United Steelworkers of America v. Commonwealth Employment Relations Board
United Steelworkers of America v. Commonwealth Employment Relations Board
Opinion of the Court
The United Steelworkers of America (union) appeals from a decision of the Commonwealth Employment Relations Board (board) that the union violated its duty of fair representation under G. L. c. 150E, § 10(b)(1). On appeal, the union makes two principal arguments. First, it contends that the board’s decision was not supported by substantial evidence. Second, the union argues that liability was impermissibly imposed
The union and the city of Springfield (city) were parties to the CBA, which was effective from July 1, 1997, to June 30, 2000. Under art. 8.02 of the CBA, a union member could contest his or her job termination
Each route entailed different deadlines for initiating and pursuing a claim. The grievance process involved a series of deadlines for each progressive step (see note 3, supra). A civil service appeal was to be filed within ten days of receiving a decision that there was just cause to terminate the employee (see note 4, supra). At the heart of this suit is the fact that the ten-day deadline was missed, and because of a mistaken assumption that the civil service appeal remained timely, the grievance process was not pursued through arbitration. When the error was discovered, it was too late to pursue arbitration, and the employee was left with no timely route for appealing his termination.
Background.
Immediately after receiving these letters, Muniak telephoned his union representative, George Magnan. Muniak read both letters over the telephone to Magnan (who had not received copies of them from the city). Although both letters referenced the civil service statute, copies of the statutory provisions themselves were included only in the attachments, which Muniak did not read to Magnan.
On March 17, 2000, following a hearing, the city found just cause to terminate Muniak’s employment effective March 20. On March 18, Muniak telephoned Magnan, who said that he would file a grievance under the CBA’s grievance procedure. Muniak, having received and read the sections of the civil service statute previously provided by the city, expressed a preference to pursue the matter instead before the commission. Mag-nan repeated that he did not handle civil service matters and again suggested that Muniak retain counsel. Muniak asked Mag-nan about the ten-day period to appeal to the commission. Mag-nan replied that under the CBA, Muniak did not have to choose between arbitration or civil service until later in the process. Mu-niak interpreted Magnan’s statements to mean that he did not yet have to file an appeal with the commission and could wait to do so until the grievance process had progressed further. This was incorrect; no more than nine days remained for filing a civil service appeal.
Over the next few weeks, Magnan attempted unsuccessfully to resolve the matter through the first and second steps of the grievance process.
On May 2, 2000, Muniak appealed to the commission, which ultimately dismissed his appeal as untimely.
Muniak filed a charge with the board, alleging that the union had committed a breach of its duty of fair representation under G. L. c. 150E, § 10(6)(1).
Sufficiency of the evidence. The union argues that the board’s decision was based on insufficient evidence. That argument, however, is not available to the union because it failed to provide a complete transcript of the hearing. “That a transcript must be submitted to support a claim that the evidence was insufficient is not some hypertechnical requirement, but a reflection of the fact that resolution of such a claim requires the reviewing court to see the entirety of the evidence that was presented.” Covell v. Department of Social Servs., 439 Mass. 766, 782 (2003). See Sturdy Memorial Foundation, Inc. v. Assessors of N. Attleborough, 47 Mass. App. Ct. 519, 519 (1999), S.C., 60 Mass. App. Ct. 573 (2004); Mass.R.A.P. 8(b)(1), as amended, 430 Mass. 1603 (1999) (appellant’s duty to provide transcript).
Our review, therefore, is limited to determining whether the board’s decision is marred by legal error or is otherwise arbitrary, capricious, or an abuse of discretion. G. L. c. 30A, § 14(7). See Connolly v. Suffolk County Sheriff’s Dept., 62 Mass. App. Ct. 187, 193 (2004) (“unless it is clear that the [board’s] ultimate findings are not supported by [its] subsidiary findings . . . review is limited to determining whether error of law occurred”). In addition, we give deference to the board’s specialized knowledge in interpreting collective bargaining agreements and applicable statutory provisions. Anderson v. Commonwealth Employment Relations Bd., 73 Mass. App. Ct. 908, 910 (2009). See Children’s Hosp. Corp. v. Rate Setting Commn., 410 Mass. 66, 68-69 (1991) (deference given to agency’s interpretation of contract); Everett v. Local 1656, Intl. Assn. of Firefighters, 411 Mass. 361, 368 (1991) (interpretation of collective bargaining agreements is board’s “traditional role, as to which it possesses special expertise”). Applying those principles, we next turn to the union’s argument that, as matter of law, the board incorrectly found a duty where none exists.
