311 Mass. 223 | Mass. | 1942
This is a petition for a writ of certiorari to quash arbitration proceedings had between the petitioner and the Loomfixers’ Club Association before the respondent board, which made an award that the wages then being paid to loom fixers employed by the petitioner be increased by seven per cent. The judge of the Superior Court entered an order on January 15, 1941, that the petition be dismissed “as a matter of law” and reported the case to this court upon the petition, the answer, the return and amendment thereto, and upon the order for judgment. The case was argued before this court on May 12, 1941, which date was more than six months after the award as amended was made by the board.
The petitioner is a Massachusetts corporation engaged in the manufacture of cotton textiles in Lowell, and has in its employ a class of workers known as loom fixers, whose function is to repair and keep the looms in good working order.
In the fall of 1939 the loom fixers employed by the petitioner sought an increase of wages. After several attempts to reach a settlement of their demands, in which the respondent board took part as a board of conciliation, a strike was called by the loom fixers on June 18, 1940. The loom fixers were represented by the Loomfixers’ Club Association. On that day the respondent, still acting as a board of conciliation, called a conference at which representatives of the petitioner and of the loom fixers were
We are of opinion that the award made by the board is invalid.
The petitioner and the loom fixers submitted two questions for arbitration: what should be a fair rate of wages, and what should be a fair work load for the loom fixers. It is manifest that these questions were interdependent. The board, however, while making certain general observations and recommendations about the work load based upon the report of Tully, did not decide what was a fair work load, but merely awarded an increase in wages to the loom fixers. In so doing the board, acting as arbitrators, did not pursue its commission as to one of the questions submitted for arbitration which had a direct bearing upon the proper determination of the other question as to which an award was made. “That an award which fails to decide all - the material questions submitted is invalid, is a principle well established.” Parker v. Clark, 104 Mass. 431, 433. Rollins v. Townsend, 118 Mass. 224, 227, and cases cited. Kabatchnick v. Hoffman, 226 Mass. 221, 224.
Under the provisions of the governing statutes, upon submission of the controversy to the members of the board as arbitrators, the board is required to hear all persons interested and to make a written decision “which shall at once be made public, shall be open to public inspection and shall be recorded by the board.” G. L. (Ter. Ed.) c. 150, § 5, as appearing in St. 1938, c. 364, § 2. Under § 8 the board or any member thereof is authorized to summon witnesses, administer oaths, take testimony and to
So ordered.