Appeals Court: CITY OF NEW BEDFORD v. NEW BEDFORD POLICE UNION

KeywordsArbitration, Authority of arbitrator, Collective bargaining, Police. Labor, Arbitration, Collective bargaining, Police. Police, Collective bargaining, Authority of police chief, Assignment of duties. Public Employment, Collective bargaining

In the case of City of New Bedford v New Bedford Police Union, the Appeals Court affirmed today a Superior Court decision which vacated an arbitration award in favor of the union “which found the city of New Bedford (city) in breach of a provision of a collective bargaining agreement (agreement) with the New Bedford Police Union (union) ‘when it assigned officers to perform background investigations during their normal work hours in addition to their typical duties.'”  The Appeals Court held that “[C]ontrolling precedent compels the conclusion that the agreement provision, and thus the arbitration award, infringe on the nondelegable exclusive assignment authority of the city’s chief of police.” – It is not too often that an arbitrator’s award gets overturned.  This case is also significant as it affirms nondelegable exclusive managerial authority, even if there are conflicting provisions in the contract.  Congrats to the City of New Bedford and their attorney John C. Foskett, Esq.  for this win for local government.

Click here for the full text of the Appeals Court’s decision.

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