Boston Police Patrolmen's Ass'n v. City of Boston
Boston Police Patrolmen's Ass'n v. City of Boston
Opinion of the Court
Pursuant to a collective bargaining agreement, Boston police Officer John Bergquist grieved, then demanded arbitration regarding, a three-day suspension. An arbitrator upheld the charge of the city of Boston (city) that Bergquist had engaged in conduct unbecoming an officer, but found in favor of Bergquist on the charges of neglect of duty and failure to obey the orders and directives of a superior. The arbitrator then concluded that, given proof of only the single charge and Bergquist’s prior clean disciplinary record, a three-day suspension was excessive, and ordered that the penalty be reduced to a written reprimand.
1. Background. The case arises out of a dispute between Bergquist and his patrol supervisor, Sergeant David Allen, regarding Bergquist’s alleged failure to write parking tickets. The facts pertaining to the confrontation are disputed, but a decision in this appeal does not turn on resolving the factual disagreements. The case was precipitated by a written notice served on Bergquist by Captain Frederick Daniels that set forth that Bergquist would be suspended for three days for violating department rules governing conduct unbecoming an officer, neglect of duty, and failure to obey orders and directives. Bergquist made a timely request for a departmental hearing; the hearing was conducted; and the suspension was upheld by the police commissioner. The union, in accordance with an applicable collective bargaining agreement, filed a grievance on Bergquist’s behalf; the grievance was denied after a hearing; and the union demanded arbitration.
The single arbitrator formulated the issues as follows:
2. Discussion. “Unlike our review of factual findings and legal rulings made by a trial judge, we are strictly bound by an arbitrator’s findings and legal conclusions, even if they appear erroneous, inconsistent, or unsupported by the record at the arbitration hearing.” Lynn v. Thompson, 435 Mass. 54, 61, cert, denied, 534 U.S. 1131 (2001). We do not mean thus to suggest any view of the merits of the arbitrator’s decision here. We mean only to emphasize that the parties, having contractually agreed to abide by the determination of a third party, cannot ordinarily obtain judicial relief if they disagree with the decision rendered by the individual whom they have empowered to adjudicate the controversy. Exceptions to this principle are limited. See G. L. c. 150C, § 11. Fraud or other impropriety may furnish a basis for setting aside an arbitration award. See Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990). Likewise, confirmation shall be denied where the relief awarded offends public policy. See Bureau of Special Investigations v. Coalition of Pub. Safety, 430 Mass. 601, 603 (2000). Such allegations are not present here. However, arbitration being the product of an agreement, the arbitrator is without authority to decide matters outside the scope of what the parties have agreed shall be arbitrated. This is reflected in G. L. c. 150C, § 11(a), which provides in relevant part that “[ujpon application of a party, the superior court shall vacate an award if . . . (3) the arbitrators exceeded their powers.”
Here, the union argues that the arbitrator acted within her authority because, under Article V A, § 1, of the collective bargaining agreement, Bergquist was entitled not to be “disciplined or discharged without just cause.” In this regard, the union asserts that the concept of “just cause” requires consideration of the severity of the penalty that has been imposed in relationship to the offense. On its part, the city contends that the arbitrator was authorized to consider only whether the facts justified the imposition of discipline at all, and, if so, that the discipline imposed was beyond the scope of the parties’ referral.
Because the scope of the arbitrator’s authority is central to a resolution of this dispute, indeed central to all arbitrations, it is with some bewilderment that we note that these parties, each experienced in the collective bargaining arena, appear to have arbitrated this case without sharing an understanding of what the arbitrator was being asked to decide. We turn to the pleadings to resolve the dilemma. In its complaint seeking to vacate the arbitration award, the city alleged as follows in paragraph 9: “The parties agreed to submit the following issues to an arbitrator for her determination: a. Is the grievance arbitrable? b. Was there just cause to discipline Officer John Bergquist for his conduct on December 5, 1998? c. If not, what shall be the remedy?” In its answer to the complaint, the union admitted the allegations of the said paragraph 9. “In any civil action pleadings shall not be evidence on the trial, but the allegations therein shall bind the party making them.” G. L. c. 231, § 87. Whether proceedings to confirm or vacate an arbitration award constitute a “civil action” need not consume our attention. At least in this case, where the proceedings were initiated by a complaint asserting factual propositions, followed by an answer responding to the factual allegations, the principle applies. Consequently, the portions of the pleadings referred to became the equivalent of a stipulation on the subject, and we govern ourselves accordingly in our analysis.
Given the formulation of the questions, there is little doubt
However, the third question demonstrates that the referral to the arbitrator was not intended to be so simple. That question (“If not, what shall be the remedy?”) presupposes that the arbitrator has answered the second question in the negative: in other words, that there has been a determination that the city did not have just cause to discipline Officer Bergquist. Nevertheless, the inquiry does not end at this point. Rather, the parties specifically requested that the arbitrator, having concluded that just cause was lacking, decide what would be an appropriate remedy.
The third question makes sense only on the view that a consideration of “just cause to discipline” includes whether the discipline was suitable in light of the offense. The city’s theory that the penalty was outside the arbitrator’s jurisdiction fails to account for the presence of a question that explicitly refers to “the remedy.” We conclude that the parties anticipated the possibility that the arbitrator would determine that the sanction visited on Officer Bergquist was too harsh (either because it was excessive in the light of fully proved charges, or because, as here, not all the charges were proved), and, should that occur, left to the arbitrator the task of fashioning a penalty that was suitable.
Given this “broad arbitration clause,” see Local No. 1710, Intl. Assn. of Firefighters, AFL-CIO v. Chicopee, 430 Mass. 417, 422 (1999), we are satisfied that the severity with which this municipal employer treats its police officers in disciplinary proceedings can be the subject of a grievance. Indeed, collective bargaining agreements “usually do not limit the arbitrator’s power to formulate remedies in discharge or discipline cases,” and arbitrators “have consistently held that an excessively harsh penalty for misconduct violates the requirement that discipline be imposed only for just cause.” American Bar Association, Discipline & Discharge in Arbitration, at 85-86 (Norman Brand ed., 1998). “Normally, an arbitrator is authorized to disagree with the sanction imposed for employee misconduct.” United Paperworkers Intl. Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 41 (1987) (case under Federal Arbitration Act). For the reasons stated above, we conclude that the parties, consistent with the collective bargaining agreement, included the level of discipline within the arbitral reference. The arbitrator’s resolution of issues within the scope of the parties’ reference is final. See Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. at 1007.
3. Conclusion. The judgment of the Superior Court is reversed. Judgment shall enter confirming the arbitrator’s award.
So ordered.
The city also contended that the employee had failed to file his grievance on time, lilis defense was rejected by the arbitrator, with that decision being accepted by the judge. The city has not appealed from that ruling.
As set forth below, there is a dispute whether her formulation accurately reflects the subject matter that the parties agreed to refer.
3 This referred to the question of the timeliness of the grievance, an issue that is not pressed on appeal.
We note that the arbitrator, a neutral without a position to assert in the litigation, formulated the issues consistently with the parties’ pleadings,
Indeed, the city submitted to the arbitrator past cases involving similar levels of discipline, thereby suggesting that the city recognized that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.