IRELAND, C.J.
The plaintiffs commenced an action in the
Facts and background. The essential facts are not in dispute. On October 15, 2009, the Governor, acting on his authority pursuant to G. L. c. 29, § 9C, announced a mandatory furlough plan that required all managerial employees in the executive branch to take a prescribed number of unpaid furlough days during fiscal year 2010.
In their second amended complaint, the plaintiffs sought declaratory relief, pursuant to G. L. c. 231A, and injunctive relief, pursuant to Mass. R. Civ. P. 65, 365 Mass. 832 (1974), alleging that, pursuant to the public employees collective bargaining statute, G. L. c. 150E, § 1, they were incorrectly identified as "managers," and, therefore, the furlough plan was improperly imposed on them. They also sought monetary relief, pursuant to G. L. c. 149, §§ 148 and 150, alleging that the furlough plan deprived them of "earned" wages.
The defendants moved to dismiss, pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), on the grounds that G. L. c. 150E provided the plaintiffs with no cause of action to obtain
Discussion. "We review the allowance of a motion to dismiss de novo." Curtis v. Herb Chambers I-95, Inc., 458 Mass. 674, 676 (2011), citing Harhen v. Brown, 431 Mass. 838, 845 (2000). "We accept as true the allegations in the complaint and draw every reasonable inference in favor of the plaintiff." Curtis v. Herb Chambers I-95, Inc., supra, citing Warner-Lambert Co. v. Execuquest Corp., 427 Mass. 46, 47 (1998). "We consider whether the factual allegations in the complaint are sufficient, as a matter of law, to state a recognized cause of action or claim, and whether such allegations plausibly suggest an entitlement to relief." Dartmouth v. Greater New Bedford Regional Vocational Tech. High Sch. Dist., 461 Mass. 366, 374 (2012), citing Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008).
The plaintiffs argue, as they did below, that G. L. c. 150E provides them with the statutory basis to seek declaratory relief against the application of the furlough plan. The plaintiffs also invoke G. L. c. 149, §§ 148 and 150, and G. L. c. 22C, § 28A, to seek monetary reimbursement for wages lost because of the furlough plan. The defendants argue that the statutes on which the plaintiffs rely do not furnish the plaintiffs with any valid cause of action. We agree.
1. Declaratory relief pursuant to G. L. c. 150E. At oral argument, the plaintiffs conceded that they do not have explicit rights pursuant to G. L. c. 150E. Those statutory rights and protections are limited to officers below the rank of lieutenant; the statute does not cover the plaintiff lieutenants and captains here.
Nevertheless, they assert that they have a cause of action pursuant to G. L. c. 150E to challenge the implementation of the furlough plan. They argue, in essence, that the purpose of the statute is to establish the rights, rules, and obligations of all public employees and employers. Therefore, they contend that the definition of "managerial employees" pursuant to G. L. 150E, § 1, applies to them as public employees, and the defendants violated the statute by defining "manager" in a manner different from G. L. c. 150E, § 1. We are not persuaded.
In order for a court to entertain a petition for declaratory relief pursuant to G. L. c. 231A, a plaintiff must, in relevant part, "demonstrate the requisite legal standing to secure [the] resolution [of an actual controversy]." Massachusetts Ass'n of Indep. Ins. Agents & Brokers, Inc. v. Commissioner of Ins., 373 Mass. 290, 292 (1977). However, G. L. c. 231A, by itself, does not provide an independent statutory basis for standing.
"We decide whether standing exists by examining several considerations, including the language of the statute [and] the Legislature's intent and purpose in enacting [it]...." Indeck Me. Energy, LLC v. Commissioner of Energy Resources, supra at 517-518, citing Enos v. Secretary of Envtl. Affairs, supra at 135-136. See Loffredo v. Center for Addictive Behaviors, 426 Mass. 541, 543 (1998) ("a clear legislative intent is necessary to infer a private cause of action from a statute"). Pursuant to the unambiguous language of G. L. c. 150E, § 3, the statute excludes from its scope of protection State police officers whose rank is lieutenant or captain.
In addition, although the definition of "manager" in the division's guidelines contains some similarity to the definition of "managerial employees,"
2. Monetary relief pursuant to G. L. c. 149, § 148, and G. L. c. 22C, § 28A. Employers are required to pay "earned" wages to their employees, and employees have a cause of action to recover wages wrongfully withheld. G. L. c. 149, §§ 148 and
The defendants contend that the plaintiffs misinterpret G. L. c. 149, § 148, arguing that the right to payment of "earned" wages is secured by virtue of work or service actually performed. They further argue that, in the circumstances here, the plaintiffs did not "earn[]" the money to which they claim they are entitled pursuant to G. L. c. 22C, § 28A, because the furlough plan applied prospectively and did not force the plaintiffs to forfeit retrospectively any wages "earned" from days they had already worked. We agree.
The plaintiffs have not demonstrated that G. L. c. 22C, § 28A,
In addition, although the word "earned" pursuant to G. L. c. 149, § 148, is not defined, its plain and ordinary meaning is "[t]o acquire by labor, service or performance." Awuah v. Coverall N. Am., Inc., 460 Mass. 484, 492 (2011), quoting Black's Law Dictionary 584 (9th ed. 2009). "Where an employee has completed the labor, service, or performance required of him, therefore, according to common parlance and understanding he has `earned' his wage" (emphasis added). Awuah v. Coverall N. Am., Inc., supra. Accordingly, we conclude that a prospective reduction in the number of days to be worked does not deprive the plaintiffs of any wages "earned." In these circumstances, the plaintiffs do not fall within the "`zone of interests' arguably protected by" G. L. c. 149, §§ 148 and 150. Enos v. Secretary of Envtl. Affairs, supra.
Conclusion. For the reasons set forth above, we conclude that the judge properly dismissed the plaintiffs' complaint.
Judgment affirmed.
The plaintiffs assert that the following language of G. L. c. 231A, § 2, is also relevant:
In contrast, G. L. c. 150E, § 1, provides, in relevant part:
Pursuant to G. L. c. 149, § 150, an employee who claims to be aggrieved by a violation of § 148 may "institute and prosecute ... a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits," including "treble damages, as liquidated damages, for any lost wages and other benefits."