Education Ass'n v. Board of Education

787 A.2d 517, 259 Conn. 5, 2002 Conn. LEXIS 3, 170 L.R.R.M. (BNA) 2560
CourtSupreme Court of Connecticut
DecidedJanuary 8, 2002
DocketSC 16537
StatusPublished
Cited by5 cases

This text of 787 A.2d 517 (Education Ass'n v. Board of Education) 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
Education Ass'n v. Board of Education, 787 A.2d 517, 259 Conn. 5, 2002 Conn. LEXIS 3, 170 L.R.R.M. (BNA) 2560 (Colo. 2002).

Opinion

Opinion

ZARELLA, J.

This appeal requires us to determine the standard under which a review panel, pursuant to the compulsory arbitration provisions of the Teacher Negotiation Act, General Statutes § 10-153a et seq.,1 [8]*8reviews an arbitration award that the legislative body [9]*9of a local school district has rejected. The plaintiff, [10]*10Education Association of Clinton (association),* 2 and the defendant, the Clinton board of education (board), entered into binding arbitration after failing to reach a negotiated settlement on several issues relating to the employment of public school teachers in the town of Clinton. After holding a hearing on the issues, the arbitration panel issued an award that the Clinton board of selectmen3 (town) subsequently rejected unanimously. Thereafter, pursuant to General Statutes § 10-153Í (c) (7) (A),4 the commissioner of education (commissioner) selected a review panel of three neutral arbitrators, which, after reviewing the record, the town’s written explanation of its vote to reject the arbitration panel’s award and the parties’ written responses, issued a final and binding arbitration award. Subsequently, the association filed with the Superior Court a motion to modify the review panel’s award, arguing that, because the review panel had failed to give deference to the decision of the arbitration panel, the award was, inter alia, procedurally unlawful and made in excess of the review panel’s statutory authority. The trial court rejected the association’s argument, denied the association’s motion to modify the award and rendered judgment thereon, from which the association appealed to the Appellate Court. Pursuant to General Statutes § 51-199 (c) and Practice Book § 65-2, we granted the parties’ joint request to transfer the appeal to this court. We affirm the judgment of the trial court.

The record discloses the following relevant facts and procedural history. The parties commenced contract negotiations in July, 1998. Notwithstanding the intervention of a mediator on September 17,1998, the parties [11]*11were unable to reach a negotiated settlement on eleven issues, including whether science laboratory instruction should be considered a teaching period for purposes of calculating daily teaching periods and whether, under limited circumstances, a teacher should be required to perform physical restraint procedures on certain special education students.5 Pursuant to § 10-153f (c),6 the parties entered into binding arbitration to resolve those issues, and, on December 3, 1998, the arbitration panel issued its award. The arbitration panel accepted the association’s last best offer on six issues, including the issues of science laboratory classification7 [12]*12and the use of physical restraint procedures,* *****8 and the board’s last best offer on five issues.

On December 28, 1998, the town unanimously voted to reject the arbitration award. In a written explanation of the vote, the town explained that the implementation of the arbitration panel’s award regarding the use of physical restraint procedures “would be in direct conflict with the school district’s legal obligations” under General Statutes § 10-76d and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. The town also stated that, with respect to the physical restraint procedure issue, the award was not based on the evidence and was contrary to the statutory factor relating to existing employment conditions of similarly situated employee groups. See General Statutes § 10-153f (c) (4) (D). With respect to the science laboratory classification issue, the town stated that the majority of the arbitration panel did not give priority to the financial implications of the award, as § 10-153f (c) (4) requires, and that, as uncontroverted testimony had demonstrated, the award would require the board to hire additional science teachers at a substantial cost. The town urged the review panel not to give deference to the “arbitration panel’s awards on the issues that form[ed] the basis for the [t]own’s rejection . . . .”

[13]*13In its response to the town’s rejection of the arbitration panel’s award, the association urged the review panel not to conduct a de novo review. The association suggested that the review panel should review the decisions of the arbitration panel to determine whether there was error or an abuse of discretion. The association contended that the review panel was bound to uphold the initial award if it found evidence in support thereof. The association ultimately contended that the evidence supported modification of the award with respect to only those issues on which the arbitration panel had adopted the board’s last best offer.

After reviewing the record and briefs of the parties, the town’s written explanation for its rejection of the arbitration panel’s award and the parties’ respective responses thereto, the review panel issued a final and binding arbitration award. The review panel accepted the last best offer of the association on four issues and the last best offer of the board on seven issues, including the issues of science laboratory classification and the use of physical restraint procedures. With respect to the classification of science laboratory instruction as a teaching period, the review panel concluded that the evidence in the record did not support the arbitration panel’s award. The review panel determined that the award was not in the public’s best interest. Specifically, the review panel concluded that the financial impact of the award was “unknown and could be substantial,” owing in part to the ambiguity of the association’s last best offer, which could apply to other teachers who teach nonscience laboratories. The review panel further determined that the board’s last best offer adequately had addressed the association’s concerns about parity of duties between science teachers and other teachers. With respect to the issue of the use of physical restraint procedures, the review panel concluded that the evidence in the record did not support the arbitration [14]*14panel’s award. Specifically, the review panel determined, inter alia, that the association’s last best offer did not serve the public interest and that the board’s offer adequately had addressed the concerns of the association.

The association filed a motion in the trial court seeking to modify the review panel’s final arbitration award. The association argued that § 10-153Í (c) (7) authorizes the review panel to “conduct a review of the [arbitration] panel’s decision, not [to] hear the matter de novo. Such a review requires the [review] panel to defer to the [arbitration] panel’s decision unless it is unsupported by substantial evidence ... or affected by legal error.” (Emphasis in original.) The association also argued that, because the review panel, sitting as an “ ‘appellate body,’ ” improperly reviewed the issues de novo, it exceeded its statutory authority, and, thus, its decision with respect to the issues of science laboratory classification and the use of physical restraint procedures was based upon unlawful procedure.9

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Bluebook (online)
787 A.2d 517, 259 Conn. 5, 2002 Conn. LEXIS 3, 170 L.R.R.M. (BNA) 2560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/education-assn-v-board-of-education-conn-2002.