Secretary of Administration & Finance v. Commonwealth Employment Relations Board
Secretary of Administration & Finance v. Commonwealth Employment Relations Board
Opinion of the Court
The Secretary of the Executive Office of Administration and Finance (A & F) appeals from a decision and order of the Commonwealth Employment Relations Board (board).
We address first the contention that A & F’s appeal should be dismissed because it failed to comply with the filing requirements for judicial review. We then consider whether the union’s charge of repudiation of the memorandum by A & F was filed within the six-month limitations period.
Discussion. A. Filing requirements for A & F’s appeal. The union, as intervener, argues that the Appeals Court does not have
“Any party aggrieved by a final order of the commission may institute proceedings for judicial review in the appeals court within thirty days after receipt of said order. The proceedings in the appeals court shall, insofar as applicable, be governed by section 14 of chapter thirty A.”7
Here, the board issued its decision on July 27, 2007. Pursuant to the board’s instructions,
As originally drafted in 1973, and as amended before 1981, G. L. c. 150E, § 11, contained no specific provision for review of the board’s decisions. See St. 1973, c. 1078, § 11. Appeals from the board could first be brought in Superior Court pursuant to G. L. c. 30A, § 14 (§ 14). See Labor Relations Commn. v. Everett, 7 Mass. App. Ct. 826, 828 (1979). In 1981, however, the Legislature added the language to G. L. c. 150E, § 11, previously quoted (the 1981 amendment), specifically providing for judicial review in the Appeals Court. Subsequent to the 1981 amendment, the appeals pursuant to § 11 were only governed by § 14 “insofar as applicable.”
The 1981 amendment does not explicitly address whether § 14 governs the procedure for filing appeals. The Massachusetts
Consistent with the Massachusetts Rules of Appellate Procedure, the appropriate court with which to file a notice of appeal is governed by Mass.R.A.P. 3(a), as amended, 378 Mass. 927 (1979) (rule 3 [a]), which states that “[a]n appeal permitted by law from a lower court shall be taken by filing a notice of appeal with the clerk of the lower court within the time allowed by Rule 4.”
B. Limitations period. On appeal, “[o]ur review of the [board’s] decision is governed by the principles of G. L. c. 30A, § 14. See G. L. c. 150E, § 11. See also Worcester v. Labor Relations Comm’n, 438 Mass. 177, 180 (2002). Therefore, we ‘accord deference to the [board’s] specialized knowledge and expertise, and to its interpretation of the applicable statutory provisions.’ Id. We will set the [board’s] decision aside only if it is ‘[arbitrary or capricious, an abuse of discretion, or otherwise
The union originally filed a claim against A & F for failing to comply with the terms of the memorandum.
A & F argues that after the union received A & F’s October 3, 2002, letter,
The board erred when it found that the union’s claim was not time barred by the six-month limitations period.
The union argues that the six-month statute of limitations
Thus, this is not a case where the complainant’s delay in filing satisfies the regulation’s good cause exception. 456 Code Mass. Regs. § 15.03. The board erred in determining that because the union’s February 10 letter was a genuine and reasonable attempt to obtain “full and fair answers” to A & F’s October 3 response, the union was not sufficiently on notice after it received A & F’s
Conclusion. The decision and order of the board are reversed. A new order shall enter consistent with this opinion.
So ordered.
Formerly the Labor Relations Commission. (See G. L. c. 23, § 90, as amended through St. 2007, c. 145, § 5.) References to the board include the former Labor Relations Commission.
Line items 1599-4005 of St. 2000, c. 354, state, in pertinent part, “[A] total of $300,000 . . . shall be made available to meet the commonwealth’s obligations pursuant to the provisions of memorandums [sz'c] of understanding signed October 13 [sz'c], 2000 and shall not expire until June 30, 2004.”
The initial procedure here resembles that described in Sheriff of Worcester County v. Labor Relations Commn., 60 Mass. App. Ct. 632, 633 n.2 (2004).
The October 10, 2000, memorandum between A & F and the union states that the parties agree to:
“1. . . . the establishment of a Joint Labor/Management Committee, consisting of three (3) members designated by MCOFU and three (3) members designated by [A&F], Said Committee shall meet and develop mutually agreed-upon policies and implementation procedures for an Alternative Dispute Resolution Program .... Only with the consent of both parties will a grievance be referred to Alternative Dispute Resolution (ADR). Nothing in this [memorandum] constrains MCOFU’s ability to utilize the grievance procedure ....
