Boston Medical Center v. Service Employees Intern.
| Decision Date | 18 September 2000 |
| Docket Number | No. CIV. A. 99-11663-WGY.,CIV. A. 99-11663-WGY. |
| Citation | 113 F.Supp.2d 169 |
| Parties | BOSTON MEDICAL CENTER, Plaintiff, v. SERVICE EMPLOYEES INTERNATIONAL UNION, Local 285, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
Arthur P. Menard, Robert S. Steinberg, Menard, Murphy & Walsh, Boston, MA, for Plaintiff.
David B. Rome, Pyle, Rome & Lichten, P.C., Boston, MA, for Defendant.
Pursuant to Section 301 of the Labor Relations Act, 29 U.S.C. § 185, the plaintiff, Boston Medical Center (the "Hospital"), seeks to vacate an arbitration award in favor of the defendant, Service Employees International Union, Local 285 (the "Union"). In response, the Union defends the award. At this stage, both parties move for summary judgment, and the defendant also moves for attorney's fees.
As it must, this Court accepts the arbitrator's findings of fact. See United Paperworkers Int'l Union v. Misco, Inc., 484 U.S. 29, 36, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987). The following recitation of facts, therefore, is consistent with the arbitrator's findings.
The Hospital and the Union entered into a collective bargaining agreement that was effective from October 1, 1997 through September 30, 1999, which provided for the arbitration of disputes. See Pl.'s Statement of Material Facts Ex. A [hereinafter "Agreement"]. Article XV of the Agreement prohibits discipline or discharge of employees except for "just cause." See id. at 27. The Management Rights Article guarantees the Hospital the exclusive right to "suspend, discipline, and discharge employees for just cause." Id.
The Hospital discharged Katherine Hartney ("Hartney"), a ten-year registered nurse, based on her care of a burn patient ("the baby"). The baby was a four-month-old infant admitted to the Hospital on September 22, 1998, with second degree burns on her feet, legs, and buttocks resulting from a bath accident. See Pl.'s Mem. Ex. A, Service Employees Int'l Union, Local 285 v. Boston Medical Center, AAA No. 113900219898 (1999) (Waxman, Arb.) ]. On September 25, 1998, the baby was still in the Hospital and Hartney was assigned as her primary care nurse. See id. at 3.
Because of her extensive burns, the baby was being monitored for the possible onset of a condition called septic shock or sepsis. See id. at 8. Sepsis is a potentially life-threatening condition. There are three stages of sepsis and, if it is not detected quickly, the condition can be fatal, particularly for an infant. See id. It is undisputed that any competent nurse would be familiar with this condition. See id. The first stage of sepsis is marked by elevated temperature and elevated heart and respiration rates. The second stage is marked by a reduced or normal temperature and continued elevated heart rate. The third stage is marked by a reduced temperature, elevated heart rate, and respiratory distress. When a patient enters the third stage of sepsis, he or she will commonly appear to be dusky or mottled in coloring, which signals a multi-system organ failure. The change in coloring, even without other symptoms, signifies a medical emergency and requires immediate intervention.
At the beginning of her shift, 7:00 p.m., Hartney reviewed the baby's records, which stated that the nursing staff was required to notify doctors in the event that the baby's temperature exceeded 101.5~. The records showed that the baby's temperature had been taken at 6:10 p.m. and was 101.4~, and that she was experiencing an elevated heart rate. At 7:50 p.m., a student nurse, Melinda Leight, took the baby's temperature, determining that the baby had a temperature of 102.2~. Leight notified Hartney of the baby's temperature and Hartney instructed her to take the temperature again in an hour. Leight took the baby's temperature at 9:00 p.m. and obtained a reading of 99.3~. See Arb. Report at 8. At 9:30 p.m., Michelle Force, another registered nurse who was working the same shift as Hartney, reset the baby's IV tube and obtained a temperature reading at 97.0~. See id. She also noticed that the baby's respiratory rate was in the 60's and that her heart rate was above 200. See id. Force notified Hartney, reporting this data. At 11:30 p.m., Force was asked by Hartney to examine the baby's IV tube again. See id. at 7. Force noticed that the baby's IV tube was infiltrated and she appeared to be dusky and slightly mottled. Force reported these conditions to Hartney, who appeared quite concerned and paged a pediatric surgeon. See id. The baby died of sepsis not long thereafter.
The arbitrator first confronted the issue whether the Hospital had "just cause" to discharge Hartney after it investigated the circumstances of the baby's death. The arbitrator concluded that there was just cause for the imposition of discipline in this matter but that discharge was too harsh a penalty for an employee with an unblemished record of employment for nearly ten years. See id. at 11-12.
