Metropolitan District Commission v. American Federation of State, County & Municipal Employees, Council 4, Local 184

676 A.2d 825, 237 Conn. 114, 1996 Conn. LEXIS 146, 152 L.R.R.M. (BNA) 2765
CourtSupreme Court of Connecticut
DecidedMay 21, 1996
Docket15252
StatusPublished
Cited by54 cases

This text of 676 A.2d 825 (Metropolitan District Commission v. American Federation of State, County & Municipal Employees, Council 4, Local 184) 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
Metropolitan District Commission v. American Federation of State, County & Municipal Employees, Council 4, Local 184, 676 A.2d 825, 237 Conn. 114, 1996 Conn. LEXIS 146, 152 L.R.R.M. (BNA) 2765 (Colo. 1996).

Opinion

NORCOTT, J.

The principal issue in this appeal is whether an arbitration panel’s failure to comply with a regulation directing the panel to meet in executive session prior to issuing its unanimous arbitration award is an adequate ground pursuant to General Statutes § 52-4181 for a trial court to vacate the award. We conclude that, in the absence of a showing of prejudice, such a failure is not a proper ground for which to vacate the award.

The plaintiff, the metropolitan district commission, appeals, upon our grant of certification,2 from the judgment of the Appellate Court, which reversed the decision of the trial court vacating an arbitration award pursuant to § 52-418. Metropolitan District Commission v. AFSCME, Council 4, Local 184, 37 Conn. App. [116]*1161, 654 A.2d 384 (1995). The plaintiff claims that the arbitrators’ failure to comply with § 31-91-45 (a) of the Regulations of Connecticut State Agencies,3 namely, its failure to hold an executive session, was arbitral misconduct and, therefore, required that the arbitrators’ award be vacated. We affirm the judgment of the Appellate Court.

The facts relevant to this appeal are not in dispute. In January, 1985, the defendant, American Federation of State, County and Municipal Employees, Council 4, Local 184, filed a grievance on behalf of eleven employees of the plaintiff, requesting that the position of specialist on the night emergency crew be reclassified from labor grade five to labor grade seven. The defendant asserted that since its last classification, the specialist position had been assigned numerous additional duties, requiring additional skill and training and subjecting a person holding this position to increased risk of injury.

Pursuant to the collective bargaining agreement, the defendant submitted its request for reclassification to the plaintiffs personnel department. The plaintiff denied the defendant’s request and the defendant demanded arbitration according to the terms of the collective bargaining agreement. A hearing was held before a three person arbitration panel, which consisted [117]*117of a labor representative, a management representative and a neutral member. The panel framed the issue to be decided as follows: “Has the Metropolitan District Commission properly classified the Specialist LG-5 (Shift Coverage) position? If not, what shall be the remedy?”

On July 19, 1990, the panel issued a unanimous decision in favor of the defendant. The panel concluded that the additional duties required to be performed by those employed as labor grade five specialists were significant enough to require a reclassification and directed the plaintiff to reclassify the position to labor grade seven.

The plaintiff petitioned the Superior Court to vacate the award, claiming that its rights had been prejudiced by the arbitration panel’s failure to hold an executive session pursuant to § 31-91-45 (a); see footnote 3; and, therefore, that the award should be vacated pursuant to § 52-418. No evidence of the nature of the claimed prejudice was presented to the trial court. The defendant moved for confirmation of the arbitration award pursuant to General Statutes § 52-417. The parties stipulated 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.” After a hearing on the cross applications, the trial court determined that the arbitration panel, by failing to hold an executive session, had acted in violation of § 31-91-45 (a) and, therefore, vacated the award.

The defendant appealed to the Appellate Court, which concluded that there had been insufficient evidence before the trial court to support a finding that the plaintiff had been prejudiced by the arbitration panel’s failure to hold an executive session pursuant to § 31-91-45 (a) and, therefore, determined that the trial court [118]*118improperly had vacated the arbitration award pursuant to § 52-418. Metropolitan District Commission v. AFSCME, Council 4, Local 184, supra, 37 Conn. App. 6-7. This certified appeal followed. See footnote 2. We agree with the Appellate Court.

