City of Lynn v. Council 93, American Federation of State, Local 193
City of Lynn v. Council 93, American Federation of State, Local 193
Opinion of the Court
The city of Lynn (city) appeals from a Superior Court summary judgment pursuant to G. L. c. 150C, effectively confirming an arbitration award in favor of Council 93, American Federation of State, County, and Municipal Employees, Local 193 (union), a labor organization representing various city employees. We affirm the judgment. The underlying dispute concerns the city’s appointment of twelve persons to newly created positions, described in an amendment to the parties’ collective bargaining agreement (CBA) as “E-911 regional Call-Takers.” The arbitrator’s award held that the city violated the seniority provision of the CBA when it “bypassed” city employees within the bargaining unit represented by the union and appointed persons outside of that unit to the new positions. As remedy for the violation, the arbitrator vacated the appointments and ordered the city to fill the vacancies thus created from within the bargaining unit in accordance with the CBA and to make the new appointees whole for any loss of pay or benefits suffered as a result of not originally having been selected.
On appeal, the city acknowledges that it does not seek to revisit the merits of the arbitrator’s conclusion that it was required to consider the seniority of bargaining unit employees in making its selections. It claims, however, that it only authorized the arbitrator to declare the rights of the parties with respect to future appointments and that the remedy ordered by him was in excess of his authority.
The city’s argument that the arbitrator’s authority was somehow limited to declaring the future rights of the parties apparently
There is no merit in the city’s claim that the award intrudes on its management prerogative and statutory duty to decide matters of public safety. The arbitrator neither limited the city’s authority to establish the qualifications and training of the persons to be appointed, nor contravened its obligation under G. L. c. 6A, § 18D, to “establish, staff, and operate” an around-the-clock 911 public answering system. Contrast Boston v. Boston Police Patrolmen’s Assoc., 403 Mass. 680, 684 (1989). Similarly without merit is the city’s claim that the bypassed employees represented by the union were required to sign the demand for arbitration or its suggestion that a new standard of review of arbitration awards should be adopted.
Judgment affirmed.
Our record does not contain the union demand for arbitration, the city’s response thereto, or a transcript of the arbitration hearing. Our review, therefore, is based entirely on the information in the arbitral award document.
The city notes in its brief that the issue addressed by the interim award, whether the call-takers were represented by the union, was later rendered moot by a decision of the Massachusetts Labor Relations Commission in favor of the union.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.