Hartford Principals' & Supervisors' Ass'n v. Shedd

522 A.2d 264, 202 Conn. 492, 1987 Conn. LEXIS 791, 127 L.R.R.M. (BNA) 2633
CourtSupreme Court of Connecticut
DecidedMarch 10, 1987
Docket12697
StatusPublished
Cited by66 cases

This text of 522 A.2d 264 (Hartford Principals' & Supervisors' Ass'n v. Shedd) 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
Hartford Principals' & Supervisors' Ass'n v. Shedd, 522 A.2d 264, 202 Conn. 492, 1987 Conn. LEXIS 791, 127 L.R.R.M. (BNA) 2633 (Colo. 1987).

Opinion

Shea, J.

The dispositive issue in this appeal is whether mediation and binding arbitration procedures under the Teacher Negotiation Act are available to resolve contractual disputes between a school board and an employees’ union arising during the term of an existing contract. The plaintiff, Hartford Principals’ and Supervisors’ Association, unsuccessfully appealed to the Superior Court a declaratory ruling on two petitions it had filed with the commissioner of education in which the commissioner held that the mediation and arbitration provisions of the act apply only to the process of bargaining for a new contract. The plaintiff has filed a combined appeal from the judgments of the trial court affirming the ruling on each petition. We find no error.

The defendant Hartford Board of Education (board) and the plaintiff Hartford Principals’ and Supervisors’ [494]*494Association (union) entered into a collective bargaining agreement effective July 1,1975, to June 30,1978. During the term of the agreement, David Mulholland, a Hartford school principal, complained that the board had unilaterally assigned him additional duties on a long-term basis that modified his basic job responsibilities. The union sought to negotiate additional pay for Mulholland under article IV, § 12, of the collective bargaining agreement, which provided that “[w]henever the Superintendent or the Board of Education modifies the basic job responsibilities and duties of a unit position on a regular, long-term basis, in excess of 10 consecutive working days, the [union] shall have the right to negotiate and re-evaluate the grid placement of that position.” The board declined this request. On August 15, 1978, the state board of labor relations termed the board’s refusal to negotiate a breach of contract and ordered collective bargaining to begin immediately in accordance with the contract. The parties then negotiated for approximately one month without reaching agreement. Early in the term of the subsequent collective bargaining agreement in effect from July 1,1978, to June 30,1982, the same parties again engaged in mid-term bargaining without resolution concerning a list of nine matters that allegedly involved changes in the conditions of employment of school administrators.

In an attempt to resolve both bargaining impasses, the union, in October, 1979, and again in November, 1979, requested the defendant state department of education to begin the process of mediation and binding arbitration, invoking General Statutes § 10-153Í1 of the [495]*495Teacher Negotiation Act. General Statutes §§ 10-153a through 10-153n. A designee of the defendant commis[496]*496sioner of education (commissioner) refused, asserting that the impasse resolution procedures available under § 10-153Í do not apply to mid-term disputes. The union then filed for each mid-term dispute a petition for a declaratory ruling with the state department of education, seeldng a contrary determination. Following the commissioner’s declaratory ruling on both disputes that “midstream” negotiations are not within the purview of the mediation and arbitration provisions of § 10-153f, the union appealed the ruling in each instance separately to the Superior Court, which, on February 5, 1985, upheld both rulings. A combined appeal from the judgments was filed.

I

A

Before reaching the merits of the union’s appeal from the judgments of the trial court, we note that the collective bargaining agreements under which both midterm disputes arose have since expired and have been succeeded, in 1982 and again in 1985, by new contracts. Hence, we consider, at the outset, the threshold question of whether the present appeal is moot. See Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979). “It is a well-settled general rule that the existence of an actual controversy is an essential requisite to appel[497]*497late jurisdiction; it is not the province of appellate courts to decide moot questions, disconnected from the granting of actual relief or from the determination of which no practical relief can follow. Connecticut State Employees Assn. v. AFSCME, 188 Conn. 196, 199, 448 A.2d 1341 (1982); Waterbury Hospital v. Connecticut Health Care Associates, 186 Conn. 247, 440 A.2d 310 (1982).” State v. Macri, 189 Conn. 568, 569, 456 A.2d 1203 (1983); see also Shays v. Local Grievance Committee, 197 Conn. 566, 571-74, 499 A.2d 1158 (1985). Although not raised by any party to this appeal, the issue of jurisdiction may be examined by this court on its own motion.2 Practice Book § 3110 (now § 4056); Kulmacz v. Kulmacz, 177 Conn. 410, 412, 418 A.2d 76 (1979); LaReau v. Reincke, 158 Conn. 486, 494, 264 A.2d 576 (1969).

