Wachusett Reg'l Dist. Sch. Comm. v. Wachusett Reg'l Teachers Ass'n, 373 N.E.2d 235 (Mass. App. Ct. 1978). · Go Syfert
Wachusett Reg'l Dist. Sch. Comm. v. Wachusett Reg'l Teachers Ass'n, 373 N.E.2d 235 (Mass. App. Ct. 1978). Cases Citing This Book View Copy Cite
“f violations and grievances are found, the broad discretion in fashioning appropriate remedies”
16 citation events (2 in the last 25 years) across 4 distinct courts.
Strongest positive: City of Lynn v. Council 93, American Federation of State, Local 193 (massappct, 2001-04-30)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) City of Lynn v. Council 93, American Federation of State, Local 193
Mass. App. Ct. · 2001 · quote attribution · 1 verbatim quote · confidence high
f violations and grievances are found, the broad discretion in fashioning appropriate remedies
cited Cited as authority (rule) School Committee v. Needham Education Ass'n
Mass. · 1986 · confidence medium
School Comm. v. Wachusett Regional Teachers Ass’n, 6 Mass. App. Ct. 851, 851 (1978).
discussed Cited as authority (rule) Triton Regional District School Committee v. Triton Teachers Ass'n
Mass. App. Ct. · 1979 · confidence medium
Comm. v. Wachusett Regional Teachers Assn., supra at 851, and cases cited) and may award a remedy "which falls short of intruding into the school committee’s exclusive domain.” School Comm. of Danvers v. Tyman, supra at 114 .
discussed Cited as authority (rule) School Committee of Burlington v. Burlington Educators Ass'n
Mass. App. Ct. · 1979 · confidence medium
Comm. v. Wachusett Regional Teachers Assn., 6 Mass. App. Ct. 851,851 [1978]), is that the association is seeking a decision that the striking teachers are entitled to be paid for working on any days which the committee might tack onto the originally scheduled school closing dates in response to the Board’s determination of the minimum number of school days which would be required in the circumstances (see note 2, supra).
Retrieving the full opinion text from the archive…
Wachusett Regional District School Committee
v.
Wachusett Regional Teachers Association
Massachusetts Appeals Court.
Mar 2, 1978.
373 N.E.2d 235
Brian A. Riley for the defendant., Leo P. McCabe for the plaintiff.
Cited by 14 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #44,150 of 633,719
Citer courts: Massachusetts Appeals Court (2)

It was error to enjoin either arbitration proceeding. The arbitration provisions of the collective bargaining agreement define a "grievance” to include not only "wages, hours, and other conditions of employment” (see School Comm. of Braintree v. Raymond, 369 Mass. 686, 690-691 [1976]) but also any "violation, misinterpretation or inequitable application of the provisions of this agreement.” Both grievants allege violations of the evaluation provisions of the agreement prior to the committee’s making its decisions not to reappoint the grievants. See School Comm. of Danvers v. Tyman, 372 Mass. 106, 114 (1977); Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Assn., 372 Mass. 116, 117, 120 (1977); School Comm. of W. Bridgewater v. West Bridgewater Teachers’ Assn. 372 Mass. 121, 122-123, 124-125 (1977); School Comm. of W. Springfield v. Korbut, 373 Mass. 788, 795-796 (1977). One of the grievants alleges a violation of the provision of the agreement that "[n]o teacher will be removed from the payroll as a result of... changes” effected by the committee’s introduction of new programs of instruction. Under arbitration provisions such as those already quoted, it is for the arbitrators, not a court, to find the facts, construe the provisions of the agreement, determine whether those provisions have been violated, and determine whether any violations they may find constitute grievances within the meaning of the arbitration provisions of the agreement. School Comm. of Hanover v. Curry, 369 Mass. 683, 685 (1976). School Comm. of Danvers v. Tyman, 372 Mass. at 115. Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Assn., 372 Mass. at 119 n.4, 120. School Comm. of W. Springfield v. Korbut, 373 Mass. at 793. School Comm. of Leominster v. Gallagher, 4 Mass. App. Ct. 195, 197 (1976). If violations and grievances are found, the arbitrators have broad discretion in fashioning appropriate remedies. See School Comm. of Braintree v. Raymond, 369 Mass. at 691; School Comm. of Danvers v. Tyman, 372 Mass. at 114; School Comm. of W. Bridgewater v. West Bridgewater Teachers’ Assn., 372 Mass. at 125-126; Bradley v. School Comm. of Boston, 373 Mass. 53, 59-60 (1977); School Comm. of [*852] W. Springfield v. Korbut, 373 Mass. at 793, 796-797. Contrast Boston Teachers Local 66 v. School Comm. of Boston, 370 Mass. 455, 464-465, 467-468 (1976). If either arbitrator should render an award which impinges directly on some prerogative of the committee which cannot be lawfully delegated to an arbitrator (see School Comm. of Hanover v. Curry, 3 Mass. App. Ct. 151, 153, 158-159 [1975], S.C., 369 Mass. at 685; School Comm. of Braintree v. Raymond, 369 Mass. at 690; School Comm. of Danvers v. Tyman, 372 Mass. at 111-113; Dennis-Yarmouth Regional Sch. Comm. v. Dennis Teachers Assn., 372 Mass. at 117, 120; School Comm. of W. Bridgewater v. West Bridgewater Teachers’ Assn., 372 Mass. at 122-123; School Comm. of W. Springfield v. Korbut, 373 Mass. at 794-795), the award can be set aside in subsequent proceedings brought under G. L. c. 150C, §§ 11(a) (3) and 12 (a) (2). School Comm. of Braintree v. Raymond, 369 Mass. at 686-687, 691. School Comm. of Agawam v. Agawam Educ. Assn., 371 Mass. 845, 847 (1977). "Unless there is positive assurance that an arbitration clause is not susceptible to an interpretation that covers the asserted dispute, or unless no lawful relief conceivably can be awarded by the arbitrator, an order to arbitrate should not be denied____In this case, no occasion for a stay of... arbitration arises merely from the possibility of an arbitrator’s award which might purport to intrude into the school committee’s inviolate authority. Any threat to the school committee’s authority has not matured yet because it is far from clear that the arbitrator[s’] award[s] will encroach on the school committee’s exclusive domain.” School Comm. of Danvers v. Tyman, 372 Mass. at 113. Berkshire Hills Regional Sch. Dist. Comm. v. Gray, 5 Mass. App. Ct. 686, 690 n.3, further appellate review granted, 374 Mass. 834 (1977). The judgment is reversed, and an order is to be entered which directs the parties to proceed to both arbitrations. School Comm. of Agawam v. Agawam Educ. Assn., 371 Mass. at 847 n.3.

Brian A. Riley for the defendant. Leo P. McCabe for the plaintiff.

So ordered.