The duty of fair representation. Pointing specifically to the
“Once the Union negotiated and incorporated the language in both Article 7 Civil Service and Article 8.08 Choice of Remedy into the Agreement, the Union voluntarily assumed the duty to notify bargaining unit members about the procedural interplay between the civil service law and the terms of the Agreement, particularly the time limits for filing an appeal under the civil service law.”
The union argues that this is a novel, per se obligation that conflicts with the broad latitude, discretion, and “fairly generous scope for inaction” it is permitted without committing a breach of the duty of fair representation.
We need not and do not address the question whether the terms of the CBA alone sufficed to create a duty to inform Muniak of the civil service filing deadlines. This is not that case. Instead, as shown by the extensive, detailed factual findings of the board, there were several additional bases on which to impose a duty and find its breach. See National Assn. of Govt. Employees, Local R1-162 v. Labor Relations Commn., 17 Mass. App. Ct. 542, 543 (1984) (affirming board’s decision on separate ground).
The union hired Magnan in 1998 as a staff representative.
During virtually every conversation, Muniak told Magnan that he wanted to pursue an appeal to the commission. Equally consistently, Magnan responded that he would not represent Muniak in the civil service process. Their conversations, however, extended beyond these narrow exchanges. When Muniak received the two letters dated March 6, he read them to Magnan, including their references to the State civil service statute. Magnan, who had not received the letters, took it upon himself to request that the city send them to him, which it did. However, Magnan thereafter apparently made no effort to determine what, if any, implications the civil service statute might have for Muniak’s case.
Knowing nothing about the civil service statute or about its applicable deadlines, having made no effort to rectify that ignorance, and knowing that Muniak’s preferred route of redress was civil service, not the grievance process, on March 18 (while Muniak’s civil service claim could still be timely filed), Magnan incorrectly and affirmatively advised Muniak that he could defer filing his civil service claim in favor of the grievance process. Once Magnan voluntarily chose to give advice on the subject of the interplay between the civil service deadlines and the terms of the CBA, he had an obligation to know what he was talking about. “Although ordinary negligence may not amount to a denial of fair representation, lack of a rational basis for a union decision and egregious unfairness or reckless omissions or disregard for an individual employee’s rights may have that effect.” Goncalves v. Labor Relations Commn., 43 Mass. App. Ct. 289, 294 (1997), quoting from Trinque v. Mount Wachusett Community College Faculty Assn., 14 Mass. App. Ct. 191, 199 (1982). While union officials are not required “to make any complex legal interpretation [or] exhibit reasoning akin to that of the commission or of a
This breach of the duty of fair representation arguably deprived Muniak only of his preferred choice of forum by causing him to defer filing an appeal with the commission until it was too late. However, this first breach was compounded by a second, more harmful one. At least a month after the civil service deadline had passed, Magnan and Muniak spoke about whether to elect arbitration, the final step in the CBA’s grievance process. Mag-nan knew that the choices were mutually exclusive; under the CBA, electing a civil service appeal would preclude pursuing arbitration. He advised Muniak to pursue the civil service appeal
These facts must be taken in conjunction with the terms of the CBA, which incorporate the requirements of the civil service statute and provide for a procedural interplay between the CBA’s grievance process and that statute. Taking all the circumstances together, the board’s determination that the union had committed a breach of its duty of fair representation through inexcusable neglect was not marred by legal error, nor was it otherwise arbitrary, capricious, or an abuse of discretion. G. L. c. 30A, § 14(7). As the board properly determined, the union’s failure to demand
Decision of the Commonwealth Employment Relations Board-affirmed.
