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Turner Fisheries, Inc. v. Seafood Workers Union I.L.A. 1572-2

Citations: 19 Mass. App. Ct. 925; 471 N.E.2d 770; 1984 Mass. App. LEXIS 1872

Court: Massachusetts Appeals Court; December 12, 1984; Massachusetts; State Appellate Court

Narrative Opinion Summary

This case involves Turner Fisheries, Inc.'s attempt to vacate an arbitration award favoring the Seafood Workers Union I.L.A. 1572-2, following a dispute under a collective bargaining agreement. Turner argued that the Board of Conciliation and Arbitration lacked jurisdiction, that the award was procured improperly, and that the arbitrator displayed bias. The Union countered by seeking confirmation of the award. The Superior Court dismissed Turner's motion and confirmed the award, noting Turner's failure to object to jurisdictional issues during arbitration, which invalidated subsequent challenges. The court further held that Turner waived any objections regarding procedural defects by participating in the arbitration hearing without protest. Allegations of arbitrator bias were unsupported, as Turner presented no evidence of personal or financial interest compromising the arbitrator's impartiality. The decision underscores the importance of timely objections and the high threshold required to vacate arbitration awards due to perceived bias or procedural irregularities. Consequently, the court affirmed the arbitration award, rejecting all of Turner's contentions and upholding the arbitrator's decision in favor of the Union.

Legal Issues Addressed

Confirmation of Arbitration Awards

Application: The Superior Court confirmed the arbitration award because Turner failed to present any valid grounds under G. L. c. 150C, § 11(a) to vacate the award.

Reasoning: A Superior Court judge denied Turner's application and confirmed the arbitration award.

Jurisdiction of Arbitration Board

Application: The court determined that Turner Fisheries, Inc. waived any jurisdictional objections by failing to raise them during the arbitration hearing.

Reasoning: However, the court noted that Turner did not object to the Board's jurisdiction during the arbitration hearing, rendering any later objection invalid.

Partiality and Bias of Arbitrator

Application: Allegations of bias due to the arbitrator's prior employment and procedural conduct were dismissed as unsubstantiated, with no evidence of personal interest affecting the award.

Reasoning: Despite the arbitrator’s previous connections to labor, there is no evidence of any personal or financial interest influencing the arbitration outcome.

Procedural Deviations in Arbitration

Application: The court found no evidence that procedural deviations impacted the arbitration's fairness, as Turner did not raise these issues during the hearing.

Reasoning: Turner also argues that the award was filed late, 107 days post-hearing, contrary to the Board's rule for timely award issuance, suggesting intentional delay to punish Turner.

Waiver of Notice Objections

Application: The lack of timely objection to notice and service issues during the arbitration hearing resulted in waiver of these claims, precluding a challenge to the award based on such grounds.

Reasoning: Under G. L. c. 150C, § 5 indicates that attending the hearing waives notice objections.