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School Committee of Hanover vs. John Curry & others

Massachusetts Supreme Judicial Court1976-02-03
369 Mass. 683

Summary

Holding. The school committee's decision to abolish a supervisory position falls within its exclusive, nondelegable statutory authority and cannot be submitted to arbitration under the collective bargaining agreement. The court affirmed the Superior Court's vacation of the arbitrator's award.

The Hanover School Committee abolished the position of supervisor of music, and the teachers' association invoked arbitration under their collective bargaining agreement on behalf of the affected employee. The arbitrator ruled in the employee's favor, finding that the agreement prevented the abolition and ordering reinstatement and back pay. However, the court concluded that although arbitrators generally interpret collective bargaining agreements, certain decisions involving public schools cannot be delegated to arbitration due to governmental interests and public policy concerns.

The court held that the school committee lacked the power to bind itself through arbitration on a matter of personnel structure, particularly one within the statutory authority of school committees. The arbitrator therefore acted beyond his authority by attempting to prevent the committee from abolishing the position. The court affirmed the Superior Court's decision to vacate the arbitrator's award.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Scope of arbitration authority under collective bargaining agreements in public schools
  • Whether school committees can delegate personnel decisions to arbitration
  • Public policy limits on arbitrability of governmental employment decisions

Procedural posture

The association appealed after the Superior Court vacated the arbitrator's award upholding the grievance, and the appeals court affirmed; the case then proceeded to further appellate review.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Braucher, J.

The Hanover school committee (committee) unilaterally abolished the position of supervisor of music, and the Hanover Teachers’ Association (association) invoked the arbitration provisions of the collective bargaining agreement on behalf of the employee involved. The Appeals Court held that the abolition of the position “was committed to the exclusive, nondelegable decision of the school committee by G. L. c. 71, § 37, . . . that the issue here should not have been submitted to the arbitrator for decision and that his decision was a nullity.” School Comm. of Hanover v. Curry, 3 Mass. App. Ct. 151, 159 (1975). Substantially for the reasons given by the Appeals Court, we agree with its decision, but we think it appropriate to point out that this decision must be read together with our decision in School Commn. of Braintree v. Raymond, decided today, post 686 (1976).

Since the case is stated fully in the comprehensive opinion of the Appeals Court, we set forth only a brief summary of the facts. The collective bargaining agreement between the parties was effective for two years ending August 31, 1973. Early in 1973 the committee decided to abolish the position, effective September 1, 1973, and the association and the affected employee filed grievances. After discussion between the parties the committee adhered to its position, and the parties submitted to arbitration the issues, “Did the School Committee violate the Agreement by eliminating the position of Supervisor of Music? If so, what should the remedy be?”

The arbitrator upheld the grievance, ruled that the committee, in eliminating the position, did violate the agreement, and ordered the employee reinstated to his former position and made whole for earnings lost. On the committee’s application under G. L. c. 150C, § 11 (a) (3), the Superior Court vacated the award, and the Appeals Court affirmed. We allowed the association’s application for further appellate review, and we also affirm.

The arbitrator has ruled that the collective bargaining agreement prevented the committee from abolishing a supervisory position, even though the abolition was not to take effect until after the agreement expired. We do not review the arbitrator’s interpretation of the agreement, since that subject is committed to the arbitrator by the agreement. But, for the reasons given by the Appeals Court, we hold that it was beyond the power of the committee to bind itself to that result or to delegate to an arbitrator the power so to bind the committee. The arbitrator therefore exceeded his powers, and the Superior Court properly vacated his award. G. L. c. 150C, § 11 (a) (3). “Public policy, whether derived from, and whether explicit or implicit in statute or decisional law, or in neither, may . . . restrict the freedom to arbitrate. . . . Key to the analysis is that the freedom to contract in exclusively private enterprises or matters does not blanket public school matters because of the governmental interests and public concerns which may be involved, however rarely that may ever be.” Susquehanna Valley Cent. School Dist. at Conklin v. Susquehanna Valley Teachers’Ass’n, 37 N.Y.2d 614, 616-617 (1975).

The order of the Superior Court vacating the award is affirmed. Judgment is to be entered to that effect.

So ordered.

325 N.E.2d 282, 287 (1975).