Utility Workers of America v. Labor Relations Commission

451 N.E.2d 124, 389 Mass. 500, 1983 Mass. LEXIS 1536, 116 L.R.R.M. (BNA) 3150
CourtMassachusetts Supreme Judicial Court
DecidedJune 16, 1983
StatusPublished
Cited by7 cases

This text of 451 N.E.2d 124 (Utility Workers of America v. Labor Relations Commission) 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
Utility Workers of America v. Labor Relations Commission, 451 N.E.2d 124, 389 Mass. 500, 1983 Mass. LEXIS 1536, 116 L.R.R.M. (BNA) 3150 (Mass. 1983).

Opinion

Lynch, J.

The Utility Workers of America, Local 466 (union), appeals from a decision of the Labor Relations Commission (commission). On May 1, 1981, the union filed charges with the commission alleging that the town of [501]*501Braintree (town) had engaged in prohibited practices within the meaning of G. L. c. 150E, § 10(a)(1), (3), (4), and (5), by locking out employees of the Braintree water and sewer departments. Following a preliminary investigation, the commission issued a complaint of prohibited practice alleging that the town had locked out1 the employees in violation of § 10(a)(1) and (5).2 After conducting formal hearings, however, the commission concluded that the town’s action in response to a union work stoppage, which itself violated G. L. c. 150E, § 9A(a), was to preserve and protect public services. As such it was not prohibited by the plain language or necessary implication of § 9A(a), nor was it an act of bad faith bargaining in violation of § 10(a)(1) and (5). We took the case on our own motion. The commission dismissed the complaint. We affirm that decision.

The commission made the following findings of fact. At all times relevant to this case, the union represented workers in the waste disposal and water departments in the town. The most recent collective bargaining agreement between the town and the union had expired on June 30, 1980. At the time of the incident giving rise to this complaint, the parties had been negotiating for a successor agreement for approximately eighteen months. The town operates an incinerator at its waste disposal plant. On the night of April 28, 1981, all employees on the town incinerator’s 11 p.m. shift called in sick. Employees who worked different shifts refused the town’s request that they replace the absent workers for the eight hour shift. Consequently, manage[502]*502ment employees operated the incinerator during this time. Similarly, water department employees scheduled to work the midnight shift at the department called in sick and other workers refused to replace them. The water department is the sole provider of Braintree’s water for industrial and domestic use and for fire protection. No viable alternative source of water existed.

The morning shifts in both departments also failed to report to work on April 29, 1981. Picket lines were established at both departments. Management personnel operated both facilities for the remainder of the day. Several incidents of vandalism occurred at the water department during the work stoppage. The commission found that the union’s purpose for this work stoppage was to protest delays in the contract negotiations. The union does not dispute that this work stoppage violated G. L. c. 150E, § 9A (a).

On the morning of April 29, 1981, Edward Courchene, the general manager of the waste disposal department, called Charles M. Geilich, the town’s consultant on the incinerator operations, and notified him of the work stoppage. Geilich then made arrangements with other waste processor plants to dispose of the refuse normally burned in the town. Geilich had to bind the town to use these alternative plants for at least one week in order to obtain access to them.

Also on the morning of April 29, Daniel F. Madden, the national representative of the union, arrived in Braintree. After being informed that the town’s selectmen had decided on April 28, 1981, to make the union a new contract offer, Madden met with the employees at 3 p.m. At this meeting, the employees agreed to return to work for the night shifts that evening. Town officials were not informed of this meeting.

At approximately 6:15 p.m., Madden talked to William Ewing, the superintendent of the water department, and told him that “the strike was over” and that the midnight shift employees of the water department would report for work. At this point, the town officials were still unaware that the decision to return was made at a union meeting. The town officials discussed the situation and decided that [503]*503the men would not be allowed to return to work that evening. Joseph D. Cleggett, a Braintree selectman, testified that their decision was based on uncertainty as to whether the men would actually return to work and concern about the vandalism that had occurred at the water department.

During the evening of April 29, the union also informed the town officials that the incinerator employees would return to work on the 11 p.m. shift. In response to this information Cleggett polled the selectmen by telephone. The selectmen voted not to permit the employees to return until further notice. On April 30 and May 1, both departments were operated by management personnel. On May 1, the town suspended all the striking employees for one week because of their participation in the illegal work stoppage.

1. The town did not file a petition, referred to by the parties as a “strike petition,” with the commission for an order directing the employees to stop striking under G. L. c. 150E, § 9A(b), at any time during the union’s illegal work stoppage. General Laws c. 150E, § 9A(b), inserted by St. 1973, c. 1078, § 2, states: “Whenever a strike occurs or is about to occur, the employer shall petition the commission to make an investigation. If, after investigation, the commission determines that any provision of paragraph (a) of this section has been or is about to be violated, it shall immediately set requirements that must be complied with, including, but not limited to, instituting appropriate proceedings in the superior court for the county wherein such violation has occurred or is about to occur for enforcement of such requirements.” The union contends that the word “shall’ in the first sentence of § 9A (b) requires the employer to petition the commission and that the filing of this petition is the only action which a public employer is authorized to take when confronted with an illegal work stoppage by its employees. The commission has given the statutory provision a different reading. In construing the statute, the commission concluded that the provision requiring a public employer to file a strike petition does not establish the exclusive means by which a public employer [504]*504may respond to an illegal work stoppage. Rather, the commission interpreted the provision as creating a requirement that a public employer file a strike petition only as a prerequisite to obtaining administrative or judicial relief from violations by employees of § 9 A (a).

As we have frequently stated, “The duty of statutory interpretation is for the courts.” Cleary v. Cardullo’s Inc., 347 Mass. 337, 344 (1964). However, as we have also recognized: “[A]n administrative interpretation of a statute is accorded deference particularly where, as here, an agency must interpret a legislative policy which is only broadly set out in the governing statute.” School Comm. of Wellesley v. Labor Relations Comm’n, 376 Mass. 112, 116 (1978), quoting School Comm. of Springfield v. Board of Educ., 362 Mass. 417, 442 (1972). We think that the commission’s interpretation here is correct. Nothing in the language of § 9A(b) suggests that by creating the petitioning process the Legislature intended to limit the means by which a public employer may respond to an illegal work stoppage. We do not read § 9A(b)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth Employment Relations Board v. Boston Teachers Union, Local 66
908 N.E.2d 772 (Massachusetts Appeals Court, 2009)
Allen v. School Committee of Boston
487 N.E.2d 529 (Massachusetts Supreme Judicial Court, 1986)
School Committee v. Labor Relations Commission
486 N.E.2d 756 (Massachusetts Appeals Court, 1985)
Receiver of the Boston Housing Authority v. Commissioner of Labor & Industries
484 N.E.2d 86 (Massachusetts Supreme Judicial Court, 1985)
Lenox Education Association v. LABOR RELATIONS COMM.
471 N.E.2d 81 (Massachusetts Supreme Judicial Court, 1984)
Cliff House Nursing Home, Inc. v. Rate Setting Commission
450 N.E.2d 1135 (Massachusetts Appeals Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
451 N.E.2d 124, 389 Mass. 500, 1983 Mass. LEXIS 1536, 116 L.R.R.M. (BNA) 3150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utility-workers-of-america-v-labor-relations-commission-mass-1983.