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Boston Medical Center v. Service Employees International Union, Local 285

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Hon. William G. Young, Chief U.S. District Judge

Service Employees International Union, Local 285 (“the Union”) appeals the entry of summary judgment in favor of Boston Medical Center (“BMC” or “the Hospital”) vacating an arbitrator’s award ordering the reinstatement of Katherine Hartney, a registered nurse employed by BMC but terminated following the death of an infant under her care. The district court found that the arbitrator had exceeded the scope of her authority under the collective bargaining agreement between the Union and BMC in ordering Hartney’s reinstatement. Additionally, the court ruled that the arbitrator’s award was unenforceable because it violates “the well-established public policy [in Massachusetts] of delivering safe and competent nursing care.” Boston Med. Ctr. v. Service Employees Int’l Union, Local 285, 113 F. Supp.2d 169, 174 (D. Mass. 2000). We reverse.

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