Board of Education v. AFSCME, Council 4, Local 287

487 A.2d 553, 195 Conn. 266, 1985 Conn. LEXIS 702
CourtSupreme Court of Connecticut
DecidedFebruary 19, 1985
Docket11816
StatusPublished
Cited by91 cases

This text of 487 A.2d 553 (Board of Education v. AFSCME, Council 4, Local 287) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. AFSCME, Council 4, Local 287, 487 A.2d 553, 195 Conn. 266, 1985 Conn. LEXIS 702 (Colo. 1985).

Opinions

Dannehy, J.

In this action, the plaintiff New Haven board of education (the board) appeals from the judgment of the Superior Court denying the board’s application to vacate an arbitration award.

[267]*267The record discloses the following facts. The defendant, Local 287 of Council 4, American Federation of State, County and Municipal Employees (the union), requested arbitration pursuant to article 13 of the collective bargaining agreement (the agreement) between the union and the board. In its grievance, the union alleged that one of its members, an assistant custodian (the employee), had been improperly discharged by the board in violation of the agreement.

The parties agreed on the following submission: “Did the Board of Education violate the collective bargaining agreement between the Union and the Board in terminating [the employee]? If so, what shall the remedy be?” Arbitration hearings were held on March 20,1981, April 3,1981, May 7,1981, and June 9,1981. The arbitration panel issued an award on January 19,1982, finding that the board violated the agreement in the manner in which it terminated the employee.

In its written memorandum, the arbitration panel made the following findings upon which its decision was based. The incident precipitating the discharge occurred on November 13,1980, at the Sheridan Middle School. The employee, apparently disgruntled over an adverse employment decision, verbally abused a fellow custodian and participated, at least to some extent, in the disruption of the custodian’s office. Soon thereafter, the employee was served with a termination notice at his home. On November 24, 1980, the board unanimously voted to accept the recommendation of the superintendent of schools that the employee be discharged. It was the board’s position that the discharge was based not only on the Sheridan School incident but on the employee’s history of disruptive and abusive behavior.1

[268]*268Prior to the incident at the Sheridan Middle School, on November 5, 1980, a stipulated arbitration award was granted in a matter involving the board and the union but concerning a totally unrelated grievance. In the stipulated award, the board agreed not to deliver communications concerning disciplinary action to the homes of members of the union.2 At the arbitration hearings held with regard to this appeal, that stipulated award was marked as an exhibit. Not only did the board acknowledge the validity of the stipulated award but it admitted its failure to comply with its terms.3

The arbitrators rendered an award on January 19, 1982, finding that the board violated the agreement in the manner in which it served notice of termination on the employee and directed that he be reinstated with seniority from the date of discharge but without back pay and other benefits.

The board, pursuant to General Statutes § 52-418, applied to the Superior Court to enter a judgment vacating the arbitration award claiming, inter alia, that (1) the award was not rendered within the time limits set by the parties’ collective bargaining agreement, and (2) the arbitrators exceeded their authority in making the award. The trial court denied the application stating that the decision of the arbitration panel was timely, that the arbitrators did not exceed their authority in [269]*269considering the stipulated award, and that they properly concluded that the board violated the agreement in the manner in which it served the termination notice. From that judgment, the board has appealed to this court, raising essentially the same claims.

We turn first to the board’s claim that the award should have been vacated on the ground that the arbitrators failed to issue a timely award in contravention of article 13, section 7, of the agreement.

Arbitration is a creature of contract; if the parties choose to set limits on the arbitrators’ powers, then the parties will be bound by those limits. Connecticut Union of Telephone Workers v. SNET Co., 148 Conn. 192, 197, 169 A.2d 646 (1961). This court is not ordinarily concerned with the wisdom or desirability of a provision upon which the parties themselves have agreed.

The relevant time limits are set forth in article 13, section 7, of the parties’ agreement which provides: “The Arbitrator shall be requested to render his award as quickly as possible, but in no event more than 30 calendar days from the filing of post hearing briefs, or 60 days after the final hearing, whichever is sooner, unless the parties agree otherwise.”

The board argues that the time limited for rendering the award was exceeded because the date of the final hearing was June 9,1981, the posthearing briefs were exchanged on September 4,1981, and the award was not rendered until January 19, 1982, more than six months after the final hearing.

We agree with the trial court that the operative words in the agreement are “shall be requested to render his award.” This language places no affirmative obligation on the arbitrator to act; rather the time limited begins to run upon the request of one or both of the parties. In this instance, there is no evidence that [270]*270a request was ever made. In fact, the board never objected until after the arbitrators rendered their decision. Because we find that the time limit set forth in the agreement never ran, and was therefore not exceeded, we need not decide whether the board’s failure to object until after an adverse decision was rendered constituted a waiver of any objection as to the timeliness of the award.

The board next argues that the award should have been vacated because the arbitrators exceeded their powers in violation of General Statutes § 52-4184 in considering the stipulated award to be a part of the agreement. The trial court found that the “arbitrators parenthetically stated that they considered [the stipulated award] to be an integral part of the Collective Bargaining Agreement between the Board and the Union.” In support of the propriety of this finding, the trial court noted that the stipulated award was marked as an exhibit at the arbitration hearings and that the board acknowledged its existence and validity and exhibited a letter of apology to the employee for the way in which he was notified that his employment was terminated. Consequently, the trial court concluded that the arbitrators correctly determined that the board violated the agreement in the manner in which it served the termination notice. We disagree.

We have consistently stated that arbitration is the favored means of settling differences and arbitration awards are generally upheld unless an award clearly falls within the proscriptions of § 52-418 of the General Statutes. Board of Education v. Bridgeport Edu[271]*271cation Assn., 173 Conn. 287, 290, 377 A.2d 323 (1977); International Union v. Fafnir Bearing Co., 151 Conn. 650, 653, 201 A.2d 656 (1964). “Every reasonable presumption and intendment will be made in favor of the award and of the arbitrators’ acts and proceedings.

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Bluebook (online)
487 A.2d 553, 195 Conn. 266, 1985 Conn. LEXIS 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-afscme-council-4-local-287-conn-1985.