Summary
In Clegg the Massachusetts Court held that the trial court committed error in denying the plaintiff's motion to confirm and then failing to dispose of defendant's motion to vacate.
Summary of this case from Audette Sons, Inc. v. LarochelleOpinion
June 12, 1975.
James T. Grady for the plaintiffs.
Marilyn L. Sticklor, Assistant Corporation Counsel, for the School Committee of Boston.
The plaintiffs, suing in their own behalf and as representatives of the Assistant Principals Association, filed an application under G.L.c. 150C, § 10, inserted by St. 1959, c. 546, § 1, to confirm an arbitration award rendered pursuant to a collective bargaining agreement, and the defendant school committee filed a bill for a declaratory decree and for vacation of the award under § 11 of the same statute. A judge of the Superior Court denied the application to confirm without acting on the bill to vacate. This was error. When "grounds are urged for vacating . . . the award," § 10 requires that the court "proceed as provided in sections eleven and twelve." Under § 11 the judge either vacates the award or denies the application to vacate and then confirms the award. This means that the two proceedings must be consolidated and heard together. Cf. Sheahan v. School Comm. of Worcester, 359 Mass. 702, 711 (1971). The order appealed from is reversed and the case is remanded to the Superior Court for further proceedings consistent with this opinion.
So ordered.