NORTH ADAMS REG. HOSP. v. Mass. Nurses Ass'n, Civ. A. No. 94-30227-MAP.

• Citation: 889 F. Supp. 507
• Decision Date: 16 June 1995
• Docket Number: Civ. A. No. 94-30227-MAP.
• Parties: NORTH ADAMS REGIONAL HOSPITAL v. MASSACHUSETTS NURSES ASSOCIATION.
• Court: U.S. District Court — District of Massachusetts

889 F. Supp. 507

NORTH ADAMS REGIONAL HOSPITAL v. MASSACHUSETTS NURSES ASSOCIATION.

Civ. A. No. 94-30227-MAP.

United States District Court, D. Massachusetts.

June 16, 1995.

COPYRIGHT MATERIAL OMITTED

Fernand J. Dupere, Jr., Southampton, MA, for plaintiff.

Alan J. McDonald, Jack J. Canzoneri, Newton, MA, for defendant.

MEMORANDUM REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PONSOR, District Judge.

On May 8, 1995, Magistrate Judge Neiman issued his Report and Recommendation to the effect that the defendant's Motion for Summary Judgment be allowed and that judgment enter in favor of the Massachusetts Nurses Association. No objection has been filed by the plaintiff to this recommendation. The defendant however, has objected to certain incorrect findings of fact and, more particularly, to the Magistrate Judge's recommendation that the defendant not be granted attorney's fees.

It is not necessary to address the claim by the defendant that the Magistrate Judge's findings "imply" something inaccurate about the timing of the arbitrator's decision. This implication, even if it were intended, has no bearing on the substance of the Magistrate Judge's recommendation.

More importantly, the Magistrate Judge's decision not to award attorney's fees to the defendant in this case is well founded. The underlying facts and legal issues simply do not present the sort of circumstance that justifies such an award.

For the foregoing reasons, the Magistrate Judge's Report and Recommendation is hereby adopted in its entirety. The defendant's Motion for Summary Judgment is ALLOWED and judgment will enter for defendant both on plaintiff's complaint and defendant's counter-claim, without an award of attorney's fees to the defendant.

It is So Ordered.

REPORT AND RECOMMENDATION REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

NEIMAN, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff North Adams Regional Hospital ("Hospital") brought this action seeking to have an arbitration award between the Plaintiff and Defendant Massachusetts Nurses Association ("MNA") vacated. The matter currently before the Court is MNA's motion for summary judgment. Pursuant to Rule 3 of the Rules of United States Magistrates in the United States District Court for the District of Massachusetts, MNA's motion for summary judgment has been referred to the Court for a report and recommendation. 28 U.S.C. § 636(b)(1)(B). For the reasons set forth below, the Court recommends granting MNA's motion. However, the Court does not recommend an award of the attorneys' fees requested by MNA.

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff North Adams Regional Hospital and Defendant Massachusetts Nurses Association entered into a collective bargaining agreement ("Contract") for the period April 1, 1992, through March 31, 1994. The Contract covered all non-supervisory nurses and registered nurses working at the Hospital. The Contract contained several provisions relating to disputes, including the following: (1) a grievance procedure to resolve disputes between the parties regarding the interpretation of, application of, or compliance with the provisions of the Contract; (2) a provision that allows for an arbitrator to make the final and binding decision in the event that a dispute cannot be settled; and (3) a provision that the arbitrator shall not have any authority to add to, subtract from, or modify any of the terms of the Contract.

In the spring of 1993, a dispute arose between the parties regarding the interpretation and application of Section 15.01 of the Contract. Section 15.01 of the Contract, entitled "Vacancies," provided as follows:

Vacancies in all units will be posted for a period of seven (7) days. Applications must be made in writing to the Director of Human Resources within the seven (7) day period. All lateral transfers will be filled on the basis of qualifications, as determined by the Nurse Manager. Where qualifications are relatively equal, seniority will prevail ...

Both parties contend that § 15.01 supports their opposing positions. The MNA asserts that § 15.01 constrained the Hospital from bypassing a minimally qualified internal candidate in favor of an external candidate, regardless of whether the external candidate was more qualified. The Hospital asserts that § 15.01 does not distinguish between internal and external candidates and that it was improper for the arbitrator to rely on other sections of the Contract in order to interpret § 15.01.

