Local 1183 of Council No. 4 v. State Board of Labor Relations

636 A.2d 1366, 33 Conn. App. 541, 147 L.R.R.M. (BNA) 2508, 1994 Conn. App. LEXIS 46
CourtConnecticut Appellate Court
DecidedFebruary 8, 1994
Docket12080
StatusPublished
Cited by4 cases

This text of 636 A.2d 1366 (Local 1183 of Council No. 4 v. State Board of Labor Relations) 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
Local 1183 of Council No. 4 v. State Board of Labor Relations, 636 A.2d 1366, 33 Conn. App. 541, 147 L.R.R.M. (BNA) 2508, 1994 Conn. App. LEXIS 46 (Colo. Ct. App. 1994).

Opinion

Schaller, J.

This action concerns the distribution of overtime hours pursuant to a contract between the plaintiff, Local 1183 of Council No. 4, AFSCME, AFL-CIO, and the defendant town of Wallingford. The union appeals from the judgment of the trial court affirming the decision of the named defendant, the State Board of Labor Relations (labor board), which determined that the town had fully complied with an arbitration award issued by the State Board of Mediation and Arbitration (arbitration board). The issue presented on appeal is whether the trial court improperly affirmed the decision of the labor board.

The following facts are relevant to this appeal. The union and the town entered into a labor contract in 1985. Article 5, § 14, of that contract stated: “All overtime work shall be distributed as equally as possible among employees within classifications1 during each calendar year provided they are qualified.” In 1986 or 1987, the union filed a grievance with the arbitration board pursuant to General Statutes § 7-472,2 part of the Municipal Employees Relations Act, claiming that the town had violated the contract with regard to the distribution of overtime.

The arbitration board rendered the following decision on September 11,1989: “The Town did violate the [543]*543Contract with regard to the distribution of overtime. The Town shall pay those grievants who would have been entitled excluding those out on Workers’ Compensation during the entire period at issue, but including any portion that an injured employee was returned to work at full capacity, the overtime to which they were entitled under the equalizing clause of the Contract.”

In November, 1989, the town notified each grievant of the amount of overtime pay due, as well as the method of calculating that pay. The town determined the total number of overtime hours worked by employees in a particular classification, and then divided that amount by the number of employees within that classification. The resulting quotient was the average overtime hours for each employee within that classification. If an employee worked more overtime hours than the average, he was allowed to keep all his pay, as he had actually worked those extra hours. If an employee worked fewer overtime hours than the average, the difference between the average and the hours that he actually worked was calculated, and the employee was compensated for the difference.

On December 7, 1989, the union filed a complaint with the labor board pursuant to General Statutes (Rev. to 1989) § 7-471 (4),3 alleging that the town had committed a prohibited practice as set forth in General Stat[544]*544utes § 7-470 (a) (6),4 by failing to comply with the award made by the arbitration board. Before the labor board addressed that complaint, the union also filed a complaint with the arbitration board on February 1,1990, claiming that the town had not complied with the original award and that the parties differed as to the meaning of the award with regard to the method by which the town was to calculate the overtime pay, and requesting that the arbitration board clarify its award pursuant to § 31-91-50 of the Regulations of Connecticut State Agencies.5 6The town opposed any “clarification” on the bases that it had complied with the award, and that the award was clear and unambiguous. On May 16,1990, the arbitration board, however, issued a clarification of its award, stating in pertinent part: “Each person in each classification should be awarded the same amount of overtime at the end of the year as the top person in his classification. Overtime situations occur throughout the year. The Town should equalize it by offering it on a rotating basis to all employees within a given classification. If the employee refuses because he does not wish to take advantage of the overtime opportunity or he is unable to perform the overtime work then he will be charged with the hours.”

On February 5, 1991, the labor board finally heard the union’s complaint that had been filed in December, 1989. The labor board dismissed that complaint on [545]*545March 31,1992, on grounds that the original award by the arbitration board was clear, the arbitration board lacked the jurisdiction to “reopen a hearing and reconsider the merits of the original award,” the clarification was, therefore, a nullity, and the town had complied with the original award. The union then filed an administrative appeal to the Superior Court pursuant to General Statutes § 4-183.6 The trial court affirmed the decision of the labor board dismissing the union’s complaint, determining that the arbitration board’s original award was clear and unambiguous, and that the town had complied with that award. The court also acknowledged that although the arbitration board had the power in general to issue clarifications of its awards, the arbitration board did not have the power to change the substance of its award. The court determined that the arbitration board’s “ ‘clarification’ . . . cannot have the effect of changing the plain meaning of the Contract and the original award.” The union now appeals to this court.

The union contends that the labor board lacked the authority to nullify the “clarified” award of the arbitration board. The union asserts that the labor board, pursuant to § 7-470, could determine only whether the town had complied with the award as “clarified.” Then, when the union appealed the case to the Superior Court, the court should have exercised its review with regard to the labor board’s determination of whether the town had complied with the “clarified” award.

We note at the outset that the arbitrator apparently misunderstood the nature of the union’s request for a clarification. The union asked that the arbitration board [546]*546issue a “clarification of this award,”7 (emphasis added) implying that the intention of the union was to have the arbitration board explain the existing award. Rather than explain the original award, however, the arbitrator filed a clarification that contained totally prospective language. The clarification contains language indicating that the town “should” rather than “shall” do certain things, suggesting that the “clarification” was not an explanation of how to calculate lost overtime, but, instead, a primer as to how to deal with the distribution of overtime in the future.

We now examine the actions of the labor board in dismissing the union’s complaint. Under General Statutes § 7-740 (a) (6), the labor board was asked to determine whether the town had complied with the award of the arbitrator. To assess compliance, the labor board had to interpret the arbitrator’s award. In examining the arbitrator’s award, the labor board determined that the original award, without any clarification, governed its assessment. The labor board decided that the original award of the arbitration board was clear and unambiguous, the town had complied with the original award, and the arbitration board had no power to “clarify” the unambiguous award.

“The standard of judicial review of administrative agency rulings is well established. Lieberman v. State Board of Labor Relations, 216 Conn. 253, 261, 579 A.2d [547]*547505 (1990); Board of Education v. State Employees Retirement Commission, 210 Conn.

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Bluebook (online)
636 A.2d 1366, 33 Conn. App. 541, 147 L.R.R.M. (BNA) 2508, 1994 Conn. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-1183-of-council-no-4-v-state-board-of-labor-relations-connappct-1994.