Coffey v. County of Plymouth
Coffey v. County of Plymouth
Opinion of the Court
Richard Coffey (employee) contends that benefits under G. L. c. 126, § 18A, which protects county correctional officers from loss of pay on account of injuries inflicted by violent prisoners or patients, should be computed at current salary levels for the same position.
The employee brought suit against the county in the Superior Court in October of 1996, seeking the pay increases denied him from February 22, 1990, the date upon which he became permanently and totally disabled at work while attempting to quell a prison riot.
It is agreed that the collective bargaining agreement is silent on the subject of computation of “regular salary” under the statute. The judge concluded, however, that employees’ salaries are a subject within the scope of the agreement. Moreover, reasoned the judge, the employee “has failed to demonstrate that his employer repudiated or nullified the grievance machinery,” and thus must exhaust this remedy before suing the employer. See Balsavich v. Local Union 170, Intl. Bhd. of Teamsters, 371 Mass. 283, 286 (1976). We disagree.
The legal principle which is to be applied in resolving this threshold issue is well established. “[Sjubstantive rights in the labor relations context can exist without interpreting collective-bargaining agreements.” Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 411 (1988). Despite the strong policy favoring arbitration, distinct considerations arise “where the employee’s claim is based on rights arising out of a statute designed to provide minimum substantive guarantees to individual workers.” Atchison, Topeka & Santa Fe Ry. Co. v. Buell, 480 U.S. 557, 564-565 (1987), quoting from Barrentine
The crux of the case is, then, the meaning of the phrase “regular salary” as used in G. L. c. 126, § 18A, inserted by St. 1953, c. 355, amended by St. 1977, c. 1002. Prior to May 8, 1953, there was nothing to cover the gap between an employee’s regular salary and his lesser entitlements under G. L. c. 152, the workers’ compensation statute. Section 18A provides that a correctional officer injured on duty by prisoners’ acts of violence shall be paid, in addition to his workers’ compensation benefits, the difference between those benefits and his “regular salary.”
The county argues that the words “regular salary” refer only to the wages that the employee earned at the time of his injury, in this case $550.97 per week. Subsequent step and cost of living increases under the collective bargaining agreement have been excluded from the calculation of his § 18A benefits, such that while his former coworkers’ salaries have increased substantially, the employee’s weekly benefits have remained at $550.97.
Although we have had no occasion to define “regular salary” in this context, New York has done so. Mashnouk v. Miles, 55 N.Y.2d 80, 88 (1982), held that the phrase “regular salary or wages” as employed in a statute similar to G. L. c. 126, § 18A,
It is a “golden rule of statutory interpretation” that, as between competing statutory interpretations, the one that leads to an unreasonable result is rejected in favor of the one that leads to a reasonable result. Commonwealth v. Maracic, 18 Mass. App. Ct. 722, 724 (1984), quoting from 2A Sands, Sutherland Statutory Construction § 45.12 (4th ed. 1973). Because G. L. c. 152, § 34B, provides for a yearly cost of living adjustment to workers’ compensation benefits, calculated pursuant to 452 Code Mass. Regs. §§ 3.01, 3.03(2) (1997) (referencing periodic “Circular Letters” issued by the Department of Industrial Accidents), those benefits alone will equal or exceed the employee’s original salary level.
The judgment is reversed. Summary judgment is to be entered for the employee in an amount to be determined by the Superior Court on remand for that purpose.
So ordered.
The statute provides, in relevant part: “An employee in a jail or house of correction of a county who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in his custody, and who as result of such injury is entitled to benefits under chapter one
The complaint also sought the sick and vacation days which would have accrued had he remained actively employed, but the employee does not pursue that claim on appeal. This is wise, as the point has been decided adversely to the employee in the context of similar statutes providing benefits to police officers, firefighters, and other public employees. See Rein v. Marshfield, 16 Mass. App. Ct. 519, 523 (1983); School Comm. of Medford v. Medford Pub. Sch. Custodians Assn., 21 Mass. App. Ct. 947, 948-949 (1986).
The statute in New York, N.Y. Gen. Mun. Law § 207-a(2) (Consol. 1982 & Supp. 2000), provides that a permanently disabled fireman receive, in addition to his accidental disability retirement allowance, “the difference between
To illustrate, in 1990, the employee received $367.32 under G. L. c. 152, § 34B, and $183.66 under G. L. c. 126, § 18A. Thus, if the cost of living multiplier was 1.523, § 34B benefits would be $559.43 ($367.32 x 1.523).
Reference
- Full Case Name
- Richard Stephen Coffey v. County of Plymouth
- Cited By
- 3 cases
- Status
- Published