State v. Council 4

608 A.2d 718, 27 Conn. App. 635, 1992 Conn. App. LEXIS 215
CourtConnecticut Appellate Court
DecidedMay 26, 1992
Docket10582
StatusPublished
Cited by37 cases

This text of 608 A.2d 718 (State v. Council 4) 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
State v. Council 4, 608 A.2d 718, 27 Conn. App. 635, 1992 Conn. App. LEXIS 215 (Colo. Ct. App. 1992).

Opinion

Heiman, J.

The defendant, Council 4 of the American Federation of State, County and Municipal Employees, appeals from the trial court’s judgment vacating an arbitration award in favor of Phillip Beaudry, one of its members. The defendant claims that the trial court improperly (1) vacated the award on public policy grounds, (2) reviewed the merits of the issues submitted to arbitration when the issue of arbitrability was not raised by the plaintiff, (3) vacated the award even though it conformed to the submission, and (4) vacated the award on the ground of the indefiniteness of the remedy even though the submission did not restrict the arbitrator’s choice of remedy. We affirm the trial court’s judgment.

The pertinent facts may be summarized as follows. The plaintiff state of Connecticut and the defendant union entered into a collective bargaining agreement that was effective from July 1, 1988, to June 30, 1991. Beaudry, who was employed by the department of income maintenance as an eligibility technician, was a member of the defendant bargaining unit.

Beaudry’s employment was characterized by a series of lengthy absences caused by a psychiatric disorder. On November 27, 1989, he returned to work part-time after a nearly three month leave. Shortly thereafter, while training to operate the department’s computer system, Beaudry secretly created a false case file naming himself as the recipient of welfare benefits. From December 12, 1989, until some time in February, 1990, Beaudry cashed approximately $1640 in public assistance checks he received as a result of the false case file. On March 9, 1990, Beaudry gave the Connecticut state police a written statement admitting that he had received and cashed the checks.1

[637]*637The plaintiff discharged Beaudry effective March 28, 1990, for misuse of state funds, a legitimate ground for dismissal under state personnel regulations. See Regs., Conn. State Agencies § 5-240-5a. On April 26, 1990, the defendant filed a grievance under the parties’ collective bargaining agreement. After a hearing on June 21, 1990, a hearing officer found that the plaintiff discharged Beaudry for misuse of state funds, which constituted “just cause” under the collective bargaining agreement.* 2 The defendant next demanded arbitration in accordance with the collective bargaining agreement. The parties submitted the following questions for the arbitrator’s consideration: “Was the Grievant, Phillip Beaudry, dismissed for just cause? If not, what shall the remedy be?”

At the arbitration hearing, the defendant did not dispute that Beaudry wrongfully acquired state moneys. The defendant contended that Beaudry was not discharged for just cause because his acts were not volitional, but rather were caused by an incapacitating mental disorder that the plaintiff knew about when it fired him. The defendant argued that because Beaudry was a disabled employee, his discharge violated General Statutes § 5-244.3 It argued further [638]*638that Beaudry’s discharge violated General Statutes § 46a-60 (a) (l).4

The arbitrator found that although Beaudry’s actions constituted “just cause for discharge, absent clear evidence of mitigatory factors of great weight,” the circumstances of this case did not amount to just cause because Beaudry’s “acts of misconduct flowed out of, or were caused by, his mental illness, albeit episodic in nature” and “were not willful or volitional or within his capacity to control.” On the basis of these findings, the arbitrator awarded Beaudry reinstatement, back pay, seniority and benefits and reimbursement for those medical bills paid by Beaudry that would have been paid by the plaintiff had Beaudry not been discharged. The arbitrator allowed the plaintiff to deduct, however, an amount equal to any earnings, welfare payments and unemployment payments received by Beaudry as well as an amount reflecting the working days Beaudry spent in the hospital between March 28, 1990, and the date of his reinstatement. It further allowed the plaintiff to deduct, as a disciplinary suspension, a sum equal to sixty days pay. The arbitrator awarded Beaudry interest on the aforementioned award equal to “eleven (11%) percent per annum... until March 31, 1991; and ten (10%) percent per annum, both as prescribed by the National Labor Relations Board when directing reinstatement of wrongfully discharged employees.” Finally, the arbitrator ordered the matter remanded to the parties to structure a job for Beaudry that would ensure that his “capabilities and experience are utilized as fully as possible and that he receives proper com[639]*639pensation, while at the same time assuring, to the maximum degree possible, that his assignment and duties will not put him in a position to harm clients, [the department], fellow employees, himself or the state.”