Summary judgment is appropriate where there are no genuine issues as to any material fact and the moving party is entitled to judgment as matter of law. See Fed.R.Civ.P. 56(c). Absent a genuine dispute of material fact, questions of law are appropriate for resolution on summary judgment. See North Adams Reg'l Hosp. v. Massachusetts Nurses Ass'n, 889 F.Supp. 507, 511 (D.Mass.1995) (Ponsor, J.).
Generally, courts are not authorized to reconsider the merits of an arbitration award, as that would undermine the federal policy of privately settling labor disputes by arbitration without governmental intervention. See Misco, 484 U.S. at 30, 108 S.Ct. 364. In 1983, however, the Supreme Court recognized an exception to the limited judicial review of arbitration awards, where the award violates public policy. See W.R. Grace & Co. v. Local Union 759, 461 U.S. 757, 103 S.Ct. 2177, 76 L.Ed.2d 298 (1983). This public policy exception to the enforcement of arbitration awards was reaffirmed in 1987. See Misco, 484 U.S. at 29, 108 S.Ct. 364. This exception is quite limited in scope and an arbitrator's award will only be vacated as conflicting with public policy if the policy relied upon is "well-defined" and "dominant" and is ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interest. See W.R. Grace, 461 U.S. at 766, 103 S.Ct. 2177. In addition, the violation of such a policy must be clearly shown if an award is not to be enforced. See Misco, 484 U.S. at 43, 108 S.Ct. 364.
The general principles that we must apply are familiar. [R]eview of labor arbitral decisions is extremely narrow and "extraordinarily deferential." Dorado Beach Hotel Corp. v. Union De Trabajadores De La Industria Gastronomica Local 610, 959 F.2d 2, 3-4 (1st Cir.1992). "Because the parties have contracted to have disputes settled by an arbitrator chosen by them rather than by a judge, it is the arbitrator's view of the facts and of the meaning of the contract that they have agreed to accept." Misco, 484 U.S. at 37-38, 108 S.Ct. 364. The arbitrator cannot, of course, ignore the contract and simply dispense "his own brand of industrial justice." United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 597, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960). Rather, the arbitrator's decision must "draw[] its essence" from the agreement. Id. Provided that the arbitrator "is even arguably construing or applying the contract and acing within the scope of his authority," a court may not disturb his judgment even if it is "convinced he committed serious error." Misco, 484 U.S. at 38, 108 S.Ct. 364; see also Advest Inc. v. McCarthy, 914 F.2d 6, 9 (1st Cir.1990) (quoting Misco).
Kraft Foods, Inc. v. Office and Professional Employees Int'l Union, 203 F.3d 98, 100 (1st Cir.2000) (Selya, J.). The Misco court also noted that a reviewing court may vacate an arbitration award if it reflects nothing more than the arbitrator's own notions of industrial justice. See Misco, 484 U.S. at 38, 108 S.Ct. 364.
The parties rigorously dispute (1) the public policy concerns regarding whether Hartney may retain her position at Boston Medical Center as well as (2) the scope of the arbitrator's authority to resolve certain issues. The Court addresses these matters in reverse order.
The terms of the collective bargaining agreement which are most germane to this case are Articles XV and XVI. Article XV states that "[n]o RN who has completed his/her probationary period shall be disciplined or discharged except for just cause." Agreement at 27. Article XVI states that "the Hospital retains the exclusive right to ... suspend, discipline and discharge employees for just cause." Id.
As long as the arbitrator's award "`draws its essence' from the contract and is based upon a `passably plausible' interpretation of the contract, it is within the arbitrator's authority." State v. National Ass'n of Gov't Employees Local No. 79, 544 A.2d 117, 119 (R.I.1988); see also Crafts Precision Indus., Inc. v. Lodge No. 1836 of Dist. 38, 889 F.2d 1184, 1185 (1st Cir.1989) ().
The record here indicates that the arbitrator was asked these questions: 1) Did the Hospital violate Article XV of the collective bargaining agreement when it terminated Hartney?; and 2) If so, what shall be the remedy? See Arb. Report at 1. Here, contrary to the situation in Crafts Precision, the arbitrator actually determined that there was "just cause" to discipline Hartney, but then reduced her penalty from discharge to a lengthy suspension. See id. at 17. The arbitrator rejected Hartney's proffered reasons as to why she thought that the student nurse's temperature reading of 102.2~ was inaccurate, and acknowledged...
To continue reading
Request your trial
-
Boston Medical Center v. Serv Employees Intl Union Loc 285
...public policy [in Massachusetts] of delivering safe and competent nursing care." Boston Med. Ctr. v. Service Employees Int'l Union, Local 285, 113 F. Supp.2d 169, 174 (D. Mass. 2000). We I. We accept the facts as the arbitrator found them. See El Dorado Technical Servs., Inc. v. Union Gener......