Mass. Gen. Laws » Part I Title XXI Chapter 150C
Massachusetts General Laws

Mass. Gen. Laws ch. 150C, § 2 (2026)

Failure to arbitrate; application to superior court; procedure

✓ current as of July 2026
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Section 2. (a) A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement described in section one may apply to the superior court for an order directing the parties to proceed to arbitration. The court shall order arbitration unless (1) the opposing party denies the existence of the agreement to arbitrate; or (2) the claim sought to be arbitrated does not state a controversy covered by the provision for arbitration; provided, that an order for arbitration shall not be refused where a dispute concerning the interpretation or application of the arbitration provision is itself made subject to arbitration or on the ground that the claim in issue lacks merit or bona fides or because no fault or grounds for the claim have been shown. In either event the court shall proceed summarily to the determination of the issue so raised and shall, if it finds for the applicant, order arbitration; otherwise, the application shall be denied.

(b) Upon application, the superior court may stay an arbitration proceeding commenced or threatened if it finds (1) that there is no agreement to arbitrate, or (2) that the claim sought to be arbitrated does not state a controversy covered by the provision for arbitration and disputes concerning the interpretation or application of the arbitration provision are not themselves made subject to arbitration. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily determined, and if the court finds for the applicant it shall order a stay of arbitration, otherwise the court shall order the parties to proceed to arbitration; provided that an order to stay arbitration shall not be granted on the ground that the claim in issue lacks merit or bona fides or because no fault or grounds for the claim sought to be arbitrated have been shown.

(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under paragraph (a) of this section, the application shall be made therein. Otherwise and subject to section fifteen, the application may be made in any court of competent jurisdiction.

(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect to such issue only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

