Metropolitan District Commission v. American Federation of State

654 A.2d 384, 37 Conn. App. 1, 149 L.R.R.M. (BNA) 2954, 1995 Conn. App. LEXIS 88
CourtConnecticut Appellate Court
DecidedFebruary 21, 1995
Docket13197
StatusPublished
Cited by14 cases

This text of 654 A.2d 384 (Metropolitan District Commission v. American Federation of State) 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
Metropolitan District Commission v. American Federation of State, 654 A.2d 384, 37 Conn. App. 1, 149 L.R.R.M. (BNA) 2954, 1995 Conn. App. LEXIS 88 (Colo. Ct. App. 1995).

Opinion

Heiman, J.

The defendant appeals from the judgment of the trial court vacating an arbitration award pursuant to General Statutes § 52-418.1 On appeal, the defendant claims that the trial court improperly granted the plaintiff’s application to vacate the award because the evidence was not sufficient to support a finding that the plaintiff’s rights were prejudiced by the failure of the arbitration panel to hold three-way discussions.2 We agree with the defendant and reverse the judgment of the trial court.

The following facts are relevant to this appeal. The defendant union represents employees of the plaintiff employer. A collective bargaining agreement governs the resolution of disputes between the parties and provides for arbitration by the state board of mediation and arbitration.

In January, 1985, union steward John Holleran filed a grievance on behalf of eleven employees, requesting that the position of specialist on the night emergency crew be reclassified from labor grade five to labor grade seven.3 In support of its claim, the defendant union [3]*3asserted that the specialist position had been assigned numerous additional duties since its last classification and that those added duties required additional skill and training and subjected the employees to increased risk. The alleged new duties included covering sewer complaints, fueling trucks with propane, participating in an emergency communication system, and maintaining the interconnection of water systems to Hamilton Standard and Bradley International Airport.

Pursuant to the collective bargaining agreement, the defendant union submitted its request for reclassification to the plaintiffs personnel department. The plaintiff denied the defendant’s request on June 22, 1987, and the defendant demanded arbitration according to the terms of the collective bargaining agreement. Because the parties could not agree on the issue to be submitted to the arbitration panel, the panel framed the issue as follows:4 “Has the Metropolitan District Commission properly classified the Specialist LG-5 (Shift Coverage) position? If not, what shall be the remedy?” A hearing was held on August 1, 1989, before a three person arbitration panel that consisted of a labor representative, a management representative, and a neutral member.

On July 16, 1990, the arbitration panel issued its unanimous decision in favor of the defendant union. The panel concluded that the additional duties required to be performed by those employed as specialists were significant enough to require reclassification. The plaintiff was, therefore, directed to reclassify the position to labor grade seven.

[4]*4On July 25, 1990, the plaintiff applied to the Superior Court for an order vacating the award. Among its numerous claims, the plaintiff contended that its rights were prejudiced by the failure of the arbitration panel to hold three-way discussions pursuant to § 31-91-45 (a) of the Regulations of Connecticut State Agencies.* ***5 The plaintiff did not allege any facts to explain why the failure to hold three-way discussions was prejudicial to its rights. The defendant moved for confirmation of the arbitration award. The parties stipulated to the sole fact that the “three members of the arbitration panel . . . had no three-way discussions, either telephonically or in person, before the arbitration decision and award was issued.” No evidence of the nature of the claimed prejudice was presented to the trial court.

A hearing was held on the cross applications on September 7,1993. The trial court found that the arbitration panel had acted in violation of § 31-91-45 (a), and the court vacated the award.6 The trial court failed to explain, however, how the plaintiff was prejudiced by the actions of the arbitrators in any way. It further determined that a reasonable time for rendering an award had expired and declined to remand the case to the arbitration panel for a rehearing.

On appeal, the defendant claims that the trial court improperly vacated the award of the arbitration panel. The defendant asserts that the trial corut had insufficient evidence before it to support a finding that the plaintiff was prejudiced by the arbitration panel’s failure to hold three-way discussions as required by § 52-418. We agree.

[5]*5“We have stated repeatedly that judicial review of arbitration awards is limited in scope . . . .” (Citation omitted; internal quotation marks omitted.) Metropolitan District Commission v. AFSCME, Council 4, 35 Conn. App. 804, 807-808, 647 A.2d 755 (1994). Our courts have “wholeheartedly endorsed arbitration as an effective alternative method of settling disputes intended to avoid the formalities, delay, expense and vexation of ordinary litigation. . . . When arbitration is created by contract, we recognize that its autonomy can only be preserved by minimal judicial intervention.” (Citations omitted; internal quotation marks omitted.) O & G/O’Connell Joint Venture v. Chase Family Ltd. Partnership No. 3, 203 Conn. 133, 145, 523 A.2d 1271 (1987); see also Hartford v. Board of Mediation & Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989). Judicial review of arbitration awards is, therefore, limited in scope by § 52-418 and our courts “will not disturb an arbitration award unless it clearly falls within the proscriptions of [that statute].” (Internal quotation marks omitted.) State v. AFSCME, 13 Conn. App. 461, 463, 537 A.2d 517 (1988); see also State v. Connecticut Employees Union Independent, Inc., 33 Conn. App. 737, 740, 638 A.2d 619 (1994).

In addition, “[t]he party challenging the award bears the burden of producing evidence sufficient to invalidate or avoid it, and only upon a showing that it falls within the proscriptions of § 52-418 of the General Statutes . . . will the determination of an arbitrator be subject to judicial inquiry.” (Internal quotation marks omitted.) O & G/O’Connell Joint Venture v. Chase Family Ltd. Partnership No. 3, supra, 203 Conn. 145-46; see also Norwich Roman Catholic Diocesan Corp. v. Southern New England Contracting Co., 164 Conn. 472, 476, 325 A.2d 274 (1973). “[A] court will make every reasonable presumption in favor of the arbitration award and the arbitrator’s acts and proceed[6]*6ings.” O & G/O’Connell Joint Venture v. Chase Family Ltd. Partnership No. 3, supra, 145; see also Diamond Fertiliser & Chemical Corp. v. Commodities Trading International Corp., 211 Conn. 541, 547, 560 A.2d 419 (1989);

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Bluebook (online)
654 A.2d 384, 37 Conn. App. 1, 149 L.R.R.M. (BNA) 2954, 1995 Conn. App. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-district-commission-v-american-federation-of-state-connappct-1995.