As the Appellate Court correctly noted, 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.” (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). “Courts favor arbitration as a means of settling differences .... [I]ts autonomy requires a minimum of judicial intrusion.” (Citation omitted; internal quotation marks omitted.) AFSCME, AFL-CIO, Council 15 v. New Britain, 206 Conn. 465, 469, 538 A.2d 1022 (1988). Judicial review of consensual arbitral awards, therefore, is of limited scope. See Bodner v. United Services Automobile Assn., 222 Conn. 480, 501, 610 A.2d 1212 (1992) (authority to arbitrate generally carries with it power to decide, with finality, all issues of fact or law in proceedings); Hartford v. State Board of Mediation & Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989) (“ ‘when arbitration is consensual, rather than statutorily imposed, judicial review is limited in scope’ ”); Bruno v. Dept. of Consumer Protection, 190 Conn. 14, 18, 458 A.2d 685 (1983) (review limited because arbitration is creature of contract).

The scope of judicial review in an arbitration action is expressly limited by the terms of § 52-418. See footnote 1. In the absence of a showing of a violation of the statute, the courts should not interfere in the arbitral decision. Diamond Fertiliser & Chemical Corp. v. Commodities Trading International Corp., 211 Conn. 541, 546-47, 560 A.2d 419 (1989); O & G/O’Connell Joint Venturer. Chase Family Ltd. Partnership No. 3, supra, [119]*119203 Conn. 145. In addition, “[e]very reasonable presumption and intendment will be made in favor of the [arbitral] award and of the arbitrators’ acts and proceedings.” (Internal quotation marks omitted.) AFSCME, AFL-CIO, Council 15 v. New Britain, supra, 206 Conn. 472. Thus, as the party challenging the award, the plaintiff bears the burden of producing evidence sufficient to demonstrate a violation of § 52-418. O & G/O’Connell Joint Venture v. Chase Family Ltd. Partnership No. 3, supra, 145-46.

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

Related

LaFrance v. Lodmell
144 A.3d 373 (Supreme Court of Connecticut, 2016)
MSO, LLC v. DeSimone
Supreme Court of Connecticut, 2014
Burr Road Operating Co. v. New England Health Care Employees Union
70 A.3d 42 (Connecticut Appellate Court, 2013)
Marulli v. Wood Frame Construction Co., LLC
5 A.3d 957 (Connecticut Appellate Court, 2010)
C. R. Klewin Northeast, LLC v. City of Bridgeport
919 A.2d 1002 (Supreme Court of Connecticut, 2007)
Town of Enfield v. AFSCME, Council 4, Local 1029
918 A.2d 934 (Connecticut Appellate Court, 2007)
State v. New England Health Care Employees Union
855 A.2d 964 (Supreme Court of Connecticut, 2004)
City of Ansonia v. Stanley
854 A.2d 101 (Connecticut Superior Court, 2004)
International Brother. v. New Milford, No. Cv 01 0084682s (Dec. 11, 2002)
2002 Conn. Super. Ct. 15877 (Connecticut Superior Court, 2002)
Rocky Hill Teachers' Ass'n v. Board of Education
804 A.2d 999 (Connecticut Appellate Court, 2002)
Santiago v. State
804 A.2d 801 (Supreme Court of Connecticut, 2002)
Town of Columbia v. J.S. Nasin Company, No. Cv-01-0074739-S (Mar. 26, 2002)
2002 Conn. Super. Ct. 3758 (Connecticut Superior Court, 2002)
Local 1042 v. Board of Education of Norwalk
784 A.2d 1018 (Connecticut Appellate Court, 2001)
Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Insurance
779 A.2d 737 (Supreme Court of Connecticut, 2001)
State v. AFSCME, AFL-CIO, Council 4, Local 2663
777 A.2d 169 (Supreme Court of Connecticut, 2001)
Local 353, AFSCME, Council 4 v. City of Waterbury
815 A.2d 725 (Connecticut Superior Court, 2001)
National Assn., Gov. Emp. v. Waterford B. of E., No. 551699 (Jan. 12, 2001)
2001 Conn. Super. Ct. 725 (Connecticut Superior Court, 2001)
National Assn., Gov. Emp. v. Waterford B. of E., No. 550577 (Jan. 12, 2001)
2001 Conn. Super. Ct. 714 (Connecticut Superior Court, 2001)
Preston v. State
761 A.2d 778 (Connecticut Appellate Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
676 A.2d 825, 237 Conn. 114, 1996 Conn. LEXIS 146, 152 L.R.R.M. (BNA) 2765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-district-commission-v-american-federation-of-state-county-conn-1996.