Article 7.01 of the CBA provided that “[the city] and the Union shall recognize and adhere to all Civil Service and State labor laws, rules and regulations, relative to . . . discharges, removals and suspensions.” As a result of this provision, G. L. c. 31, § 41 (which requires the city to show just cause before discharging, removing, or suspending a tenured employee), was incorporated into the CBA.
Article 8.02 of the CBA provided that “[g]rievances shall be processed as follows:
“Step 1. The Union representative with or without the aggrieved employee shall present the grievance orally to the employee’s immediate supervisor outside of the bargaining unit, who shall attempt to adjust the grievance informally.
“Step 2. If the grievance is not settled at Step 1, it shall be presented in writing to the Department Head within eight (8) calendar days from the date of the presentation at the Step 1 level.
“Step 3. If the grievance is not settled within ten (10) calendar days from the date of written presentation at the Step 2 level, the grievance shall be submitted within ten (10) calendar days to the Labor Relations Department of the City.
“Step 4. If the grievance is not settled within ten (10) calendar days from date of presentation at the Step 3 level, the Union may submit the grievance to arbitration. Such submission must be made within sixty (60) calendar days after the expiration of the ten (10) calendar days referred to herein.
“Within the aforesaid sixty (60) calendar days period, written notice of said submission must be given to the Employer by delivery in hand, or by mail to the office of the Mayor.”
General Laws c. 31, § 43, as amended by St. 1981, c. 767, § 20, provides
If a union member chose to appeal to the commission, the CBA’s “choice of remedies” provision would bar the matter from proceeding to arbitration. Likewise, a civil service appeal was to be dismissed “[i]f the commission determines that such appeal has been previously resolved or litigated with respect to such person, in accordance with the provisions of [a collective bargaining agreement’s grievance process], or is presently being resolved in accordance with such [process].” G. L. c. 31, § 43.
Article 8.02 of the CBA provided that “[t]he Union representative with or without the aggrieved employee shall present the grievance,” while art. 7.02 provided that “[t]he Union farther reserves the right to represent employees under any such [civil service] procedure.”
The parties do not challenge any of the board’s factual findings.
Muniak was reported to have intentionally put sugar into the gasoline tank of a DPW truck and to have threatened to resolve his issues with management by getting his gun.
After this conversation, Magnan asked the city to send him copies of all letters relating to Muniak’s suspension and termination. At some point before mid-March, 2000, the city sent copies of the letters to Magnan but did not enclose copies of the statutes.
On March 27, 2000, Magnan filed a grievance asserting the city had
During another conversation in late April, 2000, Magnan encouraged Muniak to pursue a civil service appeal by telling him that “someone in the [ujnion office who was knowledgeable about civil service” said that civil service “was the route to follow in Muniak’s discharge.”
The board issued a complaint corresponding to Muniak’s charge. After an evidentiary hearing, a hearing officer issued recommended findings of fact, which were adopted by the board with supplementation from the record.
“A union has a duty to represent its members fairly in connection with issues that arise under a collective bargaining unit.” Goncalves v. Labor Relations Commn., 43 Mass. App. Ct. 289, 293 (1997), quoting from National Assn. of Govt. Employees v. Labor Relations Commn., 38 Mass. App. Ct. 611, 613 (1995). “Unions are permitted ‘a wide range of reasonableness’ in representing the often-conflicting interests of employees; hence, unions are vested with considerable discretion not to pursue a grievance, as long as their actions are ‘not improperly motivated, arbitrary, perfunctory or demonstrative of inexcusable neglect.’ ” Ibid., quoting from Graham v. Quincy Food Serv. Employees Assn. & Hosp., Library & Pub. Employees Union, 407 Mass. 601, 606 (1990). See National Assn. of Govt. Employees v. Labor Relations Commn., supra (union commits breach of duty if its actions toward member are discriminatory, arbitrary, in bad faith, grossly inattentive, or grossly negligent).
Magnan also assured Muniak that a knowledgeable union official, who was familiar with the case, had concluded that civil service was the “route to follow.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.