Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Conway v. CLC Bio, LLC

Appeals Court of Massachusetts, Middlesex

June 12, 2015

Daniel Conway
v.
CLC Bio, LLC

Argued December 10, 2014

 Civil action commenced in the Superior Court Department on February 17, 2012.

A motion to vacate an arbitration award was heard by Douglas H. Wilkins, J., and judgment was entered by him.

David B. Summer for the plaintiff.

Michelle Y. Bush for the defendant.

Present: Kantrowitz, Green, & Sullivan, JJ.

OPINION

Sullivan, J.

The plaintiff, Daniel Conway, appeals from the denial of his motion to vacate an arbitration award, see G. L. c. 251, § 12, concerning a claim for unpaid wages under the Wage Act. See G. L. c. 149, § § 148, 150, as amended by St. 2009. We affirm and, in so doing, reiterate the standard of review applicable to complaints to vacate a commercial arbitration award.

Background

To place our discussion in context, we set forth the facts found by and rationale of the arbitrator. Conway was employed by the defendant, CLC Bio, LLC (CLC), a bioinformatics company, from October, 2007, until his termination in

Page 504

January, 2012. Conway's employment at CLC was governed by an employment contract that provided for his base salary and potential bonus payments or commissions.[1] The contract also contained an arbitration clause that mandated arbitration of " any dispute or controversy arising out of or relating in any way to [Conway's] employment with and/ or termination from [CLC]." [2]

Conway's employment at CLC was terminated on January 12, 2012. On January 18, 2012, CLC sent Conway a letter offering to pay severance and outstanding bonus payments to Conway in exchange for a release of claims. Conway failed to respond, but CLC tendered $30,325 in bonus payments to Conway on March 1, 2012, payments which included a $10,990 individual sales bonus (ISB). In the interim, on February 17, 2012, Conway filed a complaint against CLC in a Superior Court, alleging breach of contract, breach of the covenant of good faith and fair dealing, and violations of the Wage Act stemming from claims for severance pay, unpaid vacation time, and future and late-paid commissions. CLC moved to stay the proceedings and compel arbitration pursuant to the arbitration provision in Conway's employment contract. See G. L. c. 251, § 1, as appearing in St. 1991, c. 398, § 96. The motion judge granted CLC's motion, and the parties proceeded to arbitration.

In arbitration Conway claimed, among other things, that CLC violated the Wage Act by failing to effectuate payment of the ISB on the date of his termination. See G. L. c. 149, § 148. The arbitrator found that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.