Boston Police Patrolmen's Association v. City of Boston, 60 Mass. App. Ct. 672 (Mass. App. Div. 3/22/2004), 02-P-883.

Decision Date22 March 2004
Docket NumberNo. 02-P-883.,02-P-883.
Citation60 Mass. App. Ct. 672
PartiesBOSTON POLICE PATROLMEN'S ASSOCIATION <I>v.</I> CITY OF BOSTON.
CourtMassachusetts Appellate Division

Present: GREENBERG, DREBEN, & COWIN, JJ.

Arbitration, Judicial review, Scope of arbitration, Collective bargaining, Police. Police, Collective bargaining. Municipal Corporations, Police, Collective bargaining.

In an action to vacate an arbitration award in an employment dispute between a city and one of its police officers, the judge erred in ruling that the arbitrator, having found that one of the charges against the police officer had been proved, exceeded her authority in substituting her judgment for that of the city regarding the penalty to be imposed, where, given the formulation of the questions submitted to the arbitrator, the parties clearly referred to the arbitrator the issue of the appropriateness of the penalty imposed in light of the offense. [674-677]

CIVIL ACTION commenced in the Superior Court Department on July 25, 2001.

The case was heard by Thomas E. Connolly, J.

Robert J. Boyle, Jr., for city of Boston.

Amy Laura Davidson for Boston Police Patrolmen's Association.

COWIN, J.

Pursuant to a collective bargaining agreement, Boston police Officer John Bergquist grieved, then demanded arbitration regarding, a three-day suspension. An arbitrator upheld the charge of the city of Boston (city) that Bergquist had engaged in conduct unbecoming an officer, but found in favor of Bergquist on the charges of neglect of duty and failure to obey the orders and directives of a superior. The arbitrator then concluded that, given proof of only the single charge and Bergquist's prior clean disciplinary record, a three-day suspension was excessive, and ordered that the penalty be reduced to a written reprimand.

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