City of Fall River v. Teamsters Union, Local 526

When on December 31, 1985, the incumbent incinerator maintenance foreman (the “IMF”) at the Fall River incinerator retired, the board of public works of that city appointed James Machado provisionally (see G. L. c. 31, §§ 12-14) as his successor. Henry Yokel, an incinerator shift foreman, claimed a superior right to the job on the basis of a seniority clause in the governing collective bargaining agreement. The core question over which the parties contend is whether the civil service law (G.L. c. 31) overrides the seniority clause and, thereby, places Yokel’s claim beyond arbitration. We…