Notes of Decisions
Cited in 38 cases (1 in the last 5 years), 1976–2023 · leading case: Local No. 1710, Int'l Ass'n of Fire Fighters, AFL-CIO v. City of Chicopee, 721 N.E.2d 378 (Mass. 1999).
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Local No. 1710, Int'l Ass'n of Fire Fighters, AFL-CIO v. City of Chicopee, 721 N.E.2d 378 (Mass. 1999). · cites it 9× “The union claims that the judge’s decision regarding the timeliness of the grievance was a ruling on “procedural” rather than “substantive” arbitrability in violation of the plain meaning of G. L. c. 150C, § 2 (a), settled State and Federal law, and public policy.”
Sch. Comm. of Danvers v. Tyman, 360 N.E.2d 877 (Mass. 1977). · cites it 4× “The defendants appeal from an order, under G. L. c. 150C, § 2 (6), granting a stay of arbitration concerning certain grievances asserted on behalf of the defendant Tyman, a nontenured teacher in the Danvers school system.”
Berkshire Hills Reg'l Sch. Dist. Comm. v. Berkshire Hills Educ. Ass'n, 377 N.E.2d 940 (Mass. 1978). · cites it 3× “This is an appeal from an order, under G. L. c. 150C, § 2 (b), granting a stay of arbitration concerning a grievance asserted on behalf of the defendant Robert J.”
Dennis-Yarmouth Reg'l Sch. Comm. v. Dennis Teachers Ass'n, 360 N.E.2d 883 (Mass. 1977). · cites it 3× “This proposition does not comport with the plain language of G. L. c. 150C, §2 (6), inserted by St. 1959, c.”
Int'l Org. of Masters, Mates & Pilots, Atl. & Gulf Mar. Region v. Woods Hole, Martha's Vineyard & Nantucket S.S. Auth., 467 N.E.2d 1331 (Mass. 1984). · cites it 2× “1 The union instituted this action for declaratory relief and to compel arbitration pursuant to G. L. c. 150C, § 2, and G. L. c. 231 A, § 1.”
Sch. Comm. of Agawam v. AGAWAM Educ. ASS'N, 359 N.E.2d 956 (Mass. 1977). · cites it 2× “The School Committee of Agawam (committee) appeals from a judgment denying its motion under G. L. c. 150C, § 2 (b), to stay arbitration of a grievance advanced by the Agawam Education Association (asso *846 ciation) on behalf of a teacher in the Agawam school system.”
Massachusetts Corr. Officers Federated Union v. Sheriff of Bristol Cnty., 770 N.E.2d 528 (Mass. App. Ct. 2002). · cites it 3× “We determine also that the judge acted consistently with G. L. c. 150C, § 2, in summarily ordering arbitration.”
Sch. Comm, New Bedford v. New Bedford Educators, 405 N.E.2d 162 (Mass. App. Ct. 1980). · cites it 2× “It is immaterial, in such a case, whether the matter comes to court in the form of a motion under G.L.c. 150C, § 2( b ), to stay arbitration *807 (see the Dennis Yarmouth case, supra, at 119; the Berkshire Hills case, supra at 530,) or in the form of a motion to vacate an…”
Old Rochester Reg'l Teacher's Club v. Old Rochester Reg'l Sch. Dist. Comm., 398 Mass. 695 (Mass. 1986). · cites it 2× “He sought relief in the alternative: either an order compelling arbitration under G. L. c. 150C, § 2 (1984 ed.), or a de nova hearing in review of the committee’s action under § 43A.”
Boston Hous. Auth. v. Nat'l Conf. of Firemen & Oilers, Local 3, 935 N.E.2d 1260 (Mass. 2010). “The BHA filed a verified complaint in the Superior Court pursuant to G. L. c. 150C, § 2 (b), seeking a stay of the arbitration because, in the BHA’s view, there was no valid agreement to arbitrate Local 3’s grievance.”
Dep't of State Police v. Massachusetts Org. of State Engineers & Scientists, 924 N.E.2d 248 (Mass. 2010). · cites it 4× “Pursuant to G. L. c. 150C, § 2 (b), a judge in the Superior Court permanently stayed arbitration of a dispute between the Department of State Police (department) and the Massachusetts Organization of State Engineers and Scientists (MOSES), acting on behalf of Robert E.”
Sch. Comm. of Burlington v. Burlington Educators Ass'n, 385 N.E.2d 1014 (Mass. App. Ct. 1979). · cites it 3× “The case is remanded to the Superior Court for a summary determination of the question whether there is a "controversy” (G. L. c. 150C, § 2[b][2]) as to pay for teachers working on days which may have been tacked onto the regularly scheduled school closing dates.”
Show all 38 citing cases →
— Mass. Gen. Laws ch. 150C, § 2(6) — 3 cases
Sch. Comm. of Burlington v. Burlington Educators Ass'n, 385 N.E.2d 1014 (Mass. App. Ct. 1979). “The case is remanded to the Superior Court for a summary determination of the question whether there is a "controversy” (G. L. c. 150C, § 2[b][2]) as to pay for teachers working on days which may have been tacked onto the regularly scheduled school closing dates.”
City of Worcester v. Johnson, 345 N.E.2d 913 (Mass. App. Ct. 1976).
Berkshire Hills Reg'l Sch. Dist. Comm. v. Gray, 369 N.E.2d 736 (Mass. App. Ct. 1977).
— Mass. Gen. Laws ch. 150C, § 2(a) — 2 cases
Massachusetts Corr. Officers Federated Union v. Sheriff of Bristol Cnty., 770 N.E.2d 528 (Mass. App. Ct. 2002). “We determine also that the judge acted consistently with G. L. c. 150C, § 2, in summarily ordering arbitration.”
Sullivan v. Town of Belmont, 386 N.E.2d 1288 (Mass. App. Ct. 1979).
— Mass. Gen. Laws ch. 150C, § 2(b) — 12 cases
Sch. Comm. of Boston v. Boston Teachers Union, Local 66, 389 N.E.2d 970 (Mass. 1979).
Lowell Sch. Comm. v. United Teachers of Lowell, Local 495, 6 Mass. L. Rptr. 591 (Mass. Super. Ct. 1997).
City of Everett v. Int'l Bhd. of Police Officers Local 633, 16 Mass. L. Rptr. 126 (Mass. Super. Ct. 2003).
Berkshire Hills Reg'l Sch. Dist. Comm. v. Gray, 369 N.E.2d 736 (Mass. App. Ct. 1977).
Middlesex Sheriff's Off. v. IBCO, Local RI-193, 17 Mass. L. Rptr. 62 (Mass. Super. Ct. 2003).
— Mass. Gen. Laws ch. 150C, § 2(d)(2) — 1 case
Sch. Comm. of Burlington v. Burlington Educators Ass'n, 385 N.E.2d 1014 (Mass. App. Ct. 1979). “The case is remanded to the Superior Court for a summary determination of the question whether there is a "controversy” (G. L. c. 150C, § 2[b][2]) as to pay for teachers working on days which may have been tacked onto the regularly scheduled school closing dates.”
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