Town of South Windsor v. South Windsor Police Union, Local 1480

677 A.2d 464, 41 Conn. App. 649, 156 L.R.R.M. (BNA) 3143, 1996 Conn. App. LEXIS 281
CourtConnecticut Appellate Court
DecidedJune 11, 1996
Docket14347
StatusPublished
Cited by24 cases

This text of 677 A.2d 464 (Town of South Windsor v. South Windsor Police Union, Local 1480) 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 South Windsor v. South Windsor Police Union, Local 1480, 677 A.2d 464, 41 Conn. App. 649, 156 L.R.R.M. (BNA) 3143, 1996 Conn. App. LEXIS 281 (Colo. Ct. App. 1996).

Opinion

SPEAR, J.

The defendant, the South Windsor Police Union, Local 1480, Council 15, AFSCME, AFL-CIO (union), appeals from the judgment of the trial court vacating an arbitration award that had ordered the reinstatement of one of its members (grievant) to the South Windsor police department. The union claims that the trial court improperly ruled that the award (1) was untimely, (2) violated public policy, and (3) violated a provision of the collective bargaining agreement (agreement) that precludes reinstatement where the grievant was exonerated on some, but not all, of the charges. We affirm the judgment of the trial court.

We glean the following facts from the arbitration award. The grievant, a nine year veteran of the South Windsor police department, was charged by the plaintiff, the town of South Windsor (town), with violating the following regulations of the police department duty manual: § 2.3.8, improper use of intoxicants; §§ 2.3.36 and 2.2.7, improper dissemination of police information, particularly with respect to an informant; § 2.2.6, misuse of his position; § 2.3.10, improper association with a felon; § 2.3.2, conduct unbecoming an officer; and § 2.3.3, neglect of duty. The charges arose primarily out of the grievant’s conduct at town bars where there was known illicit drug activity.

A principal charge against the grievant was that on three separate occasions in July and August, 1990, he improperly disseminated information about a person known as R. On those occasions, the grievant told a woman, whom he believed to be a buyer of illicit drugs, that R. was an informant for the Tri-Town Narcotics Task Force (task force) and that she should not get [651]*651involved with him. Prior to the time that he made the statements, the grievant had dated a woman who claimed that she was R.’s fiancee. R. had told several people that he would have the grievant’s job and the grievant made the statements hoping to “bum”1 R.

Unbeknownst to the grievant, the woman to whom he gave the information was an undercover police officer for the task force. She frequented the bars seeking to befriend drug dealers, make buys and set up those dealers for arrest by the task force. The task force operations were successful because of the effectiveness of the undercover officer.

After conducting hearings on the charges, the town terminated the grievant’s employment. Pursuant to the agreement, the union demanded arbitration before the state board of mediation and arbitration (board), and a panel of three arbitrators was selected to hear the matter. After hearing the case, the board found that the grievant had violated §§ 2.2.7 and 2.3.36 (divulging information regarding R.), 2.3.2 (conduct unbecoming an officer) and 2.3.10 (improper association with a felon).2 As a remedy, the board ordered the grievant reinstated after serving a 150 day suspension, with back pay for the period of time that the grievant was out of work in excess of 150 days.3

The town sought to vacate the award in Superior Court, claiming that the award was not timely and that [652]*652it violated public policy as well as the reinstatement provisions of the agreement. The union filed an application to confirm the award. This appeal followed the trial court’s judgment vacating the award.

I

The trial court found that the final briefs were received by the board on January 28, 1993, and that the award was issued on April 20, 1994, almost fifteen months later. The trial court ruled that “the award was not rendered within the time permitted by [General Statutes] § 52-416 (a)4 and therefore shall ‘have no legal effect.’ ”5

Arbitration was sought before the board pursuant to § 16.5 of the agreement.6 General Statutes § 31-987 governs the procedures the board must follow when issuing a decision in an arbitration proceeding. Section 31-98 requires a majority of the members of the board to sign a written decision within fifteen days from the conclusion of the proceedings unless the parties other[653]*653wise consent to the issuance of an oral decision. In determining whether an earlier version of § 31-98 or an earlier version of § 52-416 (a) applied to a matter heard by the board, our Supreme Court stated: “In considering the intended operation of a statute, courts must presume that the legislature in enacting it had existing relevant legislation in mind. ... In view of this cardinal principle of statutory construction, the General Assembly, by specifically dealing in [§ 31-98] with the time limitation, demonstrated an intent that the limitation of [thirty] days provided for in [§ 52-416 (a)] should not apply to an award by the board of mediation and arbitration. A reasonable construction of the intent expressed is that the board should be governed by the specific legislation enacted for its guidance and not by general legislation pertaining to arbitration.” (Citation omitted.) Danbury Rubber Co. v. Local 402, 145 Conn. 53, 58, 138 A.2d 783 (1958).

The question of whether the fifteen day time period in § 31-98 is mandatory was answered in AFSCME v. New Britain, 206 Conn. 465, 468, 538 A.2d 1022 (1988), in which our Supreme Court stated that “[w]e have previously concluded that the time limitation in this statute’s predecessor was directory and not mandatory. . . . We have also held that [i]n the absence of a mandatory time limitation [in either the collective bargaining agreement or the submission to the arbitrators], an award of arbitrators may be made within a reasonable time.” (Citation omitted; internal quotation marks omitted.)

The town claims that even if § 31-98 governs, the thirteen month delay between the close of the proceedings and the decision was unreasonable. We do not need to address this claim “because the plaintiffs failure to raise the issue of timeliness prior to the issuance of the arbitration award operates as a waiver of [its] right to assert the lack of timeliness in the board’s decision. [654]*654The record discloses that the only challenge to timeliness is contained in the post-decision application to vacate the award.” (Emphasis added.) AFSCME v. New Britain, supra, 206 Conn. 468. As in AFSCME v. New Britain, supra, 468, the plaintiff here waived any issue of timeliness by waiting to object until after the award was issued. The trial court, therefore, improperly ruled that the award was untimely.

II

The town next argues that the arbitration award would violate public policy by reinstating a police officer who deliberately revealed the identity of a confidential informant, with the attendant risk to that informant’s safety and jeopardy to police operations. The town asserts that public policy demands that the identity of confidential informants be protected. We agree.

It is a well accepted proposition that the courts favor arbitration. See Hartford v. Board of Mediation & Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989).

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Bluebook (online)
677 A.2d 464, 41 Conn. App. 649, 156 L.R.R.M. (BNA) 3143, 1996 Conn. App. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-south-windsor-v-south-windsor-police-union-local-1480-connappct-1996.