“The law recognizes that the actions of parties themselves, by settling their differences, can cause a case to become moot.” Waterbury Hospital v. Connecticut Health Care Associates, supra, 251. “The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect .... It necessarily follows that when, pending an appeal from the judgment of a lower court, and without any fault of the defendant, an event occurs which renders it impossible for this court . . . to grant [the plaintiff] any effectual relief whatever, the court [498]*498will not proceed to a formal judgment, but will dismiss the appeal.” Mills v. Green, 159 U.S. 651, 653, 16 S. Ct. 132, 40 L. Ed. 293 (1895); see Kulmacz v. Kulmacz, supra; Water bury Trust Co. v. Porter, 130 Conn. 494, 498, 35 A.2d 837 (1944); cf. D. Kates & W. Barker, “Mootness in Judicial Proceedings: Toward a Coherent Theory,” 62 Calif. L. Rev. 1385, 1403 (1974).

It might have been possible for the union to seek a resolution of its claim for mid-term dispute negotiations by seeking a provision specifically allowing negotiation and ultimate arbitration of mid-term disputes in contracts following those that have expired under which the disputes presently involved have arisen. We were assured at oral argument however that no such provision has been included in successor contracts. The failure of a party to pursue alternative means of dispute resolution does not render moot the issues raised in a legal action, though it may be of concern in deciding whether he is entitled to pursue that action. In any event, the issue of the construction of General Statutes § 10-153Í, under which the union claims a statutory right to mediation and arbitration of mid-term disputes, would not have been resolved during such bargaining.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Board of Education v. Waterbury Teachers Assn., CEA-NEA
196 Conn. App. 473 (Connecticut Appellate Court, 2020)
School Administrators v. Waterbury Financial Planning & Assistance Board
885 A.2d 1219 (Supreme Court of Connecticut, 2005)
Golnik v. Amato
299 F. Supp. 2d 8 (D. Connecticut, 2003)
United Public Workers, AFSCME, Local 646 v. Yogi
62 P.3d 189 (Hawaii Supreme Court, 2002)
United Public Workers, AFSCME, Local 646, AFL-CIO v. Yogi
62 P.3d 189 (Hawaii Supreme Court, 2002)
City of Waterbury v. Town of Washington
800 A.2d 1102 (Supreme Court of Connecticut, 2002)
Education Ass'n v. Board of Education
787 A.2d 517 (Supreme Court of Connecticut, 2002)
Board of Education v. Town & Borough
778 A.2d 862 (Supreme Court of Connecticut, 2001)
Puma v. Saint Mary Home, No. Cv 99-0592089 (Jul. 20, 2001)
2001 Conn. Super. Ct. 9906 (Connecticut Superior Court, 2001)
Barreira Landscaping & Masonry v. Frontier Insurance
779 A.2d 244 (Connecticut Superior Court, 2000)
Barreira Land. Mason. v. Frontier In., No. Cv97 034 69 08 (Dec. 6, 2000)
2000 Conn. Super. Ct. 15914 (Connecticut Superior Court, 2000)
Office of Consumer Counsel v. Department of Public Utility Control
742 A.2d 1257 (Supreme Court of Connecticut, 2000)
Hartford Prin. v. St. Bd. of Lab. Rel., No. Cv96 0563733-S (Jan. 7, 1998)
1998 Conn. Super. Ct. 558 (Connecticut Superior Court, 1998)
Connecticut State Employees v. State, No. Hhd Cv96 0564307 (Jul. 18, 1997)
1997 Conn. Super. Ct. 7558 (Connecticut Superior Court, 1997)
American Fed. of St. Ct. M. E. v. Csblr, No. Cv96 0558128 (Nov. 26, 1996)
1996 Conn. Super. Ct. 9949 (Connecticut Superior Court, 1996)
Capers v. Lee
684 A.2d 696 (Supreme Court of Connecticut, 1996)
Stafford Bd. of Ed. v. State Bd. of Ed., No. Cv95 0057771 S (Nov. 13, 1996)
1996 Conn. Super. Ct. 9116 (Connecticut Superior Court, 1996)
Angelsea Productions, Inc. v. Commission on Human Rights & Opportunities
674 A.2d 1300 (Supreme Court of Connecticut, 1996)
Applied Comp. SEC. Prod. v. trumbull/eac, Inc., No. 325072 (Dec. 1, 1995)
1995 Conn. Super. Ct. 13491 (Connecticut Superior Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
522 A.2d 264, 202 Conn. 492, 1987 Conn. LEXIS 791, 127 L.R.R.M. (BNA) 2633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-principals-supervisors-assn-v-shedd-conn-1987.