Police Department v. State Board of Labor Relations

622 A.2d 1005, 225 Conn. 297, 1993 Conn. LEXIS 95, 144 L.R.R.M. (BNA) 2293
CourtSupreme Court of Connecticut
DecidedApril 6, 1993
Docket14569
StatusPublished
Cited by29 cases

This text of 622 A.2d 1005 (Police Department v. State Board of Labor Relations) 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
Police Department v. State Board of Labor Relations, 622 A.2d 1005, 225 Conn. 297, 1993 Conn. LEXIS 95, 144 L.R.R.M. (BNA) 2293 (Colo. 1993).

Opinion

Berdon, J.

The sole issue on appeal is whether a part-time municipal employee qualified, for purposes of collective bargaining rights, as an employee under General Statutes § 7-467 (2) and (3) of the Municipal Employee Relations Act (MERA).1 The employee in question was employed throughout 1986 and for seven months in 1987, but did not work 120 or more days during each calendar year and did not always work more than twenty hours per week.

The following facts are undisputed. On November 24, 1987, the defendant Michael S. Bracken, Jr., who was employed by the plaintiff, the police department of the town of Windsor Locks (police department), as a supernumerary police officer, filed a complaint with the defendant state board of labor relations (board); alleging that the police department had engaged in practices prohibited by MERA when it terminated his employment because of his participation in union activities and refused to consider him for either of two full-time positions.

During a hearing before the board, the police department argued that the board lacked jurisdiction over the case because Bracken was a seasonal employee rather than an employee covered by MERA. The board determined that Bracken had worked “regularly, on a year-round basis for periods of time frequently in excess of [twenty] hours per week,” and therefore concluded that he was an employee as defined by § 7-467 (2) and (3).2

[299]*299The police department appealed the board’s decision to the Superior Court pursuant to General Statutes § 4-183.3 Finding that Bracken had worked only 105 days in 1986 and ninety-two days in 1987, and that he had often worked fewer than twenty hours per week,4 the trial court concluded that Bracken did not meet the definition of employee in § 7-467 (2) and (3) because he was “a part-time employee who worked less than twenty hours per week on a seasonal basis.” Accordingly, the trial court reversed the board’s decision and ordered that Bracken’s complaint be dismissed for lack of MERA jurisdiction.5

Although it miscalculated the number of weeks in which Bracken worked twenty or more hours, the board maintains on appeal that its factual error does not undermine its original decision because the central issue in this case is whether Bracken worked for a period of more than 120 days per calendar year and therefore was not a seasonal employee. All of the parties now [300]*300agree with the trial court’s calculation that Bracken worked 105 days in 1986 and ninety-two calendar days in 1987.

Our review of an agency’s decision on questions of law is limited by the traditional deference that we have accorded to that agency’s interpretation of the acts it is charged with enforcing. Board of Education v. State Board of Labor Relations, 217 Conn. 110, 119-20, 584 A.2d 1172 (1991); Lieberman v. State Board of Labor Relations, 216 Conn. 253, 263, 579 A.2d 505 (1990); Griffin Hospital v. Commission on Hospitals & Health Care, 200 Conn. 489, 496, 512 A.2d 199, appeal dismissed, 479 U.S. 1023, 107 S. Ct. 781, 93 L. Ed. 2d 819 (1986). In this case, General Statutes § 7-471 (2), which defines the powers of the state board of labor relations, authorizes the board to “determine whether a position is covered by sections 7-467 to 7-477, inclusive, in the event of a dispute between the municipal employer and an employee organization.” Our duty is “to decide whether, in light of the evidence, the [agency charged with enforcement] has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion.” Griffin Hospital v. Commission on Hospitals & Health Care, supra.

On appeal, the police department argues that the trial court properly held that Bracken was excluded from the definition of “employee” under MERA because (1) Bracken had worked fewer than 120 days per calendar year in both 1986 and 1987 and was therefore a seasonal employee; and (2) Bracken had often worked fewer than twenty hours per week in 1986 and 1987. We conclude that Bracken was improperly excluded from MERA’s coverage because he was not a seasonal employee, having worked on a continuous basis throughout the calendar year in 1986 and during seven months in 1987.

[301]*301We begin our analysis by turning to the language of § 7-467 (2) and (3). Section 7-467 (2) provides in relevant part: “ ‘Employee’ means any employee of a municipal employer . . . except . . . part-time employees who work less than twenty hours per week on a seasonal basis . . . .” Under § 7-467 (3), “ ‘[s]easonal basis’ means working for a period of not more than one hundred twenty calendar days in any calendar year.” Incorporating the definition of seasonal basis, § 7-467 (2) provides that only those part-time employees who work fewer than twenty hours per week for a period of fewer than 120 days per calendar year are excluded from MERA.

The plain language of the statute compels the following analysis for determining whether an individual meets MERA’s statutory definition of employee.6 First, we determine whether the individual is employed on a seasonal basis. If we determine that an individual is not a seasonal employee, then the individual is covered by MERA. Coverage is required because MERA excludes only those employees who work less than twenty hours per week for a period of fewer than 120 days per calendar year. Accordingly, one who is employed for a period of more than 120 days per calendar year is covered by MERA regardless of the number of hours worked per week. Only if the employee is seasonal do we need to go further in our analysis by asking whether the employee works fewer than twenty hours per week. Under the second part of our analy[302]*302sis, a seasonal employee who works fewer than twenty hours per week is not covered by MERA. A seasonal employee who works twenty or more hours per week is, however, covered by MERA.

The police department argues that Bracken is a seasonal employee because the 120 day requirement in the definition of seasonal basis is calculated by counting the actual days worked by the employee. The board asserts that the 120 day requirement refers to the interval of time that the individual was employed—that is, the number of days between the initial date of employment and the final date of employment. We agree with the board.

The legislature defined seasonal basis as “working for a period of not more than one hundred twenty calendar days in any calendar year.” (Emphasis added.) General Statutes § 7-467 (3). The word “period” is defined as “a portion of time determined by some recurring phenomenon.” Webster’s Third New International Dictionary. This suggests that the number of days must be calculated in a group or block of days—a period of time. See Krajniak v. Wilson, 157 Conn. 126, 130-31, 249 A.2d 249 (1968).

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Bluebook (online)
622 A.2d 1005, 225 Conn. 297, 1993 Conn. LEXIS 95, 144 L.R.R.M. (BNA) 2293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/police-department-v-state-board-of-labor-relations-conn-1993.