Town of East Hartford v. East Hartford Municipal Employees Union, Inc.

525 A.2d 112, 10 Conn. App. 611, 1987 Conn. App. LEXIS 922
CourtConnecticut Appellate Court
DecidedMay 5, 1987
Docket4657; 4760
StatusPublished
Cited by8 cases

This text of 525 A.2d 112 (Town of East Hartford v. East Hartford Municipal Employees Union, Inc.) 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
Town of East Hartford v. East Hartford Municipal Employees Union, Inc., 525 A.2d 112, 10 Conn. App. 611, 1987 Conn. App. LEXIS 922 (Colo. Ct. App. 1987).

Opinion

Daly, J.

This is a combined appeal by the defendants, an employee and two unions, from the judgments of the trial court, which vacated an arbitration award rendered in favor of Diane Sherriffs Fontanella (employee), a mémber of the East Hartford Municipal Employees Union, Inc. (union) and of the Civil Service Employees Affiliates, Inc. (CSEA). The defendants claim in two separate but identical appeals that the trial court exceeded its scope of review by substituting its factual findings for those of the state board of mediation and arbitration and holding that the employee’s grievance was untimely filed. We find no error.

The plaintiff filed a cross appeal in each case setting forth four alternative grounds to sustain the trial court’s decision. While these cross appeals are not properly before this court,1 we have not dismissed them, since our conclusions in the defendants’ appeals make it unnecessary to consider the cross appeals.

Prior to addressing the merits of the defendants’ appeals, we note that neither the employee nor the CSEA is a proper party to these appeals. Article 13.0, step 5, of the working agreement between the plaintiff and the union provides “the Union may submit the dispute ... to arbitration by the Connecticut State Board of Mediation and Arbitration . . . . ” The agreement does not specifically authorize an employee to seek arbitration. We have clearly stated that “[ujnless a collective bargaining agreement provides for a personal right to seek arbitration ... an employee subject to the agreement is not a ‘party to the arbitration’ under General Statutes § 52-4172 and [613]*613thus has no standing to apply to confirm an award. . . . Such an employee ‘could not be said to be a “party to the arbitration” under § 52-418’3 and thus has no standing to apply to vacate an award. . . . If an employee lacks standing to apply either to confirm or to vacate an award, it follows that she lacks standing to appeal from a judgment vacating an award.” (Citations omitted; footnotes added.) Housing Authority v. Local 1161, 1 Conn. App. 154, 156, 468 A.2d 1251, cert. denied, 192 Conn. 802, 471 A.2d 244 (1984); see also Paranko v. State, 200 Conn. 51, 509 A.2d 508 (1986).

An examination of the agreement in this case reveals that only the union may submit the dispute to arbitration and provides no similar personal right for the employee. Hence, the employee is not a proper party to these proceedings. Furthermore, while the CSEA has enjoyed a working relationship with the plaintiff for many years as agent for the union,4 it is not a party to the agreement between the union and the plaintiff and therefore lacks standing to participate in these appeals. Housing Authority v. Local 1161, supra. Thus, the appeal by CSEA and Fontanella (4760) is dismissed and the appeal by East Hartford Municipal Employees Union and Fontanella (4657) is dismissed as to Fontanella only.

[614]*614The factual background is not in dispute. The town of East Hartford and the union entered into a working agreement covering the period of July 1, 1980, to June 30, 1982, in which the union was recognized as the bargaining agent for certain town employees. For approximately two and one-half years prior to August, 1981, the employee was employed by the town as an information technician for the police department.

In August, 1981, the employee took a promotional examination for a job as a caseworker in the social services department. As a result, she was offered and accepted the position. According to § 34.1 (a) and (b) of the town’s personnel rules and merit system, employees must serve a three month period of probation when granted promotional appointments. An extension of up to two months of that period may be granted by the personnel director upon request by the particular department head. In late October, 1981, the director of social services sought a two month extension of the probationary period citing a need for additional supervisory and observation time. The employee objected in writing to both the director of social services and the town personnel director. The personnel director extended the probationary period for one month commencing November 10,1981. By letter dated November 19, 1981, the employee was informed that her employment as a caseworker was terminated due to unsatisfactory work. A second letter informed her of the availability of her prior position. The employee, however, had previously indicated that she did not wish to return to that position. By letter dated November 23, 1981, the deputy chief of the police department informed the employee that failure to resume her former position with the police department would result in complete severance from employment by the town.

On December 21,1981, the employee filed a written complaint with the personnel director. Since she was [615]*615a probationary employee, the plaintiff refused to hold a grievance hearing under the contract. A formal grievance was filed by the union on March 26, 1982. The matter was submitted to the state board of mediation and arbitration which concluded, in June, 1984, that the matter was arbitrable. On March 28, 1985, the board found for the employee holding that she had been discharged without just cause and was entitled to be reinstated as a caseworker with the commensurate benefits.

On appeal, the trial court vacated the award, finding that the termination was final on November 23, 1981, and finding that no grievance had been filed until March 26,1982, well beyond the thirty day time limit set forth in article 13.35 of the working agreement. These appeals ensued.

Arbitration is peculiarly a creature of contract, and the parties, by drafting and agreeing to the submitted contract, vest certain authority in the arbitrators. See generally Local 63, Textile Workers Union v. Cheney Bros., 141 Conn. 606, 613, 109 A.2d 240 (1954), cert. denied, 348 U.S. 959, 75 S. Ct. 449, 99 L. Ed. 748 (1955). Since the parties themselves grant power to and draw limits for the arbitrators, they are strictly bound by the limits they have set. Norwich R. C. Diocesan Corporation v. Southern New England Contracting Co., 164 Conn. 472, 476, 325 A.2d 274 (1973); Wolf v. Gould, 10 Conn. App. 292, 297, 522 A.2d 1240 (1987).

Judicial review of an arbitration award is stringently limited by statute and confined to examining the parameters of the contractual agreement between the parties. If the agreement specifies that the issue of arbitrability is within the purview of the arbitrator, the [616]*616court is bound by the arbitrator’s decision on that issue unless the decision falls within the exceptions of General Statutes § 52-4186 or procedurally violates the agreement between the parties. Waterbury Board of Educations v. Waterbury Teachers Assn., 168 Conn. 54, 62-63, 357 A.2d 466 (1975); Costello Construction Corporation v.

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Bluebook (online)
525 A.2d 112, 10 Conn. App. 611, 1987 Conn. App. LEXIS 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-east-hartford-v-east-hartford-municipal-employees-union-inc-connappct-1987.