197 Conn. 91 | Conn. | 1985
The dispositive issue in this case is whether a statute that has been enacted to be effective at a future date becomes by operation of law part of a state employee collective bargaining agreement entered into prior to that date, where no contrary intention is expressed. The plaintiff, Connecticut State College American Association of University Professors (CSCAAUP), is an employee organization acting as the exclusive statutory representative of a bargaining unit composed of members of the faculty employed by the board of trustees for the Connecticut state colleges. The board of trustees, as well as the state, have been made defendants in this appeal from the dismissal of the plaintiffs petition to the state board of labor relations (SBLR) seeking a declaratory ruling that the state and the board of trustees had engaged in an act prohibited by General Statutes § 5-272. The trial court affirmed the decision of the SBLR dismissing the petition on the merits. From that judgment the plaintiff has appealed to this court and has raised various issues
The plaintiff, CSC-AAUP, and the defendant board of trustees for state colleges, acting in behalf of the state, entered into a collective bargaining agreement for the period August 24, 1979, to August 19, 1982. This contract contained provisions continuing for the duration of such term state and federal fringe benefits, including retirement plans, that were uniformly available to bargaining unit members at the time of signing the agreement, July 27, 1979, “unless specially
On May 9, 1980, after Public Acts 1979, No. 79-541, had become effective, the plaintiff petitioned the SBLR for a declaratory ruling pursuant to General Statutes § 4-176
The presumption that parties contract in the light of existing statutes is implemented with respect to collective bargaining agreements with state employees entered into pursuant to § 5-278 (b) by the provision thereof requiring submission to the legislature at the time of its vote upon such an agreement “[a] request ... for approval of any provisions of the agreement which are in conflict with any statute or any regulation of any state agency . . . .” Such a request has been referred to by the parties as a “supersedence analysis.” Unless the legislators are thus informed of those statutes or regulations that conflict with the negotiated agreement, their vote of approval cannot be deemed to modify or suspend such inconsistent provisions of
The plaintiff does not dispute the finding of the SBLR that the supersedence analysis sent to the legislature when the collective bargaining agreement was approved on August 13,1979, did not mention any conflict with Public Acts 1979, No. 79-514. The plaintiff maintains, however, that this omission is immaterial, because that statute, though enacted into law on July 28,1979, did not become effective until January 1, 1980, and therefore “was not legally in existence” at the time the legislature approved the contract.
We conclude, therefore, that there is no factual or legal basis for the plaintiffs petition for a declaratory ruling that the state had engaged in a practice prohibited by § 5-272 by unilaterally modifying a term of the collective bargaining agreement that had previously been approved. No such change in the agreement occurred, because the failure to notify the legislature of the conflict that would arise within the contract period made the modified disability provisions of Public Acts 1979, No. 79-514, which became effective on January 1, 1980, a change contemplated by the contract at the time of its approval. Ciarleglio v. Benedict & Co., supra. Accordingly, the trial court properly affirmed the dismissal of the petition by the SBLR and also properly declined to address the constitutional issues the plaintiff sought to raise.
There is no error.
In this opinion the other judges concurred.
The statement of issues in the plaintiff’s brief is as follows:
“1. Where the State, as employer, enters into a collective bargaining agreement with a union representing state employees, and, thereafter, by statute unilaterally changes one of the conditions of employment set forth in said Agreement (despite its agreement not to effect any such change), has the State violated its obligation to refrain from failing to bargain in good faith concerning adverse unilateral changes in conditions of employment and has the State committed a practice prohibited by C.G.S. §§ 5-272 (a) (1) and (4)?
“2. Where an appellant in an administrative appeal to the Superior Court claims that the decision, as rendered by the agency, itself violates the Contracts Clause of the U. S. Constitution, is such a claim properly before the Superior Court under C.G.S. § 4-183 (g) (1) which provides that the Court may reverse an agency’s decision if it is in violation of constitutional provisions?
“3. If a claim that an agency’s decision is in violation of the Contracts Clause of the U. S. Constitution may be raised in an administrative appeal
“4. If a claim that an agency’s decision is in violation of the Contracts Clause of the U. S. Constitution may be raised in an administrative appeal pursuant to C.G.S. § 4-183 (g) (1), is that claim properly before the Court in spite of the fact that the plaintiff did not pursue said constitutional claim in a separate action for a declaratory judgment?
“5. Does the Connecticut State Board of Labor Relations have jurisdiction to determine whether the State, as the employer, has committed a prohibited practice by enacting a statute which unilaterally and adversely changes a condition of employment when the statute in question is ordinarily administered by a different state agency which, itself, has no jurisdiction over prohibited practices?”
These provisions of the collective bargaining agreement are as follows:
“12:11 Insurance and Retirement Benefits. Except as specifically modified by this Agreement, state and federal fringe benefits uniformly available to bargaining unit members as of the date of signing this Agreement shall continue to exist during the term of the contract unless specifically modified by federal legislation.
“12:11:1 The retirement plans available to members on the date of this agreement shall be continued . . . . ”
It is arguable that the term “benefits uniformly available . . . as of the date of signing this Agreement” can be construed broadly to include the modification of those benefits effectuated by Public Acts 1979, No. 79-541, a duly enacted statute at the time the agreement was executed of which the parties are presumed to have known. Ciarleglio v. Benedict & Co., 127 Conn. 291, 293, 16 A.2d 593 (1940). Neither the parties, the SBLR nor the trial court have adopted this interpretation, but have uniformly assumed that this “benefits uniformly available” clause meant that the conditions for eligibility for payments to disabled teachers in force at the time of the agreement would remain unchanged for the duration of the agreement. We need not, therefore, discuss other possible alternative constructions of these provisions of the agreement.
Prior to the effective date of Public Acts 1979, No. 79-541, January 1, 1980, “disabled” was defined for the purpose of the Teachers’ Retirement System to mean “(A) for purposes of eligibility for survivor’s benefits, inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration; and (B) for purposes of eligibility for disability benefits, permanent inability to render service as a teacher by reason of any medically determinable physical or mental impairment which can be expected to result in death or to
The public act changed this definition as follows: “ ‘Disabled’ means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration.” Public Acts 1979, No. 79-541, § 1. This definition is referred to as a general disability standard. See Solberg v. Aetna Life Ins. Co., 151 Conn. 637, 638, 201 A.2d 465 (1964).
Public Acts 1979, No. 79-541, was passed by the General Assembly on May 31, 1979, and was signed by the governor on June 28, 1979.
The term “supersedence analysis” has been used by the parties as well as the SBLR to refer to the “request . . . for approval of any provisions of the agreement which are in conflict with any statute or any regulation of any state agency” which must be submitted to the legislature at the time a collective bargaining agreement is to be voted upon. See General Statutes § 5-278 (b).
General Statutes § 4-176 provides in part as follows: “Each agency may, in its discretion, issue declaratory rulings as to the applicability of any statutory provision or of any regulation or order of the agency, and each agency shall provide by regulation for the filing and prompt disposition of petitions seeking such rulings.”
General Statutes § 5-272 provides as follows: “(a) Employers or their representatives or agents are prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in sec
It is not clear how this principle is applicable under the circumstances of this case, where the statute claimed to modify the collective bargaining agreement approved on August 18, 1979, was enacted prior to that date by the same legislature that approved the contract. The vote of approval was the last action taken by the legislature pertaining to this contract or its subject matter.
See footnote 8, supra.