224 Conn.App. 237
Conn. App. Ct.2024Background
- Gerald Peters, a Torrington police sergeant, was terminated in 2021 for allegedly violating the city's excessive force policy and federal law.
- Peters and his union, Council 4, AFSCME, Local 442, challenged his termination under a municipal collective bargaining agreement effective 2020–2023, which required "just cause" for firing and allowed for grievance arbitration.
- An arbitration panel ruled in favor of Peters, finding no just cause for termination and ordering reinstatement with back pay.
- The City of Torrington asked the Superior Court to vacate the arbitration award, arguing the arbitrators exceeded their powers and that reinstatement violated public policy.
- The Superior Court vacated the arbitration award and remanded for rehearing before a new arbitration panel; the defendants appealed, and the city moved to dismiss the appeal for lack of a final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is an order vacating an arbitration award and remanding for rehearing a final judgment for purposes of appeal under relevant statutes? | City: No appeal allowed if court directs a rehearing; relied on § 52-407bbb (a)(5) | Peters/Union: Order is appealable under §§ 52-423 & 52-407bbb (a)(3) (denied confirmation of award) | Court: Yes, appeal is permitted under § 52-423 and precedent, as this is a municipal labor case |
Key Cases Cited
- Board of Education v. East Haven Education Assn., 66 Conn. App. 202 (appellate jurisdiction exists for appeal from order vacating and remanding arbitration awards in municipal labor disputes)
- Blondeau v. Baltierra, 337 Conn. 127 (statutory right to appeal from orders vacating arbitration awards)
- Winchester v. State Board of Labor Relations, 175 Conn. 349 (Connecticut Municipal Employee Relations Act governs public sector collective bargaining)