Sheriff of Suffolk County v. AFSCME Council 93, Local 419

861 N.E.2d 472, 68 Mass. App. Ct. 222, 2007 Mass. App. LEXIS 155
CourtMassachusetts Appeals Court
DecidedFebruary 13, 2007
DocketNo. 05-P-1584
StatusPublished
Cited by6 cases

This text of 861 N.E.2d 472 (Sheriff of Suffolk County v. AFSCME Council 93, Local 419) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheriff of Suffolk County v. AFSCME Council 93, Local 419, 861 N.E.2d 472, 68 Mass. App. Ct. 222, 2007 Mass. App. LEXIS 155 (Mass. Ct. App. 2007).

Opinion

Graham, J.

Pursuant to a collective bargaining agreement (CBA) between the sheriff of Suffolk County (sheriff) and AFSCME Council 93, Local 419 (union), correction officer Matthew Carver filed a grievance with the union, which then demanded arbitration regarding whether Carver had been fired by the sheriff without justification in violation of the parties’ CBA. The grounds cited for Carver’s discharge was that he had been absent from work without authorization, in violation of the parties’ managing attendance policy (MAP).1 An arbitrator upheld Carver’s grievance and ordered the sheriff to reinstate him with back pay.

[223]*223The sheriff commenced an action in Superior Court seeking to vacate the arbitrator’s award, see G. L. c. 150C, § 11, on the ground that the arbitrator exceeded his authority. The sheriff contended that the arbitrator based his award not on the terms and conditions of the MAP, as he was required to do, but rather on a “tortured reading” of that agreement that ignored its express language. A Superior Court judge agreed and entered a judgment vacating the arbitrator’s award on the basis that the arbitrator had “misapplied” the provisions of the CBA and MAP. We reverse.

1. Background. We set out, in brief, the facts that form the basis of the arbitrator’s award. The CBA between the parties was effective from July 1, 2000, through June 30, 2003. All disputes involving the question whether the sheriff was in compliance with express provisions of the CBA were subject to the grievance and arbitration procedure.

Carver was appointed to the position of correction officer (grade 1) within the Suffolk County sheriff’s office, effective July 30, 1997. He was fired, by letter dated July 24, 2002, for “unauthorized use of sick time on May 29, 2002, and June 1 through June 5, 2002.” Carver’s absences followed an injury to his knee that he sustained at work on May 18, 2002, while allegedly restraining an unruly inmate.

On May 18, 2002, Carver notified the sheriff of his injury and later filed a workers’ compensation claim.2 Subsequent to this injury, Carver was absent from work from May 19, 2002, until he returned to work on June 8, 2002, at which time he submitted medical documentation stating that he was able to return to work without restrictions. The documentation [224]*224contained a medical diagnosis of “right knee contusion,” and also provided that in the “clinician’s opinion” the injury was work related. The documentation further stated that Carver was prescribed a home exercise program and recommended a follow-up visit in three weeks. Carver had exhausted his sick leave as of May 21, 2002.

Despite the medical documentation presented by Carver, the sheriff contended that his absences were “undocumented” under the terms of the MAP, which defines “sick leave” as “[a] day on which an employee calls in sick. . . and has a sufficient accrued sick leave balance available.” It further provides that if “an employee fails to provide a medical letter or has no sick time balance remaining, any days absent shall be considered an undocumented use of sick leave.” If an employee has too many “undocumented” sick days in a quarter of the calendar year (a “bad quarter”), that employee is subject to graduated discipline, including dismissal.

After concluding that Carver had too many “undocumented” sick days for the quarter at issue, the sheriff imposed progressive suspensions on him, culminating in termination of employment, for his absence from work on May 29 and June 1 through 5, 2002.

The union filed a grievance, which was submitted to arbitration on the following stipulated questions: 1. “Were [Carver’s] absences on May 29, June 1 through June 5, 2002 ‘undocumented’ absences in accordance with [MAP]?” 2. “If not, what shall be the remedy?” The arbitrator determined that because Carver “submitted [medical] documentation to the [sheriff explaining his absences,] . . . [his] absences on May 29 and June 1 through 5 were covered by medical documents” and were not “undocumented” absences within the meaning of the MAP. Accordingly, the arbitrator ordered Carver reinstated.

The sheriff then commenced an action in the Superior Court, seeking an order to vacate the award, pursuant to G. L. c. 150C, § 11, claiming that the arbitrator’s award was in excess of authority. Mindful of the narrow scope of judicial review respecting challenges to arbitration awards, the judge nonetheless agreed with the sheriff, concluding that the “clear language of MAP indicate[d] that Carver’s absences. . . were [225]*225undocumented.” He determined that the arbitrator “seemed” to interpret the relevant parts of MAP “to mean that if an employee supplies the [sheriff] with a medical letter and if that employee has no sick time balance remaining, then the employee’s absences are documented. This interpretation of MAP is erroneous. . . . Here the clear language of the CBA and MAP show that the arbitrator has misapplied the terms of those governing documents.” (Emphasis in original.)

2. Discussion. “[A]n arbitration award is subject to a narrow scope of review.” Superadio Ltd. Partnership v. Winstar Radio Prods., LLC, 446 Mass. 330, 333 (2006). “Absent fraud, errors of law or fact are not sufficient grounds to set aside an award.” Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990). The Legislature, in enacting G. L. c. 150C, § 11, has specified narrow grounds upon which a court is authorized to vacate an arbitration award. A court may take such corrective action if “(1) the award was procured by corruption, fraud or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party; [or] (3) 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).3,4 Only the latter ground, specified in § 11(a)(3) — that the arbitrator acted in excess of his power — is alleged to have occurred here.

An arbitrator acts in excess of his or her “authority by granting relief beyond the scope of the arbitration agreement, . . . by awarding relief beyond that to which the parties bound themselves, ... or by awarding relief prohibited by law.” Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 [226]*226Mass. at 1007. See Lawrence v. Falzarano, 380 Mass. 18, 28 (1980). “Whether an arbitrator has acted beyond the scope of authority conveyed to him is always open to judicial review.” Sheriff of Suffolk County v. AFSCME Council 93, Local 419, 61 Mass. App. Ct. 702, 706 (2006), quoting from Local 589, Amalgamated Transit Union v. Massachusetts Bay Transp. Authy., 392 Mass. 407, 410-411 (1984).

“It is clear that an ‘arbitrator may not ignore the plain words of [a] contract.’ ” Ibid., quoting from Grobet File Co. of America v. RTC Sys., Inc., 26 Mass. App. Ct. 132, 134-135 (1988). “However, ‘[i]f there is room for doubt or interpretation on the question, then the issue properly lies within the broad authority conferred upon arbitrators of civil disputes.’ ” Ibid., quoting from Grobet File Co. of America v. RTC Sys., Inc., 26 Mass. App. Ct. at 135.

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Bluebook (online)
861 N.E.2d 472, 68 Mass. App. Ct. 222, 2007 Mass. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheriff-of-suffolk-county-v-afscme-council-93-local-419-massappct-2007.