Summary
In Grenier v. Hubbardston, 388 N.E.2d 718, 719 (Mass. App. Ct. 1979), a Massachusetts Appeals Court rescript opinion states that municipally employed fire department dispatchers were not entitled to recover the difference between their rate of pay and the statutory minimum wage under Mass. Gen. Laws ch. 151, § 1. While offering minimal analysis, the Grenier court clearly based its holding on the notion that statutes regulating persons and corporations engaged in trade "are ordinarily construed not to apply to the Commonwealth or its political subdivisions unless the Legislature has expressly or by clear implication so provided."
Summary of this case from Lemieux v. City of Holyoke Holyoke Fire Dep'tOpinion
April 30, 1979.
Steven J. Comen for the plaintiff.
Walter G. Bilowz for the town of Pepperell.
While the defendants may be correct in their contention that the decision as to which bidder was the lowest responsible and eligible bidder under G.L.c. 30, § 39M, was a question of fact to be decided by the awarding authority rather than the court, see Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494, 496 (1953); Modern Continental Constr. Co. v. Massachusetts Port Authy., 369 Mass. 825, 829 (1976), it is nevertheless clear from the cases cited that the awarding authority's determination may be reviewed on allegations that it was made illegally, arbitrarily, or in bad faith. Such allegations are contained in the complaint, as are certain circumstances elaborating the bad faith (compare Mass.R.Civ.P. 9[b], 365 Mass. 751); and it cannot be said that "`there is no set of facts which the plaintiff could prove in support of [its] claim which would entitle [it] to relief.'" White v. Spence, 5 Mass. App. Ct. 679, 683 (1977). The judge therefore erred in allowing the defendants' motions to dismiss the complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), for failure to state a claim on which relief can be granted.
Judgment reversed.