210 Conn.App. 788
Conn. App. Ct.2022Background
- Regina Pickard was terminated by the Department of Mental Health and Addiction Services; her union filed a grievance which the Office of Labor Relations denied.
- The union intended to arbitrate; Pickard waived union representation and retained private counsel for arbitration.
- The collective bargaining agreement required splitting arbitration costs; the arbitrator required Pickard to escrow a $4,000 deposit by August 16, 2019.
- Pickard failed to make the deposit; the Office (not the arbitrator) cancelled the arbitration on August 21, 2019 and closed the matter; her later request to reinstate/schedule was denied.
- On October 31, 2019 Pickard filed a special statutory proceeding in Superior Court seeking to vacate an "award" under Gen. Stat. §§ 52-418 or 52-420 and, under § 52-422, an order pendente lite to reopen proceedings and allow compliance with the deposit requirement.
- The trial court granted the State’s motion to dismiss for lack of subject matter jurisdiction; the Appellate Court affirmed, holding no arbitration award nor pending arbitration existed, so the statutory prerequisites were unmet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court had jurisdiction under §§ 52-418 / 52-420 to vacate an arbitration award when the Office cancelled the arbitration and no arbitrator-issued award exists | Pickard: the Office’s dismissal functionally equaled an award because the State "made itself the arbitrator" and effectively issued a dismissal the court could vacate | State: §§ 52-418 and 52-420 require an actual arbitration award; none was rendered, so court lacks jurisdiction | Held: No. Dismissal by the Office is not an arbitration award; without an award the statutes' jurisdictional conditions are unmet and court lacked jurisdiction to vacate. |
| Whether § 52-422 permits a pendente lite order when no arbitration is pending | Pickard: arbitration had begun and § 52-422 relief was available to protect her rights and allow compliance with deposit requirement | State: § 52-422 applies only when an arbitration is pending before an arbitrator; no pending arbitration existed here | Held: No. § 52-422 requires a pending arbitration; because none existed, the court lacked jurisdiction to issue pendente lite relief. |
Key Cases Cited
- Coldwell Banker Manning Realty, Inc. v. Cushman & Wakefield of Connecticut, Inc., 293 Conn. 582 (2009) (dismissal of a request for arbitration is not an arbitration award because it is not a final decision on the merits)
- Goodson v. State, 232 Conn. 175 (1995) (§ 52-422 requires a pending arbitration; court lacks jurisdiction if no arbitration is pending)
- Naugatuck v. AFSCME, Council No. 4, Local 1303, 190 Conn. 323 (1983) (an arbitrability decision is not an appealable award until it becomes part of a merits award)
- Conboy v. State, 292 Conn. 642 (2009) (when a motion to dismiss is supported by undisputed affidavits, the court may consider those facts in resolving jurisdiction)