Facts: The union of school department employees
brought action to vacate arbitrator’s award, resolving the employee’s grievance
in favor of department. The Superior
Court Department confirmed the award and the union appealed. The Appeals Court reversed, ruling that the
arbitrator exceeded her authority by determining, on the basis of no evidence,
that the grievant was a civil service employee and thus not subject to the
grievance and arbitration procedure under the collective bargaining agreement.
The department applied for further appellate review and the SJC affirms the
judgment of the Superior Court.
Issue: Did the arbitrator exceed authority by
determining that grievance was arbitrable?
Holding: No, the Supreme Judicial Court held
that arbitrator did not exceed authority by determining that grievance was abatable. Judicial review of an arbitration award is
narrowly confined and a court is bound by the arbitrator’s findings and rulings
even if they appear erroneous, inconsistent, or unsupported by record at the
arbitration hearing. Absent fraud,
errors of law or fact are not sufficient grounds to set aside an award and thus
the union’s argument that there was no evidence in the record to support the
finding by the arbitrator falls short of this deferential standard. (JB)