“2. The Committee will make every effort to recommend an Alternative Dispute Resolution pilot program within six (6) months from the signing of the agreement.
“4. [A & F] shall establish a fund of three hundred thousand dollars ($300,000) effective January 1, 2001 to be used to pay costs associated with mediation and dispute resolution.
“5. The parties agree to operate this pilot program for a period of three years, effective from the date of signing . . . .”
In view of our resolution of these two issues, we do not consider whether the board erred in concluding that the agreement had been repudiated.
General Laws c. 150E, § 11, was rewritten by St. 2007, c. 145, § 7, effective November 12, 2007. The relevant language quoted here is now contained, with minor alterations, in G. L. c. 150E, § ll(z'). Although we cite the statute as it was in effect at the time that A & F filed its appeal, the 2007 amendment to the statute would not affect the outcome.
The following instructions about the appeals process were included at the bottom of the board’s July 27, 2007, decision:
“To claim ... an appeal, the appealing party must file a Notice of Appeal with the [board] within thirty (30) days of receipt of this decision. No Notice of Appeal need be filed with the Appeals Court.”
Massachusetts Rule of Appellate Procedure 1(e) provides that “ ‘Appellate Court’ means the full Supreme Judicial Court, the full Appeals Court, or a statutory quorum of either, as the case may be, whichever court is exercising statutory jurisdiction over the case at bar.” Mass.R.A.P. 1(e), 365 Mass. 844 (1974).
Section 14 controls elements of the review of board decisions pursuant to § 11 by, for example, specifying the standard of review.
The 1973 Reporters’ Notes to rule 3(a), 47 Mass. Gen. Laws. Ann. at 999
Chicopee Fire Fighters Assn., Local 1710 v. Brown, 432 Mass. 1015, 1015 (2000), cited by the union, is inapposite. There, the court held that the aggrieved party ran afoul of the statutory requirement of G. L. c. 150E, § 11, by “instituting an action in the District Court.” Ibid. Moreover, the court stated that “if an aggrieved party elects to prosecute an appeal, such as here, that party must do so in the Appeals Court.” Ibid. Here, A & F appropriately filed its notice of appeal with the board, and indeed prosecuted its appeal in the Appeals Court in compliance with the statutory requirements of G. L. c. 150E, § 11.
We also distinguish Massachusetts Community College Council MTA/NEA v. Labor Relations Commn., 402 Mass. 352, 353 (1998), also cited by the union, where the court stated that “[the appellant] then filed a timely notice of appeal with the Appeals Court pursuant to G. L. 150E, § 11.” The filing requirements of G. L. c. 150E, § 11, were not at issue in that case, and therefore, it does not appear that the court was addressing the intricacies of the statutory requirement as they related to the Massachusetts Rules of Appellate Procedure.
The union charged that A & F engaged in prohibited practices in violation of G. L. c. 150E, § 10(a)(5), and derivatively, § 10(a)(1).
In a letter to the union dated April 19, 2005, A & F stated that it had spent $293,115.02 of the $300,000 fund.
On September 4, 2002, the union sent a letter to A & F requesting additional information about funds appropriated, “to pay costs associated with mediation and dispute resolution.” A & F’s October 3, 2002, response to the union stated:
“Please be advised that the funds appropriated by [A & F] for the various Alternative Dispute Resolution (ADR) programs have been crucial to the ability of this office to meet its obligations under the contractual*87 dispute resolution processes. Specifically, more than 150 MCOFU grievances have been adjudicated, withdrawn or settled through this program during this calendar year alone. There is currently $297,000 remaining in the unit 4 ADR account.
“[A & F] has designated the following individuals to serve as committee members on the Joint Labor Management Committee .... Please let me know who will serve as the representatives from MCOFU.”
Because the union has never alleged a continuing violation, we need only determine whether the alleged violations occurred more than six months before the union filed its charge with the board.
The text of the February 10 letter was never included in the record below and is therefore not properly before us on appeal. See Mass.R.A.P. 8(a), as amended, 378 Mass. 932 (1979) (“The original papers and exhibits on file, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the lower court shall constitute the record on appeal in all cases”). However, at the hearing before the board, a union representative testified to aspects of the letter during cross-examination. Based on this testimony, the board concluded that the February 10 letter “express[ed] concerns and [sought] additional information about subjects that [A & F] referred to in [its] October 3 letter, including the ADR program, the remaining $297,000 and the [150] grievances.” We reference the February 10 letter only to the extent of these findings by the board.
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