Once again we are presented with a case which asks whether an arbitrator has impermissibly poached on nondelegable managerial prerogatives of a governmental body. We conclude that the arbitration award did not work such a transgression and .that a judge of the Superior Court, acting under G. L. c. 150C, § 11, correctly declined to vacate the award. The judgment which was entered, and from which the city appeals, confirmed the award.
There is in the organization chart of the Boston police department the position of “day duty supervisor.” When the commanding officer of a district is absent, the day duty supervisor assumes responsibility for the conduct of affairs within the district. Lieutenants customarily filled those posts in the several administrative districts of the department. In 1984, Sergeant Cornelius Murphy was appointed to fill the day duty slot in Area A. The collective bargaining agreement between the Boston Police Superior Officers Federation (the “union”) and the city, in Article XIII, § 1, provided that an employee who does temporary service in a higher rank should draw the pay of the higher rank starting with the sixth consecutive day of service in the higher rank duty. Sergeant Murphy performed the lieutenant-grade functions of the day duty supervisor for twelve to thirteen months but received no extra pay. That failure to adjust Murphy’s pay became the
Following the Murphy arbitration, assignments of officers below the rank of lieutenant to day duty supervisor took on a turnstile pattern; the police department rotated sergeants through the job every five days. That practice became the subject of a new arbitration proceeding which culminated in the award appealed from. The award required the city to promote someone to day duty supervisor in Area A and to “make whole any sergeant who would have been properly selected for temporary service in the [d]av [djuty [supervisor position in Area A but for the [cjity’s improper rotation of sergeants through the position.” That is the award confirmed.
In support of its position that the five-day assignment plan for day duty supervisor is not an arbitrable question, the city relies on the cases which emphasize the broad administrative control and discretion of the police commissioner of Boston. See Boston v. Boston Police Patrolmen’s Assn.,
As explained, however, in School Comm, of Newton v. Labor Relations Commn.,
Judgment affirmed.
