On April 2, 2010 The Supreme Judicial court ruled in favor the the Colonel of the State police in a dispute over whether chemists employed were entitled to arbitration if fired. The case, DEPARTMENT OF THE STATE POLICE v. MASSACHUSETTS ORGANIZATION OF STATE ENGINEERS AND SCIENTISTS, 456 Mass. 450 (2010) upheld the authority of the Colonel to not submit his decision to further arbitration.
The court stated “A judge in the Superior Court properly allowed an application of the Department of State Police (department) to permanently stay arbitration of a dispute with an employee organization arising from the termination of the employment of a chemist by the colonel of the department, where the colonel’s termination of the chemist could not legally be the subject of arbitration, given the colonel’s exclusive and nondelegable authority under G. L. c. 22C, § 9, to remove from their positions “expert” employees, a category that included chemists [455-457], and where this court recognized no exception to this so-called nondelegability doctrine for cases, such as the instant one, involving a claim of discrimination on the basis of union membership and activity [457-460]; further, there was no merit to the employee organization’s arguments that arbitration was permissible as a remedy for a procedural violation [460-461], as a contractual right from a preceding agreement [461-462], or for cathartic value .”
Attorney Ronald A. Sellon