United Steelworkers of America v. Commonwealth Employment Relations Board

909 N.E.2d 1177, 74 Mass. App. Ct. 656, 2009 Mass. App. LEXIS 994
CourtMassachusetts Appeals Court
DecidedJuly 20, 2009
DocketNo. 08-P-814
StatusPublished
Cited by4 cases

This text of 909 N.E.2d 1177 (United Steelworkers of America v. Commonwealth Employment Relations Board) 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
United Steelworkers of America v. Commonwealth Employment Relations Board, 909 N.E.2d 1177, 74 Mass. App. Ct. 656, 2009 Mass. App. LEXIS 994 (Mass. Ct. App. 2009).

Opinion

Wolohojian, J.

The United Steelworkers of America (union) appeals from a decision of the Commonwealth Employment Relations Board (board) that the union violated its duty of fair representation under G. L. c. 150E, § 10(b)(1). On appeal, the union makes two principal arguments. First, it contends that the board’s decision was not supported by substantial evidence. Second, the union argues that liability was impermissibly imposed [657]*657based on what it considers a novel per se rule requiring union representatives to advise union members of legal remedies and requirements other than those contained in the collective bargaining agreement (CBA). Because we disagree with both contentions, we affirm.

The union and the city of Springfield (city) were parties to the CBA, which was effective from July 1, 1997, to June 30, 2000. Under art. 8.02 of the CBA, a union member could contest his or her job termination2 through a four-step grievance process culminating in arbitration.3 Alternatively, a union member who was also a city employee could appeal his or her termination to the State Civil Service Commission (commission) under G. L. c. 31, § 43,4 The two avenues of relief could not [658]*658both be pursued.5 Although the union explicitly undertook to represent its members with respect to the CBA’s grievance process, it did not undertake (but reserved the right) to represent those members with respect to a civil service appeal.6

Each route entailed different deadlines for initiating and pursuing a claim. The grievance process involved a series of deadlines for each progressive step (see note 3, supra). A civil service appeal was to be filed within ten days of receiving a decision that there was just cause to terminate the employee (see note 4, supra). At the heart of this suit is the fact that the ten-day deadline was missed, and because of a mistaken assumption that the civil service appeal remained timely, the grievance process was not pursued through arbitration. When the error was discovered, it was too late to pursue arbitration, and the employee was left with no timely route for appealing his termination.

Background.7 Mark Muniak was a union employee of the city’s department of public works (DPW). On March 6, 2000, the city suspended him for five days based on allegations that he had wilfully destroyed city property and made threatening and intimidating remarks.8 The city sent two letters to Muniak on that same day: the first informed him of his suspension; the second informed him that the city was contemplating further disciplinary [659]*659action, including termination. Both letters attached copies of sections of G. L. c. 31, the civil service statute, including § 43, which contained the ten-day deadline for filing a civil service appeal.

Immediately after receiving these letters, Muniak telephoned his union representative, George Magnan. Muniak read both letters over the telephone to Magnan (who had not received copies of them from the city). Although both letters referenced the civil service statute, copies of the statutory provisions themselves were included only in the attachments, which Muniak did not read to Magnan.9 Both letters informed Muniak of his right to request a hearing on the city’s contemplated actions. Magnan advised Mu-niak to request a hearing. He also said that he did not handle civil service matters, although he would attend the hearing. He suggested that Muniak retain an attorney with civil service expertise.

On March 17, 2000, following a hearing, the city found just cause to terminate Muniak’s employment effective March 20. On March 18, Muniak telephoned Magnan, who said that he would file a grievance under the CBA’s grievance procedure. Muniak, having received and read the sections of the civil service statute previously provided by the city, expressed a preference to pursue the matter instead before the commission. Mag-nan repeated that he did not handle civil service matters and again suggested that Muniak retain counsel. Muniak asked Mag-nan about the ten-day period to appeal to the commission. Mag-nan replied that under the CBA, Muniak did not have to choose between arbitration or civil service until later in the process. Mu-niak interpreted Magnan’s statements to mean that he did not yet have to file an appeal with the commission and could wait to do so until the grievance process had progressed further. This was incorrect; no more than nine days remained for filing a civil service appeal.

Over the next few weeks, Magnan attempted unsuccessfully to resolve the matter through the first and second steps of the grievance process.10 By April 28, 2000, Magnan had arranged [660]*660with the city to waive step three and proceed to arbitration. After reaching that agreement, Magnan telephoned Muniak, who again asked for union help in appealing to the commission. Magnan reiterated that he did not handle civil service appeals and again advised Muniak to retain an attorney. Magnan stated that if Mu-niak wished instead to arbitrate, Magnan was willing to represent him and had already prepared the arbitration filing. Muniak replied that he preferred to pursue an appeal to the commission. Mu-niak’s desire in this regard was misplaced, because the ten-day filing deadline had expired approximately one month earlier. Based on Muniak’s expressed preference to pursue a civil service appeal, but apparently without making any effort to determine whether a civil service appeal was indeed still viable, Magnan did not file for arbitration and the time period for doing so under the CBA was allowed to expire.11 See note 3, supra. If Magnan had known that the deadline for filing a civil service appeal had expired, he would have instead recommended that Muniak pursue arbitration under the CBA.

On May 2, 2000, Muniak appealed to the commission, which ultimately dismissed his appeal as untimely.

Muniak filed a charge with the board, alleging that the union had committed a breach of its duty of fair representation under G. L. c. 150E, § 10(6)(1).12 The board reasoned that by virtue of having negotiated art. 7 (which specifically incorporated the civil service law into the CBA) and art. 8.08 (which required an employee to elect his route of redress as between the commission and the grievance process), the union had assumed a duty to advise its members correctly about “the procedural interplay between the civil service law and the terms of the [CBA], [661]*661particularly the time limits for filing an appeal under the civil service law.” The board concluded that the union “acted in a manner reflective of inexcusable neglect by failing to timely and properly notify Muniak about the election of remedies for appealing his termination required by the [CBA].” The union now appeals.

Sufficiency of the evidence. The union argues that the board’s decision was based on insufficient evidence. That argument, however, is not available to the union because it failed to provide a complete transcript of the hearing.

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Bluebook (online)
909 N.E.2d 1177, 74 Mass. App. Ct. 656, 2009 Mass. App. LEXIS 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-steelworkers-of-america-v-commonwealth-employment-relations-board-massappct-2009.