Greater Bridgeport Transit District v. Amalgamated Transit Union, Local 1336

610 A.2d 1324, 28 Conn. App. 337, 1992 Conn. App. LEXIS 283
CourtConnecticut Appellate Court
DecidedJuly 21, 1992
Docket10739
StatusPublished
Cited by11 cases

This text of 610 A.2d 1324 (Greater Bridgeport Transit District v. Amalgamated Transit Union, Local 1336) 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
Greater Bridgeport Transit District v. Amalgamated Transit Union, Local 1336, 610 A.2d 1324, 28 Conn. App. 337, 1992 Conn. App. LEXIS 283 (Colo. Ct. App. 1992).

Opinion

Norcott, J.

The plaintiff, Greater Bridgeport Transit District (district), appeals from the trial court’s judgment denying its application to vacate an arbitration award brought pursuant to General Statutes § 52-418 and concomitantly granting the application of the defendant, Amalgamated Transit Union, Local 1336 (union), for an order confirming the award.

On appeal, the district claims that the trial court improperly determined that (1) the arbitrator was authorized to render an award, (2) his award conformed to the submission, and (3) the submission involved an agreement between the parties that is required by federal law. We affirm the judgment of the trial court.

The pertinent facts are as follows. The district, a public entity serving the elderly and handicapped, employs union members to perform vehicle maintenance. The parties’ collective bargaining agreement provides for arbitration and states in part that “[t]he decision of the arbitrator shall be final and binding upon the parties,” and that the arbitrator’s authority “shall be limited to interpreting and applying the provisions” of the agreement.1 The parties also operate under what is known [339]*339as a “13 (c) agreement,” which is mandated by federal law because the district receives federal funding pursuant to the Urban Mass Transportation Act of 1964, 49 U.S.C. § 1601 et seq.2 That agreement sets forth requirements for dispute resolution and provides that grievances may be submitted for arbitration in accordance with the collective bargaining agreement.

In June, 1990, the union commenced grievance proceedings alleging that maintenance on certain vehicles was not being performed by its members as required by the collective bargaining agreement. The parties proceeded to arbitration, and a single, neutral arbitrator was appointed by the American Arbitration Association. On the first day of arbitration, October 25,1990, the union’s counsel stated that a three member panel made up of a neutral arbitrator and one chosen by each party should hear the dispute. After some off-the-record discussion, the arbitrator suggested that the hearing proceed and include argument as to whether a three member panel was required. The arbitrator would then issue a draft decision on both the substantive dispute and the issue of who should have arbitrated the matter. The parties were told that if the arbitrator found that the hearing should have been heard by a three member panel, he would present his draft decision to the parties so they could request such a panel that would then review and vote on the draft decision. The union’s counsel agreed to these procedures. The district’s counsel objected, but nevertheless participated in the hearing that day and throughout further hearings.3

[340]*340On April 25,1991, the arbitrator issued his draft decision, finding in favor of the union on the substantive issue and crafting a remedy in accordance therewith. Although the arbitrator determined that the district had not violated the collective bargaining agreement, he found that it did violate the 13 (c) agreement. The arbitrator also determined that under these contracts, the three member panel was required. Pursuant to the procedures discussed on October 25,1990, copies of the decision were mailed to the parties, who had until May 14,1991, to make written requests for review by a three member panel. The union chose to accept the decision. Because neither party requested review by a three member panel, the arbitrator made the draft decision final on May 16, 1991. It was then signed by the arbitrator and the union’s counsel. The district declined to sign the decision.

On May 24,1991, the district moved in the Superior Court to vacate the arbitration award, claiming that the arbitrator had exceeded his authority under General Statutes § 52-418 (a) (4). On June 17, 1991, the defendant moved to confirm the award. On October 9, 1991, the trial court issued a memorandum of decision denying the district’s request to vacate the arbitration award and granting the union’s request for confirmation. This appeal followed.

The district first claims that the arbitrator lacked authority to render an award because he ultimately determined that a three member arbitration panel should decide the grievance. We disagree.

[341]*341At the outset, we note that as a reviewing court we afford great deference to arbitrators’ decisions; Board of Education v. AFSCME, 195 Conn. 266, 270, 487 A.2d 553 (1985); Board of Education v. Hartford Federation of School Secretaries, 26 Conn. App. 351, 352, 600 A.2d 1053 (1992); since the scope of our review is limited by General Statutes § 52-418 and the terms of the parties’ contract. Carroll v. Aetna Casualty & Surety Co., 189 Conn. 16, 22, 453 A.2d 1158 (1983); Board of Education v. Hartford Federation of School Secretaries, supra, 353. Specifically, our review is limited to a comparison of the award with the submissions, and to a determination of whether the award conforms to the submissions. Watertown Police Union Local 541 v. Watertown, 210 Conn. 333, 338-39, 555 A.2d 406 (1989). The party seeking to vacate the award has the burden of demonstrating its nonconformity to the submission. Id., 339; Board of Education v. Hartford Federation of School Secretaries, supra, 353-54.

Here, the trial court found that the parties’ contracts provided that disputes are to be arbitrated in accordance with their collective bargaining agreement, and that an arbitration decision is final and binding on the parties. The court also determined that the parties did not restrict the submission so as to authorize the arbitrator to consider only the specific grievance at issue. As a result, determination of whether a single arbitrator was permissible or whether a tripartite panel was required was a matter within the scope of the unrestricted submission. Board of Education v. Hartford Federation of School Secretaries, supra; Hartford v. IAFF, Local 760, AFL-CIO, CLC, 24 Conn. App. 254, 257-58, 587 A.2d 435 (1991). “Where the parties contractually agree to a procedure and have delineated the authority of the arbitrators, they must adhere to, and are bound by, the limits which they have set.” Trumbull v. Trumbull Police Local 1745, 1 Conn. App. 207, [342]*342211-12, 470 A.2d 1219 (1984); Waterbury Board of Education v. Waterbury Teachers Assn., 168 Conn. 54, 62, 357 A.2d 466 (1975).

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Bluebook (online)
610 A.2d 1324, 28 Conn. App. 337, 1992 Conn. App. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greater-bridgeport-transit-district-v-amalgamated-transit-union-local-connappct-1992.