88 A.3d 887
Md. Ct. Spec. App.2014Background
- FOP Lodge 35 filed a grievance under its collective bargaining agreement after Montgomery County ended a practice of allowing shop stewards to observe disciplinary interrogations for training.
- An arbitrator denied the County’s motion to dismiss the grievance; the County then sought relief in circuit court but labeled its filing as a "petition to vacate" an arbitration award even though no final award on the merits had been issued.
- The Court of Appeals (in FOP I) treated the County’s filing as a motion to stay arbitration and held the grievance was arbitrable.
- After that win, FOP sought reimbursement in circuit court under CJP § 3-228(b) for attorneys’ fees and costs (about $52,971.84) incurred in litigating the County’s attempt to avoid arbitration.
- The circuit court denied FOP’s fee petition; this appeal asks whether § 3-228(b) authorizes fee awards for litigation over petitions to stay arbitration (i.e., pre-award proceedings).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CJP § 3-228(b) authorizes awarding attorneys’ fees and costs for litigation over petitions to stay arbitration (pre-award) | § 3-228(b)’s reference to "the petition" includes any petition filed under the MUAA, including petitions to stay arbitration; therefore a prevailing party may recover fees for such litigation | "The petition" in § 3-228(b) must be read in context as referring to a post-award petition (e.g., petitions to confirm, modify, or correct an award); it does not authorize fees for pre-award stay petitions | Affirmed: § 3-228(b) applies to petitions filed after delivery of an arbitration award (post-award confirmation/modification/correction); it does not authorize fee awards for pre-award petitions to stay arbitration |
Key Cases Cited
- Montgomery County v. Fraternal Order of Police, Montgomery County Lodge 35, Inc., 427 Md. 561 (2012) (treated County’s filing as motion to stay and held grievance arbitrable)
- Blitz v. Beth Isaac Adas Israel Congregation, 352 Md. 31 (1998) (held prevailing party in confirming/enforcing an arbitration award may recover attorneys’ fees under § 3-228(b))
- Messersmith, Inc. v. Barclay Townhouse, 313 Md. 652 (1988) (distinguishes stay-of-arbitration relief from post-award petitions under the Arbitration Act)
- Lodge 35 v. Montgomery County, 147 Md. App. 659 (2002) (intermediate appellate discussion of procedural posture when arbitrator issues preliminary decision)
- County of Clark v. Blanchard Construction Co., 98 Nev. 488 (1982) (interpreting comparable statute to limit fee awards to post-award confirmation proceedings)