Wachusett Regional District School Committee v. Wachusett Regional Teachers Ass'n

Wachusett Regional District School Committee v. Wachusett Regional Teachers Association

Wachusett Reg'l Dist. Sch. Comm. v. Wachusett Reg'l Teachers Ass'n, 373 N.E.2d 235 (Mass. App. Ct. 1978)

Court: Massachusetts Appeals Court · State Appellate Courts
Decided: March 2, 1978
Citations: 373 N.E.2d 2356 Mass. App. Ct. 8511978 Mass. App. LEXIS 684

Cited by 13 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

It was error to enjoin either arbitration proceeding. The arbitration provisions of the collective bargaining agreement define a "grievance” to include not only "wages, hours, and other conditions of employment” (see School Comm. of Braintree v. Raymond, 369 Mass. 686, 690-691 [1976]) but also any "violation, misinterpretation or inequitable application of the provisions of this agreement.” Both grievants allege violations of the evaluation provisions of the agreement prior to the committee’s making its decisions not to reappoint the grievants. See School Comm. of Danvers v. Tyman, 372 Mass. 106, 114 (1977); Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Assn., 372 Mass. 116, 117, 120 (1977); School Comm. of W. Bridgewater v. West Bridgewater Teachers’ Assn. 372 Mass. 121, 122-123, 124-125 (1977); School Comm. of W. Springfield v. Korbut, 373 Mass. 788, 795-796 (1977). One of the grievants alleges a violation of the provision of the agreement that "[n]o teacher will be removed from the payroll as a result of... changes” effected by the committee’s introduction of new programs of instruction. Under arbitration provisions such as those already quoted, it is for the arbitrators, not a court, to find the facts, construe the provisions of the agreement, determine whether those provisions have been violated, and determine whether any violations they may find constitute grievances within the meaning of the arbitration provisions of the agreement. School Comm. of Hanover v. Curry, 369 Mass. 683, 685 (1976). School Comm. of Danvers v. Tyman, 372 Mass. at 115 . Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Assn., 372 Mass. at 119 n.4, 120. School Comm. of W. Springfield v. Korbut, 373 Mass. at 793 . School Comm. of Leominster v. Gallagher, 4 Mass. App. Ct. 195, 197 (1976). If violations and grievances are found, the arbitrators have broad discretion in fashioning appropriate remedies. See School Comm. of Braintree v. Raymond, 369 Mass. at 691 ; School Comm. of Danvers v. Tyman, 372 Mass. at 114 ; School Comm. of W. Bridgewater v. West Bridgewater Teachers’ Assn., 372 Mass. at 125-126; Bradley v. School Comm. of Boston, 373 Mass. 53, 59-60 (1977); School Comm. of *852 W. Springfield v. Korbut, 373 Mass. at 793, 796-797 . Contrast Boston Teachers Local 66 v. School Comm. of Boston, 370 Mass. 455, 464-465, 467-468 (1976). If either arbitrator should render an award which impinges directly on some prerogative of the committee which cannot be lawfully delegated to an arbitrator (see School Comm. of Hanover v. Curry, 3 Mass. App. Ct. 151, 153, 158-159 [1975], S.C., 369 Mass. at 685; School Comm. of Braintree v. Raymond, 369 Mass. at 690 ; School Comm. of Danvers v. Tyman, 372 Mass. at 111-113 ; Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Assn., 372 Mass. at 117, 120; School Comm. of W. Bridgewater v. West Bridgewater Teachers’ Assn., 372 Mass. at 122-123; School Comm. of W. Springfield v. Korbut, 373 Mass. at 794-795 ), the award can be set aside in subsequent proceedings brought under G. L. c. 150C, §§ 11(a) (3) and 12 (a) (2). School Comm. of Braintree v. Raymond, 369 Mass. at 686-687, 691 . School Comm. of Agawam v. Agawam Educ. Assn., 371 Mass. 845, 847 (1977). "Unless there is positive assurance that an arbitration clause is not susceptible to an interpretation that covers the asserted dispute, or unless no lawful relief conceivably can be awarded by the arbitrator, an order to arbitrate should not be denied____In this case, no occasion for a stay of... arbitration arises merely from the possibility of an arbitrator’s award which might purport to intrude into the school committee’s inviolate authority. Any threat to the school committee’s authority has not matured yet because it is far from clear that the arbitrator[s’] award[s] will encroach on the school committee’s exclusive domain.” School Comm. of Danvers v. Tyman, 372 Mass. at 113 . Berkshire Hills Regional Sch. Dist. Comm. v. Gray, 5 Mass. App. Ct. 686 , 690 n.3, further appellate review granted, 374 Mass. 834 (1977). The judgment is reversed, and an order is to be entered which directs the parties to proceed to both arbitrations. School Comm. of Agawam v. Agawam Educ. Assn., 371 Mass. at 847 n.3.

