Trigila v. City of Hartford

586 A.2d 605, 217 Conn. 490, 1991 Conn. LEXIS 49
CourtSupreme Court of Connecticut
DecidedFebruary 19, 1991
Docket14117
StatusPublished
Cited by18 cases

This text of 586 A.2d 605 (Trigila v. City of Hartford) 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
Trigila v. City of Hartford, 586 A.2d 605, 217 Conn. 490, 1991 Conn. LEXIS 49 (Colo. 1991).

Opinion

Peters, C. J.

The only issue in this case is whether a union member may seek judicial relief for a statutory claim of employment discrimination without first availing himself of the grievance procedures established by a collective bargaining agreement. The plaintiff, Joseph Trigila, is a fiscal officer in the department of housing and community development of the defendant city of Hartford. His complaint alleges that, by requiring him to take an unpaid leave of absence during his candidacy for state elective office, the defendant violated the [492]*492antidiscrimination provisions of General Statutes § 2-Sa.1 In response, the defendant filed a motion to dismiss for lack of subject matter jurisdiction, premised on the plaintiffs failure to exhaust administrative remedies prescribed in the collective bargaining agreement negotiated between his union and the defendant. The trial court granted the defendant’s motion to dismiss and rendered judgment in its favor. The plaintiff appealed to the Appellate Court and we transferred his appeal to this court pursuant to Practice Book § 4023. We affirm the trial court’s judgment.

The complaint and the motion to dismiss contain allegations of fact that are undisputed. On July 28, 1988, the plaintiff, as a classified employee of the defendant, was a member of a collective bargaining unit represented by the Hartford Municipal Employees Association, Inc. A collective bargaining agreement2 between [493]*493the plaintiffs union and the defendant provides a grievance procedure for the settlement of disputes concerning its “application, meaning or interpretation.” Article II, § 2.1 It also incorporates by reference “all provisions of Federal, State and City laws and ordinances . . . not otherwise specifically superseded by the terms of this Agreement.” Article III, § 3.1

Relying on a municipal charter provision forbidding classified city employees from continuing in municipal service while running for political office,* *3 the defendant required the plaintiff to take an unpaid leave of absence when he announced his intention to become a candidate for the office of state representative. The plaintiff returned to municipal service on November 14, 1988, after having lost his bid for elective office. Without attempting to invoke the grievance procedures of the collective bargaining agreement, the plaintiff filed the present lawsuit alleging that the defendant’s violation of § 2-3a entitled him to recover the wages he lost during the period of his involuntary suspension.

The trial court, in its memorandum of decision, concluded that the plaintiff’s claimed right, under § 2-3a,4 to pursue his electoral campaign without being “discriminate[d] against, discipline[d] or discharge^]” by the defendant, raised an issue that fell within the terms of the collective bargaining agreement. Accordingly, the court ruled that the agreement’s procedures for the administrative resolution of grievances arising out of the employment relationship governed the plaintiff’s claim. Because failure to exhaust applicable adminis[494]*494trative remedies deprives a court of subject matter jurisdiction, the court granted the defendant’s motion to dismiss the plaintiffs complaint.

The plaintiff’s appeal from the judgment of the trial court raises only one narrow issue. He concedes that, if he were pursuing the validity of his unpaid leave as a contract claim, he would have had an effective administrative remedy within the terms of the collective bargaining agreement. He maintains, however, that he is entitled to pursue a separate and distinct statutory cause of action for a violation of § 2-3a, which is not expressly encompassed by the collective bargaining agreement and for which the grievance procedure provides no specific remedy.

The issue that the plaintiff raises has two analytic subparts. First, as a general matter, do the parties to a collective bargaining agreement have the authority to include the resolution of questions of law relating to statutory construction and application within contractually determined grievance and arbitration procedures? Second, does the collective bargaining agreement in this case manifest the parties’ intention to confer such authority on the designated grievance and arbitration procedures? In our view, the answer to both of these questions is yes.

Unions and their employers have broad contractual authority to provide administrative remedies for disputes arising out of the employment relationship. That authority encompasses issues of law as well as of fact. O & G/O’Connell Joint Venture v. Chase Family Limited Partnership No. 3, 203 Conn. 133, 145-46, 523 A.2d 1271 (1987); Bridgeport v. Bridgeport Police Local 1159, 183 Conn. 102, 106-107, 438 A.2d 1171 (1981). Before pursuing even alleged violations of state statutory procedures and of constitutional rights to due process and equal protection, “parties to a collective [495]*495bargaining agreement must attempt to exhaust the exclusive grievance and arbitration procedures established in their agreement before resorting to court.” School Administrators Assn. v. Dow, 200 Conn. 376, 382, 511 A.2d 1012 (1986); Cahill v. Board of Education, 198 Conn. 229, 236-39, 502 A.2d 410 (1985). The trial court therefore correctly rejected the plaintiffs contention that the denomination of a claim as statutory automatically authorizes the bypass of collective bargaining procedures.

Although the administrative procedures established by the parties’ collective bargaining agreement can provide remedies for many statutory and constitutional claims; but see Stratford v. Local 134, IFPTE, 201 Conn. 577, 585-86, 519 A.2d 1 (1986); Carofano v. Bridgeport, 196 Conn. 623, 637-38, 495 A.2d 1011 (1985); Caldor, Inc. v. Thornton, 191 Conn. 336, 344-45, 464 A.2d 785 (1983), aff'd, 472 U.S. 703, 105 S. Ct. 2914, 86 L. Ed. 2d 557 (1985); the legislature can confer upon an employee a substantive statutory right independent of existing labor relations statutes and the administrative procedures associated therewith. In Shortt v. New Milford Police Department, 212 Conn. 294, 304-305, 562 A.2d 7 (1989), we concluded that the test is whether the legislature intended, on the one hand, to provide a substantive right independent of collective bargaining or, on the other hand, to provide an enhanced remedy ancillary to and enforceable conjointly with rights established as a matter of collective bargaining. We applied this test in Shortt

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Bluebook (online)
586 A.2d 605, 217 Conn. 490, 1991 Conn. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trigila-v-city-of-hartford-conn-1991.