Superior Court Judge Sides With Union On Quinn Bill

Superior Court Judge Kathe M. Tuttman issued a decision in Teamsters Local Union 25 v. Town of North Reading which adds to the confusion created by the Commonwealth’s drastic cuts in funding for the Police Career Incentive Pay Program, commonly referred to as the Quinn Bill. (M.G.L. c. 41, § 108L). CL&P is cautioning its clients not to overreact to this development, and to seek the advice of counsel before changing course with regard to education incentive programs.

In her decision, dated December 17, 2010, Judge Tuttman fully supported the Union’s position and held that M.G.L. c. 41, § 108L superseded the parties’ prior agreements regarding Quinn Bill payments, rendering them null and void. In her decision she wrote that “it is impermissible under G.L. c. 150E, § 7(d) for the Town and the Union to negotiate collective bargaining provisions that supersede G.L. c. 41, § 108L.”

Although unfavorable from management’s perspective, we caution cities and towns not to take any immediate action relative to this decision. The Superior Court decision is binding only on the parties involved, and may be appealed. The Quinn Bill issue is currently before the Massachusetts Supreme Judicial Court (“SJC”) in at least two other cases, including a City of Boston case, and the SJC is expected to shed significant light on the contentious questions now surrounding the Quinn Bill. The Superior Court decision was based on a specific contract and contracts with different provisions might yield different results. Moreover, the decision might be plain wrong (we think so) and could be abrogated or reversed by a higher court.

If you have any questions regarding Quinn Bill or the Town of North Reading Decision please feel free to contact any of our Attorneys.

Additional information regarding the Quinn Bill is available here.