Brian A. Riley for the defendant. Leo P. McCabe for the plaintiff.

So ordered.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(“[i]f violations and grievances are found, the [arbitrator has] broad discretion in fashioning appropriate remedies”)

City of Lynn v. Council 93, Am. Fed'n of State, Local 193, 746 N.E.2d 558 (Mass. App. Ct. 2001)

Cited by 13 cases

View all citing references →

Relies on it most ⓘ

Taunton Municipal Light Plant Commissioon v. Paul L. Geiringer & Assocs.560 F. Supp. 1249 (D. Mass. 1983)
City of Lawrence v. Falzarano402 N.E.2d 1017 (Mass. 1980)
Boston v. BOSTON POLICE PATROLMEN'S ASSOCIATION, INC.532 N.E.2d 640 (Mass. 1989)
Sch. Comm, New Bedford v. New Bedford Educators405 N.E.2d 162 (Mass. App. Ct. 1980)
Trinque v. Mount Wachusett Community College Faculty Ass'n437 N.E.2d 564 (Mass. App. Ct. 1982)
School Committee v. Needham Education Ass'n500 N.E.2d 1320 (Mass. 1986)

Most recent

Massachusetts Board of Higher Education v. Massachusetts Teachers Ass'n19 Mass. L. Rptr. 703 (2005)
City of Lynn v. Council 93, American Federation of State, Local 193746 N.E.2d 558 (Mass. App. Ct. 2001)
City of Everett v. International Brotherhood of Police Officers, Locals 633 & 6343 Mass. L. Rptr. 630 (1995)
Boston v. BOSTON POLICE PATROLMEN'S ASSOCIATION, INC.532 N.E.2d 640 (Mass. 1989)
School Committee v. Needham Education Ass'n500 N.E.2d 1320 (Mass. 1986)
School Committee of Watertown v. Watertown Teachers Ass'n491 N.E.2d 615 (Mass. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 12

Depth	Case	Cited by
	Sch. Comm. of Danvers v. Tyman, 360 N.E.2d 877 (Mass. 1977)	72
	Sch. Comm. of Braintree v. Raymond, 343 N.E.2d 145 (Mass. 1976)	46
	Sch. Comm. of West Springfield v. Korbut, 369 N.E.2d 1148 (Mass. 1977)	75
	Sch. Comm. of Agawam v. Agawam Educ. Ass'N, 359 N.E.2d 956 (Mass. 1977)	33
	Sch. Comm. of W. Bridgewater v. W. Bridgewater Tchrs', 360 N.E.2d 886 (Mass. 1977)	38
	Boston Teachers Union v. Sch. Comm. of Boston, 350 N.E.2d 707 (Mass. 1976)	59
	Sch. Comm. of Hanover v. Curry, 343 N.E.2d 144 (Mass. 1976)	56
	Sch. Comm. of Hanover v. Curry, 325 N.E.2d 282 (Mass. App. Ct. 1975)	31
	Dennis-Yarmouth Reg'l Sch. Comm. v. Dennis Teachers Ass'n, 360 N.E.2d 883 (Mass. 1977)	30
	Bradley v. Sch. Comm., 364 N.E.2d 1229 (Mass. 1977)	20
	Berkshire Hills Reg'l Sch. Dist. Comm. v. Gray, 369 N.E.2d 736 (Mass. App. Ct. 1977)	2
	Sch. Comm. of Leominster v. Gallagher, 344 N.E.2d 203 (Mass. App. Ct. 1976)	2

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