City of Springfield v. Local Union No. 648
City of Springfield v. Local Union No. 648
Opinion of the Court
Discussion. We first review the judge’s determination that the arbitration clause at issue does not fall within the category of “broad,” as it would if it applied to “any differences arising with respect to the interpretation of th[e] contract.” AT&T Technologies, Inc. v. Communications Wkrs. of Am., 475 U.S. 643, 650 (1986) (AT&T). Language almost identical to this formulation is contained in Article 22 of the collective bargaining agreement (agreement) between the parties, which is entitled “Grievance Procedure.” The right to arbitration is conditioned on the ability to file a grievance, Article 22.04, and the agreement authorizes an employee to file a grievance “in the event of any dispute concerning solely the interpretation o[r] application of this [ajgreement.” Article 22.01(a).
The city’s interpretation of this language hinges on the addition of the word
“22.05 Subject to Paragraph 22.01, the Grievance Committee of the Union may, if it deems it necessary or desirable, on its own motion, file a written statement of grievances pertaining to any matters related to the Employee-Employer relationship, including, but not limited to, discriminatory practices and matters related to health, safety or other terms and conditions of employment. Submission of grievances originated by Grievance Committee shall be initially filed as set forth in 22.02, above.”
This language explicitly allows a grievance, and hence the right to arbitration, “pertaining to any matters related to the Employee-Employer relationship.” This, we may safely say, is broad language.
We do not read the introductory phrase of Article 22.05 as limiting the permissible subject area of a union grievance to that set forth in the first sentence of Article 22.01(a). To do so would render almost the entire remainder of Article 22.05 a nullity. See Lexington Ins. Co. v. All Regions Chem. Labs, Inc., 419 Mass. 712, 713 (1995) (“A contract should be construed in such a way that no word or phrase is made meaningless by interpreting another word or phrase . . .”). Rather, we conclude the reference incorporates the four remaining paragraphs of Article 22.01, which set forth procedures and deadlines for filing grievances, designating representatives, and conducting settlement discussions.
Where there is a broad arbitration clause, courts apply the presumption of arbitrability “in the sense that ‘[a]n order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.’ ” Local No. 1710, Inti. Assn. of Fire Fighters v. Chicopee, 430 Mass. 417, 421 (1999), quoting from AT&T, supra at 650. Barring “any express provision excluding a particular grievance from arbitration . . . only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” AT&T, supra, quoting from Steelworkers v. Warrior & Gulf Nav. Co., 353 U.S. 574, 584-585 (1960). In this case, we conclude that the grievance for medical expense indemnification under G. L. c. 41, § 100, meets this test, but that the grievance for paid leave pursuant to G. L. c. 41, § 111F, does not.
General Laws c. 150E, § 7(d), presents an explicit selection by the
By contrast, and as noted above, G. L. c. 41, § 11 IF, is included in the statutory provisions that may be altered by contract in a collective bargaining agreement. G. L. c. 150E, § l(d)(e). Grievances relating to paid leave during a period of incapacity resulting from a workplace injury enjoy a presumption favoring arbitration created by a broad agreement. Lawrence v. Lawrence Patrolmen’s Assn., supra at 707, citing Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990). In the absence of evidence rebutting the presumption, it follows that this grievance is arbitrable.
Conclusion. So much of the judgment as declares the union grievance under G. L. c. 41, § 100, not arbitrable, and stays the arbitration of that grievance, is affirmed. The judgment shall otherwise be modified to reflect that the union grievance seeking relief under G. L. c. 41, § 11 IF, is arbitrable and not subject to the stay.
So ordered.
Nor do the examples set forth following the phrase “including, but not limited to,” render it otherwise.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.