The plaintiff filed an application to vacate the arbitration award in the Superior Court. See General Statutes § 52-418. The trial court found that (1) Beaudry was discharged for just cause, (2) the arbitration award violated Connecticut’s public policy of not rewarding theft from the state, (3) the award was too indefinite with respect to the plaintiff’s obligation to structure a new position for Beaudry, and (4) the award of 11 percent interest violated General Statutes § 37-3a. Accordingly, the trial court rendered judgment vacating the arbitration award.

I

The defendant claims that the trial court improperly vacated the arbitration award on public policy grounds because the trial court was empowered to review only whether the award conformed to the parties’ submission. We disagree.

General Statutes § 52-418 (a) provides in pertinent part: “Upon the application of any party to an arbitration, the superior court . . . shall make an order vacating the award if it finds any of the following defects . . . (4) if the arbitrators have exceeded their powers . . . .” The trial court’s analysis under this provision ordinarily is limited to whether the arbitration award conformed to the submission. East Haven v. AFSCME, Council 15, Local 1662, 212 Conn. 368, 371, 561 A.2d 1388 (1989); Malecki v. Burnham, 181 Conn. 211, 213, 435 A.2d 13 (1980); Gennarini Construction Co. v. Messina Painting & Decorating Co., 5 Conn. App. 61, 65, 496 A.2d 539 (1985). Where the award is challenged as repugnant to the public policy of this state, however, the statute allows our courts to [640]*640vacate the award even if it conforms to the submission. Watertown Police Union Local 541 v. Watertown, 210 Conn. 333, 339, 555 A.2d 406 (1989); State v. Connecticut Council 4, CEU, AFSCME, 7 Conn. App. 286, 290, 508 A.2d 80 (1986); see also New Haven v. AFSCME, Council 15, Local 530, 208 Conn. 411, 416, 544 A.2d 186 (1988); Stratford v. Local 134, IFPTE, 201 Conn. 577, 590-91,

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887 A.2d 394 (Connecticut Appellate Court, 2005)
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874 A.2d 839 (Connecticut Appellate Court, 2005)
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2001 Conn. Super. Ct. 17254 (Connecticut Superior Court, 2001)
Pratt v. Hong, No. Cv 00-0801515 (Aug. 16, 2001)
2001 Conn. Super. Ct. 12190 (Connecticut Superior Court, 2001)
Town of Groton v. United Steelworkers of America
757 A.2d 501 (Supreme Court of Connecticut, 2000)
State v. Afscme, Council 4, Local 2663, No. Cv-97-0573418 (Jan. 29, 1999)
1999 Conn. Super. Ct. 971 (Connecticut Superior Court, 1999)
Schoonmaker v. Cummings and Lockwood, No. Cv98 0166247 (Dec. 28, 1998)
1998 Conn. Super. Ct. 15619 (Connecticut Superior Court, 1998)
Schoonmaker v. Cummings and Lockwood, No. Cv98-0166247 (Dec. 22, 1998)
1998 Conn. Super. Ct. 2033 (Connecticut Superior Court, 1998)
State v. Afscme, Council 4, Local 2663, No. Cv-97-0573418 (Dec. 18, 1998)
1998 Conn. Super. Ct. 15532 (Connecticut Superior Court, 1998)
State v. Afscme, No. Cv97-0573418 (Dec. 18, 1998)
1998 Conn. Super. Ct. 2047 (Connecticut Superior Court, 1998)

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Bluebook (online)
608 A.2d 718, 27 Conn. App. 635, 1992 Conn. App. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-council-4-connappct-1992.