Gemmell v. City of New Haven

628 A.2d 1331, 32 Conn. App. 280, 1993 Conn. App. LEXIS 356
CourtConnecticut Appellate Court
DecidedAugust 3, 1993
Docket11594
StatusPublished
Cited by16 cases

This text of 628 A.2d 1331 (Gemmell v. City of New Haven) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gemmell v. City of New Haven, 628 A.2d 1331, 32 Conn. App. 280, 1993 Conn. App. LEXIS 356 (Colo. Ct. App. 1993).

Opinion

Daly, J.

The plaintiff unsuccessfully appealed to the trial court challenging the New Haven board of fire commissioners’ decision to terminate him from his position in the New Haven fire department.1 The plaintiff now appeals from the trial court’s order dismissing his appeal for lack of subject matter jurisdiction after find[281]*281ing that he failed to exhaust his administrative remedies.2 We affirm the judgment of the trial court.

The trial court found the following facts, which are not disputed. On January 11, 1986, and February 8, 1986, the plaintiff took the civil service examination for the position of firefighter III. He passed the examination and was placed on the eligible list.3 On February 3, 1987, the plaintiff was selected from the civil service list and was assigned to attend a ten week training session at the fire fighters’ training academy. On March 27, 1987, the plaintiff injured his ankle during a training class and was therefore unable to complete the session. In June, 1987, the plaintiff underwent surgery to his ankle and his physician concluded that he would be able to attend the fire fighters’ training course commencing in March, 1988. The board permitted the plaintiff to remain on light duty at the academy until new assignments would be made to a training session.

On February 2,1988, the board decided to allow the plaintiff to participate in the March training course and extended his probationary period to one year from the commencement of the training class. The plaintiff attended the March training course until he was injured again on April 4, 1988, and his physician determined that he was physically unfit to continue training. After undergoing surgery that summer, the plaintiff was eventually determined to be fit to return to light duty beginning November 7, 1988.

[282]*282At the January 23, 1989 meeting of the board, the chief of the fire department stated that due to shrinking financial resources, light duty would no longer be available. The chief pointed out that the plaintiff was not a sworn member of the fire department but an employee at will. It was under these circumstances that the board terminated the plaintiffs assignment to the training academy and notified the plaintiff of its decision.

The plaintiff appealed from the board’s decision pursuant to § 117 of the New Haven charter, which provides: “Any officer or employee aggrieved by the action of said board may make application to any judge of a court of competent jurisdiction within and for New Haven county in the nature of an appeal from such order of the board of commissioners.” In his complaint, the plaintiff alleged that he was a New Haven fire fighter and that the board improperly “terminated [him] as an employee.”

The plaintiff asserted at trial that he was a permanent employee of the New Haven fire department, that he possessed a property right to his job, and that the board illegally terminated him. Conversely, the defendants maintained that the plaintiff was not a permanent employee, and, were he a permanent employee, his failure to exhaust his administrative remedies under the collective bargaining agreement between New Haven and the fire fighters’ union deprived the trial court of subject matter jurisdiction.4 The trial court found that the plaintiff was a member of the fire fighters’ union at the time of his termination, had paid union dues, was on the union roster, held a union card, and had recourse [283]*283to the grievance procedures for probationary employees as set forth in the contract between the city and the union. The trial court further explained that because the plaintiff did not first exhaust his administrative remedies under the grievance procedures in the contract, the appeal had to be dismissed for lack of subject matter jurisdiction. This appeal ensued.

Whether the plaintiff was a probationary or permanent employee working as a fire fighter, who was wrongfully terminated, the trial court lacked subject matter jurisdiction to hear his appeal. A party may not institute an action in the Superior Court without first exhausting available administrative remedies. Hyatt v. Milford, 26 Conn. App. 194, 197, 600 A.2d 5 (1991), appeal dismissed, 224 Conn. 441, 619 A.2d 450 (1993); Lopiano v. Stamford, 22 Conn. App. 591, 594-95, 577 A.2d 1135 (1990). If the applicable administrative remedies are not exhausted, the trial court does not have subject matter jurisdiction over the matter. Trigila v. Hartford, 217 Conn. 490, 493-94, 586 A.2d 605 (1991); Hyatt v. Milford, supra. The doctrine of exhaustion discourages piecemeal appeals from the decisions of administrative agencies thus “fostering an orderly process of administrative adjudication and judicial review in which a reviewing court will have the benefit of the agency’s findings and conclusions.” Concerned Citizens of Sterling v. Sterling, 204 Conn. 551, 557, 529 A.2d 666 (1987). Thus, the plaintiff was obliged to invoke the grievance procedures set forth in the collective bargaining agreement. His failure to do so deprived the trial court of subject matter jurisdiction over the appeal.

“Unions and their employers have broad contractual authority to provide administrative remedies for disputes arising out of the employment relationship. That authority encompasses issues of law as well as of fact. . . . Before pursuing even alleged violations of state statutory procedures and of constitutional rights [284]*284to due process and equal protection, parties to a collective bargaining agreement must attempt to exhaust the exclusive grievance and arbitration procedures established in their agreement before resorting to court.” (Citations omitted; internal quotation marks omitted.) Trigila v. Hartford, supra, 494-95; Concerned Citizens of Sterling v. Sterling, supra, 556. The grievance procedure was not pursued.

Article VI, § 6.1, of the collective bargaining agreement provides: “In the event that any dispute arises between the City and the Union or any employee concerning the interpretation or application of any of the provisions of this agreement or concerning wages, hours, and conditions of employment which are provided for in this Agreement or in any statute, charter provision, ordinance regulation or policy, or concerning any matter or condition arising out of the employer-employee relationship, such difference or dispute shall be deemed a grievance and shall be settled in accordance with the process set forth herein.”

Assuming that the plaintiff achieved the status of a probationary employee or even a permanent employee, we conclude that his dispute would fall within § 24.1 of the collective bargaining agreement5

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Bluebook (online)
628 A.2d 1331, 32 Conn. App. 280, 1993 Conn. App. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gemmell-v-city-of-new-haven-connappct-1993.