Massachusetts Quinn Bill Information
After careful analysis by the IBPO legal team, working with national field representatives and local union leaders, we conclude that the best course of action at this time for Massachusetts police officers to continue to receive Quinn Bill benefits is to utilize the Grievance Procedure in each Local's collective bargaining agreement (CBA).
We reached this conclusion largely based on the 1991 Massachusetts Supreme Judicial Court case Rooney v. Yarmouth, 410 Mass. 485, where the Court states:
"We conclude that, by agreeing to the incorporation of § 108L into the collective bargaining agreement, the union effectively waived any right Rooney may have had to judicial relief based on § 108L. Rooney's exclusive remedy, on the present facts, was through the grievance process provided in the agreement ..."
Although individual officers have the right to grieve, each local should consolidate individual grievances into a class action grievance so no officer is left behind. If your employer takes ANY action with regard to your Quinn Bill benefits, contact your IBPO national representative immediately to ensure you are protecting your rights.
Some facts of which you should be aware:
- Pursuant to Quinn Bill (M.G.L. c. 41§ 108L) and most collective bargaining agreements, the municipality is obligated to pay Quinn Bill benefits in full, and then seek reimbursement from the Commonwealth for one-half the cost of such payment.
- Reductions in benefits are premature. Please consult your IBPO national representative immediately if benefits are currently being reduced to determine your local’s appropriate course of action.
- Please do not meet with your employer about Quinn Bill benefits without notifying your IBPO national representative first. Any formal meeting could be construed later to be a bargaining session.
- All police officers entitled to Quinn Bill benefits should continue to receive benefits in their entirety regardless of contract language regarding reimbursement.
IBPO recommends that the statement of the grievance should read:
Employer reduced amount of mandated educational incentive in violation of Article (your contract Article number) and state law. Remedy is to reinstate and pay full mandatory educational incentive amount for all eligible officers and make officers whole.
Many public employee occupations receive salary differentials based on educational achievements, including teachers, nurses, CPAs, etc., providing career ladder programs that improve occupational efficiency. The state legislature enacted the Quinn Bill in 1970 following a study by the President's Commission on Law Enforcement and Criminal Justice.
Most importantly, now is the time for all police officers to stick together and support each other in the quest to retain the benefits they earned, were promised, and that are due.
The IBPO will continue to update you on Quinn Bill developments.