Brass City Local, CACP v. Waterbury

337 Conn. 576
Supreme Court of Connecticut·Decided December 9, 2020·No. SC20337·Published

Opinion

Page 52 CONNECTICUT LAW JOURNAL August 17, 2021

576 AUGUST, 2021 337 Conn. 576 Brass City LocaL, CACP v. Waterbury

BRASS CITY LOCAL, CACP v. CITY OF WATERBURY (SC 20337) Robinson, C. J., and Palmer, McDonald, D’Auria, Mullins, Kahn and Ecker*

Syllabus

The plaintiff, a collective bargaining unit that represented employees of the Waterbury Police Department, appealed from the trial court’s judgment dismissing for lack of subject matter jurisdiction the plaintiff’s applica- tion to confirm an interest arbitration award that had been issued pursu- ant to statute (§ 7-473c). The plaintiff and the defendant city, which were parties to an expired collective bargaining agreement, entered into mandatory, binding arbitration after they failed to negotiate a successor agreement. The resulting arbitration award determined the terms and conditions of the successor agreement. The city filed a motion to dismiss the plaintiff’s application to confirm, contending that the trial court lacked subject matter jurisdiction to consider it. In granting the city’s motion, the trial court concluded, inter alia, that § 7-473c did not, by its terms, authorize judicial review of an interest arbitration award by way of an application to confirm filed pursuant to statute (§ 52-417). On appeal from the dismissal of the plaintiff’s application to confirm, held that the trial court correctly determined that it lacked jurisdiction under § 52-417 to confirm an interest arbitration award issued pursuant to § 7-473c and, accordingly, properly granted the city’s motion to dis- miss: the provisions of chapter 909 of the General Statutes, including § 52-417, which generally govern agreements to arbitrate and arbitration proceedings, apply solely to arbitral awards resulting from written agree- ments to arbitrate, and it was undisputed that the parties’ arbitration was not conducted pursuant to such an agreement but, rather, in accor- dance with the mandatory arbitration provisions of § 7-473c; moreover, although § 7-473c explicitly provides that parties may seek to vacate or modify an interest arbitration award under the statutes (§§ 52-418 and 52- 419) governing applications to vacate and to modify arbitration awards, respectively, § 7-473c does not provide that parties may seek to confirm

* This case originally was scheduled to be argued before a panel of this court consisting of Chief Justice Robinson and Justices Palmer, McDonald, D’Auria, Mullins, Kahn and Ecker. Although Chief Justice Robinson was not present when the case was argued before the court, he has read the briefs and appendices, and listened to a recording of the oral argument prior to participating in this decision. The listing of justices reflects their seniority status on this court as of the date of oral argument. August 17, 2021 CONNECTICUT LAW JOURNAL Page 53

337 Conn. 576 AUGUST, 2021 577 Brass City LocaL, CACP v. Waterbury an interest arbitration award under § 52-417, and the failure of the legisla- ture to authorize confirmation of an interest arbitration award issued pursuant to § 7-473c was intentional and not an oversight. Argued November 19, 2019—officially released December 9, 2020**

Procedural History

Application to confirm an arbitration award, brought to the Superior Court in the judicial district of Water- bury, where the court, Brazzel-Massaro, J., granted the defendant’s motion to dismiss and rendered judgment thereon, from which the plaintiff appealed. Affirmed. Stephen F. McEleney, with whom was David S. Tay- lor, for the appellant (plaintiff). Joseph B. Summa, for the appellee (defendant). Opinion

PALMER, J. The plaintiff, Brass City Local, CACP (union), a collective bargaining unit representing employ- ees of the Waterbury Police Department, appeals1 from the judgment of the trial court granting the motion to dismiss of the defendant, the city of Waterbury (city), for lack of subject matter jurisdiction. The union filed this action, seeking to have the trial court confirm an interest arbitration award issued in accordance with the provisions of General Statutes § 7-473c2 of the Munici- ** December 9, 2020, the date that this decision was released as a slip opinion, is the operative date for all substantive and procedural purposes. 1 The union appealed to the Appellate Court from the judgment of the trial court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. 2 General Statutes § 7-473c provides in relevant part: ‘‘(b) (1) If neither the municipal employer nor the municipal employee organization has requested the arbitration services of the State Board of Mediation and Arbi- tration (A) within one hundred eighty days after the certification or recogni- tion of a newly certified or recognized municipal employee organization required to commence negotiations pursuant to section 7-473a, or (B) within thirty days after the expiration of the current collective bargaining agreement . . . or . . . the date the parties to an existing collective bargaining agree- ment commence negotiations to revise said agreement on any matter affect- ing wages, hours, and other conditions of employment, said board shall notify the municipal employer and municipal employee organization that . . . binding and final arbitration is now imposed on them . . . . Page 54 CONNECTICUT LAW JOURNAL August 17, 2021

578 AUGUST, 2021 337 Conn. 576 Brass City LocaL, CACP v. Waterbury

pal Employees Relations Act (MERA), General Statutes § 7-467 et seq. The union contends that the trial court incorrectly determined that it lacked subject matter jurisdiction to confirm the award under General Stat- utes § 52-417.3 We disagree and, accordingly, affirm the judgment of the trial court. The following undisputed facts and procedural his- tory are relevant to our resolution of this appeal. The union and the city were parties to a collective bargaining agreement (agreement) that expired on June 30, 2012. On or about February 28, 2013, the parties began negoti- ating a successor agreement. After reaching an impasse in the negotiations, the parties, in accordance with § 7- 473c, entered into compulsory binding arbitration before a panel of the state Board of Mediation and Arbitration. On April 18, 2016, the panel filed an arbitration statement, which included contractual provisions agreed on by the parties, as well as a list of unresolved issues to be deter- mined by the panel. The parties thereafter submitted their last best offers with respect to each of the unre- solved issues, and, on November 7, 2016, the arbitration panel issued its award. Approximately, one month later, the Waterbury Board of Aldermen (board of alderman) approved the award. Neither party filed a motion to ‘‘(2) Within ten days of receipt of written notification required pursuant to subdivision (1) of this subsection, the chief executive officer of the municipal employer and the executive head of the municipal employee organization each shall select one member of the arbitration panel. Within five days of their appointment, the two members of the arbitration panel shall select a third member, who shall be an impartial representative of the interests of the public in general and who shall be selected from the panel of neutral arbitrators appointed pursuant to subsection (a) of this section. Such third member shall be the chairperson of the panel. . . .’’ 3 General Statutes § 52-417 provides in relevant part: ‘‘At any time within one year after an award has been rendered and the parties to the arbitration notified thereof, any party to the arbitration may make application to the superior court . . . for an order confirming the award. The court . . .

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