Town of Marlborough v. AFSCME, Council 4, Local 818-052
2011 Conn. App. LEXIS 422
Conn. App. Ct.2011Background
- Marlborough discharged its assessor for non-reappointment on November 14, 2007 after a new board took office.
- CBA (effective July 1, 2007) covers the assessor position and requires just cause for disciplinary action with a grievance procedure.
- Arbitration panel ruled for AFSCME, finding no just cause and ordering reinstatement and back pay.
- Marlborough filed a § 52-418(a)(4) application to vacate the award, arguing public policy and manifest disregard of the law.
- Trial court denied the application; appellate court affirmed the denial, limiting review to the record and the scope of the submission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public policy override claim raised on appeal | Marlborough argues the award violates public policy protecting executive appointment power | AFSCME contends the issue was not raised below and is unreviewable on appeal | Not reviewable; theory not preserved below |
| Manifest disregard of the law | Panel ignored § 9-187(a) and applicable law | Panel considered § 9-187(a) but did not misapply it | Not vacated; no manifest disregard shown |
| Definition and applicability of § 9-187(a) to assessors | Assessor is a town officer and § 9-187(a) governs terms | Statute is not well defined for this context and not clearly applicable | Panel did not act with manifest disregard; statute not clearly applicable as defined at the time |
Key Cases Cited
- Garrity v. McCaskey, 223 Conn. 1 (1992) (ground for vacating awards; limits on manifest disregard and deference to arbitral authority)
- Zelvin v. JEM Builders, Inc., 106 Conn.App. 401 (2008) (three-part standard for manifest disregard of the law)
- Saturn Construction Co. v. Premier Roofing Co., 238 Conn. 293 (1996) (defines manifest disregard standard and explicit governing law)
- State v. Connecticut State Employees Assn., SEIU Local 2001, 287 Conn. 258 (2008) (misapplication of law not sufficient for vacatur; arguable differences in law not enough)
- Board of Trustees v. Federation of Technical College Teachers, 179 Conn. 184 (1979) (statutory schemes can override collective bargaining in some contexts)