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Scope of Arbitration 2-10
1 Chapter 730 of the Acts of 1977, as amended.
2 Town of Billerica v. International Association of Firefighters, Local 1495, 415 Mass. 692, 694, 615
N.E.2d 564, 565 (1993)
3 Boston Teachers Union, Local 66, American Federation of Teachers (AFL-CIO) v. School Committee of
Boston, 370 Mass. 455, 350 N.E.2d 707 (1976)
4 Local no. 1710, Intl. Assn of Fire Fighters, AFL-CIO v. Chicopee, 430 Mass. 417-421, 721 N.E.2d 378
(1999).
5 See Berkshire Hills Regional Sch. Dist. Comm. v. Berkshire Hills Educ. Assn., 375 Mass. 522, 526-527,
377 N.E.2d 940 (1978) (where the subject of the proposed arbitration is within the employer’s exclusive
and nondelegable statutory authority, it is not a proper subject for collective bargaining or arbitration).
6 See School Comm. of Danvers v. Tyman, 372 Mass. 106, 113, 360 N.E.2d 877 (1977).
7 Sheriff of Middlesex County v. International Broth. of Correctional Officers, Local R1-193 , 62
Mass.App.Ct. 830, 821 N.E.2d 512 (2005).
8 See Tedeschi v. Reardon, 5 F.Supp.2d 40, 42 n.3 (D.Mass. 1998) (noting that appointing as a deputy
sherif confers “general law enforcement powers” and the corection oficers in Esex County must be
sworn as deputy sheriffs to be eligible for street detail); Commonwealth v. Howe, 405 Mass. 332, 334, 540
N.E.2d 677 (1989) (finding that deputy sheriffs are common-law “peace oficers” with the authority to
make an arrest for a breach of the peace); Commonwealth v. Baez, 42 Mass.App.Ct. 565, 567, 569 n.6, 678
N.E.2d 1335 (1997) (providing examples of statutes authorizing deputy sheriffs to serve criminal process
and to make arrests in certain circumstances). Indeed, one of the reasons cited by Cassidy for wanting to be
appointed as a deputy sheriff was so he could “expand both [his] job duties and [his] earning potential.
9 Massachusetts Coalition of Police, Local 165, AFL-CIO v. Northborough, 416 Mass. 252, 255, 620
N.E.2d 765 (1993) (holding that a board of selectmen’s decision not to reappoint a police officer is a
nondelegable and nonarbitrable managerial prerogative pursuant to G.L. c. 41, § 97A); Selectmen of Ayer v.
Sullivan, 29 Mas.App.Ct. 931, 932, 558 N.E.2d 1 (1990) (holding nondelegable the right of town’s
selectmen to appoint police officers under G.L. c. 41, § 96;Boston v. Boston Police Patrolmen’s Asn., Inc.
41 Mas.App.Ct. 269, 272, 669 N.E.2d 466 (1996) (discusing a broad “zone of managerial authority”
statutorily reserved to the police commisioner for purpose of “public safety and a discipline police force
[that] require managerial control over matters such as staffing levels, assignments, uniforms, weapons,
definition of duties, and deployment of personnel”).
10 Blue Hills Regional Dist. Sch. Comm. v. Flight, 383 Mass. 642, 644, 421 N.E.2d 755 (1981).
11 Id. At 644, 421 N.E.2d 755. Se, Art. 1 of the Declaration of Rights of the Mass. Constitution.
12 Massachusetts Coalition of Police, Local 165, AFL-CIO v. Northborough, 416 Mass. at 257, 620 N.E.2d
765.
13 Blue Hills Regional Dist. Sch. Comm. v. Flight, 383 Mass. at 644, 421 N.E.2d 755.
14 Massachusetts Coalition of Police, Local 165, AFL-CIO v. Northborough, 416 Mass. at 257, 620 N.E.2d
765. See Higher Educ. Coordinating Council v. Massachusetts Teachers Assn., 423 Mass. 23, 33, 666
N.E.2d 479 (1996); School Comm. of New Bedford v. New Bedford Educators Assn., 9 Mass.App.Ct. 793,
801-802, 405 N.E.2d 162 (1980).
15 See Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007, 553 N.E.2d 1284
(1990), and cases cited.
16 School Dist. of Beverly v. Geller, 435 Mass. 223, 229, 755 N.E.2d 1241 (2001) (Cordy, J., concurring).
17 See G.L. c. 150C, §11. See also School Comm. of Pittsfield v. United Educators of Pittsfield, 438 Mass.
753, 758, 784 N.E.2d 11 (2003) (“Arbitration has long been viewed as a particularly appropriate and
efective means to resolve labor disputes”).
18 See Lynn v. Thompson, 435 Mass 54, 61, 754 N.E.2d 54 (2001); Plymouth-Carver Regional Sch. Dist. v.
J. Farmer & Co., supra. See G.L. c. 150C, § 11(a)(3). (Superior Court judge “shal” vacate arbitration
award where “the arbitrators exceeded their powers or rendered an award requiring a person to commit an
act or engage in conduct prohibited by state or federal law”).
19 Bureau of Special Investigations v. Coalition of Pub. Safety, 430 Mass. 601, 603, 722 N.E.2d 441 (2000),
quotingMasachusets Highway Dep’t v. American Fed’n of State, County & Mun. Employees, Council 93,
420 Mass. 13, 16 n. 5, 648 N.E.2d430 (1995).
Commonwealth of Massachusetts