Paranko v. State

509 A.2d 508, 200 Conn. 51, 1986 Conn. LEXIS 838
CourtSupreme Court of Connecticut
DecidedMay 27, 1986
Docket12631
StatusPublished
Cited by21 cases

This text of 509 A.2d 508 (Paranko v. State) 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
Paranko v. State, 509 A.2d 508, 200 Conn. 51, 1986 Conn. LEXIS 838 (Colo. 1986).

Opinion

Santaniello, J.

The principal issue raised on this appeal is whether, under the specific terms of a collective bargaining agreement between the state and an employee union, General Statutes § 52-4101 grants an [53]*53individual union member standing to bring an action to compel the state to submit to arbitration. The plaintiff, Michael J. Paranko, an employee of the state and member of the Protective Services Employees Coalition IUPA/IAFF, AFL-CIO (union), brought an action in the Superior Court against the state to compel arbitration of a grievance. The complaint alleged that he had been unfairly demoted and that the union had refused to submit his grievance to arbitration. Relying on the terms of a collective bargaining agreement between the state and the union, he requested that the grievance be submitted to arbitration to determine the issue of arbitrability. The agreement provided in part that “individual employees may submit to arbitration [an unresolved grievance] in cases of dismissal, demotion or suspension of not less than five working days.” The state filed a motion to dismiss arguing that the plaintiff was not a “party” to the agreement and that he could not therefore compel the state to arbitrate his grievance under General Statutes § 52-410. The trial court denied the state’s motion, however, and ordered that a separate arbitrator be appointed to determine the issue of arbitrability. The state appeals assigning as error the court’s denial of the motion to dismiss and the court’s order compelling arbitration. We find no error.

The state’s first claim is that the plaintiff is not a “party” to the collective bargaining agreement and, as a result, has no standing under General Statutes § 52-410 to compel arbitration. Section 52-410 (a) provides that: “A party to a written agreement for arbitration claiming the neglect or refusal of another to proceed with an arbitration thereunder may make application to the superior court ... for an order directing the parties to proceed with the arbitration in compliance with their agreement.” (Emphasis added.) The issue before us then is a narrow one, namely, [54]*54whether the plaintiff was a “party” to the agreement within the meaning of the statute.2

General Statutes § 52-410 was enacted in 1929 as part of legislation designed to make arbitration a workable alternative to judicial settlement of disputes. See General Statutes (1930 Rev.) §§ 5840 through 5856; see generally note, “Judicial Interpretations and Applications of the Connecticut Arbitration Statutes,” 7 Conn. L. Rev. 147, 148 (1974). Before these statutes were enacted, arbitration agreements were essentially unenforceable and a party could not petition the Superior Court to compel arbitration. See First Ecclesiastical Society v. Besse, 98 Conn. 616, 620-21, 119 A. 903 (1923); Yale & Towne Mfg. Co. v. International Assn. of Machinists, 15 Conn. Sup. 118, 120 (1947). The clear purpose of § 52-410 is to provide the “parties” to an arbitration agreement with an enforcement mechanism by permitting them to invoke the court’s equitable powers. The statute limits the availability of the remedy to “parties,” but the word is not defined. The term is used generically, referring to anyone who has contracted with another to arbitrate their disputes. The meaning must therefore be derived from the agreement itself. McCaffrey v. United Aircraft Corporation, 147 Conn. 139, 141-42,157 A.2d 920, cert. denied, 363 U.S. 854, 80 S. Ct. 1636, 4 L. Ed. 2d 1736 (1960).

The state claims that under the collective bargaining agreement the only “parties” are itself and the union. In support of its argument, it relies on the wording of the agreement’s preface and on the fact that the [55]*55contract was negotiated by the union and not by the individual employees. The state, however, ignores the important role of the individual employees in labor negotiations and oversimplifies the nature of the collective bargaining process. Employees may not take part individually in negotiating the collective bargaining agreement, the actual negotiations being conducted by their agent, the union. Vaca v. Sipes, 386 U.S. 171, 191-93, 87 S. Ct. 903, 17 L. Ed. 2d 842 (1967). The employees’ interests are, however, represented by the agreement signed by the union on their behalf, and the agreement will often grant them the right individually to enforce certain provisions of the contract. They are in abroad sense, therefore, “parties” to the agreement. Some courts have likened the employees to third party beneficiaries. See J. I. Case Co. v. N.L.R.B., 321 U.S. 332, 336, 64 S. Ct. 576, 88 L. Ed. 762 (1944); Hudack v. Hornell Industries, 304 N.Y. 207, 214, 106 N.E.2d 609 (1952). In our judgment, however, “it is a mistake to attempt to force agreements between labor unions and employers into more familiar legal pigeonholes such as usage, third party beneficiary contracts, or contracts negotiated by the union as agent for the employees as principals. The law has always had trouble with tripartite relationships; and in the labor field there are additional complications. The parties affected by a collective bargaining agreement are employer, union, and many individual employees. . . . [T]he labor union ... is in a very real sense only ... the individual employees . . . acting as an organized group through its agents and through constitutional processes. . . . Since experience offers no factual parallel to these arrangements, no other legal conception is quite analogous.” Cox, “Rights Under a Labor Agreement,” 69 Harv. L. Rev. 601, 604 (1956).

We conclude then that individual employees may be “parties” to a collective bargaining agreement for the [56]*56purposes of General Statutes § 52-410 if the collective bargaining agreement so provides. An employee has input in the contract negotiations through the union, has a clear interest in seeing the contract enforced and would have standing to compel arbitration under the statute if accorded that right in the agreement. Thus, if the collective bargaining agreement contains no provision giving employees the right to submit disputes to arbitration, then an employee could not seek relief under the statute. McCaffrey v. United Aircraft Corporation, supra, 142 (no standing where the contract did not contain a provision permitting employees to request arbitration); Arsenault v. General Electric Co., 147 Conn. 130, 133-34, 157 A.2d 918, cert. denied, 364 U.S. 815, 81 S. Ct. 42, 5 L. Ed. 2d 46 (1960) (same); Housing Authority v. Local 1161, 1 Conn. App. 154, 156-57, 468 A.2d 1251, cert. denied, 192 Conn. 802, 471 A.2d 244 (1984) (same); see also Vaca v. Sipes, supra, 191; Black-Clawson Co. v. International Assn. of Machinists, 313 F.2d 179, 184 (2d Cir. 1962); Norton v.

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Bluebook (online)
509 A.2d 508, 200 Conn. 51, 1986 Conn. LEXIS 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paranko-v-state-conn-1986.