary position. Necessary to this discussion is an examination of the relevant portions of the Town Personnel By-law (the By-law),4 which follow:

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United States v. Holmquist
36 F.3d 154 (First Circuit, 1994)
Hashimi v. Kalil
446 N.E.2d 1387 (Massachusetts Supreme Judicial Court, 1983)
Town of Somerset v. Dighton Water District
200 N.E.2d 237 (Massachusetts Supreme Judicial Court, 1964)
O'CONNELL v. Chasdi
511 N.E.2d 349 (Massachusetts Supreme Judicial Court, 1987)
Daniels v. Contributory Retirement Appeal Board
640 N.E.2d 467 (Massachusetts Supreme Judicial Court, 1994)
O'Neill v. City Manager
700 N.E.2d 530 (Massachusetts Supreme Judicial Court, 1998)

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Bluebook (online)
1999 Mass. App. Div. 210, 1999 Mass. App. Div. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-town-of-plainville-massdistctapp-1999.