State of Maine v. Maine State Employees Association, SEIU Local 1989

Summary

The Maine Supreme Judicial Court held that an arbitrator exceeded her powers by finding timely an arbitration request filed after the deadline established by the collective bargaining agreement and a written deadline waiver. The court concluded that the parties’ written agreement extended the deadline only through October 7, 2013, and that no further written extension was made. It vacated the Superior Court’s judgment and remanded for entry of a judgment vacating the arbitration award.

Holdings

1. The arbitrator exceeded her powers by finding the arbitration request timely. Under the collective bargaining agreement, the written waiver extended or tolled the filing period only through September 16, after which the fifteen-workday period expired on October 7; MSEA's October 22 filing was untimely.

Questions Presented

1. Whether the arbitrator exceeded her powers by finding the grievance arbitrable after MSEA filed the Step 4 arbitration request beyond the deadline established by the collective bargaining agreement and the parties' written extension.
2. Whether the State's email indicating that the parties could "touch base later" constituted a written mutual agreement to extend the arbitration deadline beyond October 7, 2013.

Disposition

reversed_and_remanded