943 N.E.2d 485
Mass. App. Ct.2011Background
- In 2006 Holyoke Community College posted an assistant professor nutrition vacancy with a master’s in Nutrition as a required qualification.
- Elizabeth Hebert, a former tenured faculty member, applied and reached the finalist stage in the first search but was not hired; the college reposted the position.
- The union grieved, arguing the college violated the contract by not offering Hebert a second interview; an arbitrator ruled for Hebert and ordered her appointment with back pay or broad damages.
- The Superior Court vacated the award as beyond the arbitrator’s authority; the union appealed for reinstatement.
- The appellate court held the arbitrator exceeded authority in parts, but remanded for further proceedings rather than outright reinstatement.
- Key issues include nondelegability of hiring decisions, the limits on arbitrator power, and appropriate remedies/damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the arbitrator exceed his authority by substituting judgment on hiring? | Hebert | College | Yes for ranking; remand needed |
| Was the college bound to apply posted minimum requirements including a master’s degree? | Hebert | Ameho/Hutchinson impacts | College bound to posted minimums; arbitrator could sustain violation |
| Can an arbitrator compel the college to appoint a candidate to the posted position? | Hebert | College | No; arbitrator cannot compel appointment; remand on remedy |
| What remedies are appropriate for the procedural violation without mandating reinstatement? | Hebert | College | Remand to determine limited damages; not full back pay or reinstatement |
Key Cases Cited
- Roxbury Community College v. Massachusetts Teachers’ Assn., 423 Mass. 23 (Mass. 1996) (nondelegability and limits on arbitrator review in public higher education)
- School Comm. of Holbrook v. Holbrook Educ. Assn., 395 Mass. 651 (Mass. 1985) (bargaining procedures enforcement; arbitrator cannot override nondelegable decisions)
- School Comm. of Newton v. Newton Sch. Custodians Assn., Local 454, SEIU, 438 Mass. 739 (Mass. 2003) (principal bound to apply agreed criteria in good faith)
- New Bedford Educators Assn. v. School Comm. of New Bedford, 9 Mass. App. Ct. 793 (Mass. App. Ct. 1980) (arbitrator review limited; school committee bound by posted criteria)
- Boston Pub. Library v. Professional Staff Assn., 61 Mass. App. Ct. 105 (Mass. App. Ct. 2004) (remedies for failure to meet posted requirements; re-posting as relief)