The dispute involved Deidre Vazquez, who was a staff nurse at the Hospital and a member of the class of employees covered by the Contract. Ms. Vazquez applied for the position of staff nurse in the Emergency Department when she learned there was an opening. Qualifications for the position were posted as follows:

Must be a graduate of an approved R.N. program, licensed or eligible for licensure.

Knowledge of and ability to utilize the nursing process, evidence of good personal and professional traits, in regard to ethics, compassion, judgment and leadership; good interpersonal relationships, ability to communicate effectively and actively pursues continuing education/inservice opportunities. Must have record of good past employee performance (evaluations, attendance and work record. 3-5 years of extensive medical/surgical experience is preferred.) Recent and applicable critical care/emergency department training and/or experience is preferred. Must be willing to complete E.R. Department orientation program. ACLS certification and plan on eventual completion of Trauma Nurse Core Course. sic

Defendant's Statement of Material Facts, Exhibit E, page 3 (Docket 08). At the time of the arbitration, Ms. Vazquez was the only "internal" applicant for the position. There were several applicants for the position who were not employed by the hospital. Such applicants were considered "external" applicants. The Hospital selected an external applicant for the position in the Emergency Department, bypassing Ms. Vazquez.

At the arbitration hearing, the parties mutually authorized the arbitrator to address the following issues: did the Hospital violate the Contract by failing to appoint Deidre Vazquez to a staff nurse vacancy in the Emergency Department? If so, what was to be the remedy? Before deciding those issues, the arbitrator found that the external applicant was more qualified for the position in the Emergency Department than Ms. Vazquez. The arbitrator also found, however, that Ms. Vazquez was at least "minimally qualified" for the position.

At the close of the hearing, the arbitrator found in favor of the MNA. The arbitrator reasoned that § 15.01 was ambiguous with respect to whether members of the bargaining unit were to be given preference for vacancies. However, the arbitrator concluded that the Contract provided for significant seniority rights that included the right to first consideration for a lateral transfer to fill a vacancy. The arbitrator also found that § 15.01 required only that the internal applicant be qualified, not more qualified, than external applicants. The arbitrator concluded that the parties intended that a qualified internal candidate for lateral transfer should receive preference over external applicants.

The arbitrator's award was issued on September 6, 1994. It found that the Hospital violated the contract by failing to appoint Ms. Vazquez. As a remedy, the arbitrator required the Hospital to immediately appoint Ms. Vazquez to the staff nurse position in the Emergency Department, retroactive to the date the position was filled in July, 1993, and to make her whole for any benefits she may have lost under the Contract. The Hospital brought the current action in an attempt to vacate the award, and the MNA has moved for summary judgment. To date, the Hospital has not complied with the arbitrator's award.

III. STANDARD OF REVIEW

Summary judgment is appropriate where the record reveals no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). See Mendes v. Medtronic, Inc., 18 F.3d 13, 15 (1st Cir.1994); Commercial Union Ins. Co. v. Walbrook Ins. Co., 7 F.3d 1047, 1050 (1st Cir.1993), citing Mesnick v. General Electric Co., 950 F.2d 816 (1st Cir.1991), cert. denied, 504 U.S. 985, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992). The facts must be viewed in the light most favorable to the non-moving party. Commercial Union Ins. Co. v. Walbrook, 7 F.3d at 1050. The non-moving party bears the burden of placing at least one material fact into dispute after the moving party shows the absence of any disputed material fact. Mendes v. Medtronic, 18 F.3d 13, discussing Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986).

A "genuine" issue is one that only a finder of fact can properly resolve because it may reasonably be resolved in favor of either party and a "material" issue is one that affects the outcome of the suit. Collins v. Martella, 17 F.3d 1, 3 n. 3 (1st Cir.1994), citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 250, 106 S.Ct. 2505, 2510, 2511, 91 L.Ed.2d 202 (1986). Mere allegations or conjecture unsupported in the record are insufficient to raise a genuine issue of material fact. Horta v. Sullivan, 4 F.3d 2, 11 (1st Cir.1993). Absent a genuine dispute of material fact, questions of law are appropriate for resolution on summary judgment. Jimenez v. Peninsular & Oriental Steam Navigation Co., 974 F.2d 221, 223 (1st Cir.1992). Appellate review of summary judgment is plenary, since the standard of review requires the trial court to make a legal determination rather than to engage in fact-finding. Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990).

In the present case, the undisputed facts indicate that the MNA is entitled to have the Court grant judgment in its favor, dismissing the Hospital's complaint which seeks to vacate the arbitration...