993 N.E.2d 693
Mass.2013Background
- The arbitrator awarded Caulfield damages and reinstatement after finding the transfer violated the CBA provision prohibiting involuntary transfers of certain union officers.
- The city moved to vacate the award under G. L. c. 150C, § 11; the union cross-moved to confirm the award, and the Superior Court denied the city’s motion and granted the union’s cross-motion.
- The city contends that assignment and transfer within the Boston Police Department are nondelegable statutory powers of the police commissioner, making the transfer reversal beyond arbitration authority.
- Historically, settlements in 1985–87 barred transfers of current/former union representatives without consent; art. XVI, § 6A was inserted following interest arbitration in 1989.
- Caulfield, an area union representative at D-14, was transferred in Feb. 2008 after prior disciplinary concerns; the arbitrator invalidated that transfer and awarded a remedy.
- The court ultimately vacates the arbitration award, holding the arbitrator exceeded authority by invalidating the transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer/assignment power is nondelegable | City: transfers fall within nondelegable commissioner powers. | Union: consent to arbitration could validate arbitrability of the transfer. | Nondelegable authority issue; award vacated. |
| Whether consent to include art. XVI, § 6A fixes arbitrability | City: consent does not authorize arbitrator to decide nondelegable power. | Union: city consent supports arbitral resolution of the provision. | Consent cannot authorize delegation of nondelegable power; award vacated. |
| Whether the arbitrator exceeded his powers by invalidating the transfer | City: arbitrator exceeded scope by addressing managerial authority. | Union: transfer restriction within the agreement is arbitrable. | Arbitrator exceeded powers; award vacated. |
Key Cases Cited
- Boston v. Boston Police Patrolmen’s Ass’n, 403 Mass. 680 (1989) (nondelegable managerial authority of the police commissioner)
- Lynn v. Labor Relations Comm’n, 43 Mass. App. Ct. 172 (1997) (boundary between managerial and employment terms in arbitration)
- Somerville v. Somerville Mun. Employees Ass’n, 451 Mass. 493 (2008) (ancillary arbitration matters vs. inherent managerial policy)
- Chief Justice for Admin. & Mgt. of the Trial Courts v. Commonwealth Employment Relations Bd., 79 Mass. App. Ct. 374 (2011) (public employer policy-making retention and arbitration scope)
- Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Ass’n, 372 Mass. 116 (1977) (arbitration scope limited to wages, hours, and conditions of employment)