299 Conn. 63
Conn.2010Background
- Region 16 Board of Education operates Woodland High School and several other schools; teacher work year and day are set by a collective bargaining agreement (CBA).
- Beginning of 2004-05, four special education skills lab teachers and one transition coordinator managed certain caseloads; Richardson handled ~17, 10, 16, and 15 students respectively.
- Richardson resigns in October 2004; district cannot immediately replace him due to shortages; workload for remaining teachers increases as caseloads are redistributed.
- Veneziano and the four teachers decide to reallocate Richardson's caseload, increasing Flaherty’s, Brunelle’s, and Dean’s workloads and weekly hours; union not informed of these meetings.
- Murtha, district official, later discusses workload with teachers and contemplates looping method; discussions occur without union involvement.
- Union filed a complaint alleging unilateral and substantial increase in workload and unlawful direct dealing; board found prima facie evidence of unilateral change and direct dealing; trial court affirmed; appellate review ensued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a unilateral change to a fixed employment practice | Union did not prove a fixed practice; prior workloads varied with caseloads. | Board properly found a fixed practice based on past conduct and sudden change after Richardson's departure. | Unilateral change not supported by substantial evidence; reversed on this issue. |
| Whether Murtha's meetings and caseload reallocation constituted unlawful direct dealing | Direct dealing not proven beyond initial meetings. | Initial meetings may be direct dealing; but discussed aspects did not undermine union. | Direct dealing supported; affirmed on this issue. |
Key Cases Cited
- West Hartford Education Assn., Inc. v. DeCourcy, 162 Conn. 566 (1972) (unilateral changes implicating bargaining duties)
- Honulik v. Greenwich, 293 Conn. 698 (2009) (defining fixed and definite past practice for unilateral change)
- Vincent v. New Haven, 285 Conn. 778 (2008) (deference to agency interpretation of statute when reasonable)
- Samperi v. Inland Wetlands Agency, 226 Conn. 579 (1993) (administrative decision review; rational basis standard)
- Americare Pine Lodge Nursing & Rehabilitation Center v. National Labor Relations Board, 164 F.3d 867 (4th Cir. 1999) (employer communications with employees during bargaining; coercive elements)