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Local 391, Council 4, AFSCME v. Department of Correction

Citations: 76 Conn. App. 15; 817 A.2d 1279; 172 L.R.R.M. (BNA) 2594; 2003 Conn. App. LEXIS 133Docket: AC 22577

Court: Connecticut Appellate Court; April 1, 2003; Connecticut; State Appellate Court

Narrative Opinion Summary

In this case, a union appealed a trial court's decision to uphold an arbitration award, which denied their grievance against a state department's sick leave policy. The policy required medical certificates for all sick absences, contradicting the collective bargaining agreement's provision that certificates were only needed for absences exceeding five consecutive days. The arbitration arose from concerns about potential strikes during the negotiation of a successor agreement. The arbitrator ruled that the state's policy did not violate the agreement, interpreting relevant provisions and state regulations. The trial court affirmed this ruling, emphasizing the arbitrator's authority to interpret the agreement and the limited scope of judicial review over such decisions. The union's appeal argued that the arbitrator overstepped by relying on a superseded state regulation, but the court found the award derived from the collective bargaining agreement. The arbitration's outcome was consistent with maintaining existing sick leave rules unless explicitly modified. Consequently, the court upheld the arbitrator's decision, finding no grounds to vacate the award, and noting that union members were later compensated under a new agreement.

Legal Issues Addressed

Application of State Regulations in Arbitration

Application: Arbitrators may consider state regulations as part of their interpretation, provided they do not conflict with the collective bargaining agreement.

Reasoning: The arbitrator's decision to reference both the collective bargaining agreement and the regulation was upheld, affirming that arbitrators can apply relevant contract interpretation principles.

Arbitration and Collective Bargaining Agreements

Application: An arbitrator's role is to interpret and apply the collective bargaining agreement, not to impose personal judgments. The award must derive from the agreement.

Reasoning: An arbitrator's role is to interpret and apply the collective bargaining agreement, not to impose personal judgments. Although an arbitrator can consult various sources, their award must fundamentally derive from the agreement.

Judicial Review of Arbitration Awards

Application: The court reviews an arbitrator's authority within the confines of the arbitration submission and the collective bargaining agreement.

Reasoning: The court emphasized that its review of an arbitrator's authority is limited, as arbitration is fundamentally a contractual agreement that allows for minimal judicial interference, with the parties defining the arbitrator's powers through their submission agreement.

Limits on Sick Leave Policy

Application: Article 43 of the collective bargaining agreement requires a medical certificate for absences of five or more consecutive days, which modifies state regulations.

Reasoning: Article forty-three of the collective bargaining agreement modifies this by requiring a medical certificate for absences of five or more consecutive days and stipulates that sick pay denial can occur only after notifying the employee and union of possible sick leave abuse, with recourse to a grievance and arbitration process.