KAREN ANNE WEISEL vs. RICHARD DALE WEISEL.

THOMAS E. CLEGG & others [Note 1] vs. SCHOOL COMMITTEE OF BOSTON.

368 Mass. 807

June 12, 1975

The plaintiffs, suing in their own behalf and as representatives of the Assistant Principals Association, filed an application under G. L. c. 150C, Section 10, inserted by St. 1959, c. 546, Section 1, to confirm an arbitration award rendered pursuant to a collective bargaining agreement, and the defendant school committee filed a bill for a declaratory decree and for

Page 808

vacation of the award under Section 11 of the same statute. A judge of the Superior Court denied the application to confirm without acting on the bill to vacate. This was error. When "grounds are urged for vacating ... the award," Section 10 requires that the court "proceed as provided in sections eleven and twelve." Under Section 11 the judge either vacates the award or denies the application to vacate and then confirms the award. This means that the two proceedings must be consolidated and heard together. Cf. Sheahan v. School Comm. of Worcester, 359 Mass. 702 , 711 (1971). The order appealed from is reversed and the case is remanded to the Superior Court for further proceedings consistent with this opinion.

So ordered.

FOOTNOTES

[Note 1] Philip Mathews and John Vozzella.