45 Conn. App. 712 | Conn. App. Ct. | 1997
Opinion
The plaintiff, a former high school basketball coach, appeals from the judgment of the trial court dismissing his complaint for lack of subject matter jurisdiction. The principal issue is whether the trial court had jurisdiction to decide the plaintiffs claim that the defendant board of education’s (board) refusal to hire him as a coach violated an agreement between the plaintiff and the board not to discipline him further for
The plaintiff asserts that the trial court had subject matter jurisdiction because his claims are based on an independent separate agreement between him and the board that was beyond the purview of the collective bargaining agreement. In the alternative, the plaintiff claims that the court had jurisdiction because (1) the collective bargaining agreement does not state that the remedies thereunder are exclusive and (2) he should be deemed to have exhausted the remedies of the collective bargaining agreement because the final step of nonbinding arbitration would have been futile and such final step could be taken only by the union and it refused to do so. We conclude that the trial court did not have subject matter jurisdiction and affirm the judgment dismissing the action.
The following factual and procedural history is gleaned from the record. The plaintiff is a teacher in the Stamford public school system and is a member of the Stamford Education Association, the collective bargaining agent for teachers in the Stamford public school system. In 1989, the Connecticut Interscholastic Athletic Conference, Inc., fined the Stamford school system and placed its athletic program on three years probation as a result of the determination by the conference that the plaintiff had violated recruiting and other conference rules.
The plaintiff entered into a settlement agreement with the board dated December 22,1989, whereby the plaintiff, although admitting to no violations, agreed to pay $500 of the conference fine and to serve out the remain
The plaintiff applied for various coaching and assistant coaching positions between 1991 and 1994. He was unsuccessful in obtaining any of the positions and filed an action in the Superior Court, claiming that the board’s refusal to hire him constituted discipline in violation of the December, 1989 agreement. The plaintiff initially sought a temporary injunction to enforce the terms of the agreement and also sought money damages. The application for a temporary injunction was denied and, thereafter, the board filed a motion to dismiss the plaintiffs action for lack of subject matter jurisdiction because this dispute was subject to the grievance procedures of the collective bargaining agreement. The trial court granted the motion to dismiss and this appeal followed.
I
The plaintiff claims that the December, 1989 agreement furnishes an independent basis for his action because it is not part of the collective bargaining agreement. He claims that his rejection for each of the six coaching positions was based on the alleged earlier recruiting violations and thus constituted “further discipline” in breach of the December, 1989 agreement.
“It is well settled under both federal and state law that, before resort to the courts is allowed, an employee
In support of his claim, the plaintiff relies primarily on Cahill v. Board of Education, 187 Conn. 94, 444 A.2d 907 (1982). In Cahill, the Supreme Court rejected the board of education’s contention that sovereign immunity bars a teacher’s suit for breach of contract against a local board of education. Id., 102. The Supreme Court held that “[a] local board of education is bound by and may sue or be sued on contracts in the same manner as municipal corporations.” Id. The Supreme Court also ruled that the plaintiff had not failed to exhaust her administrative remedies because her claim was based on an alleged breach of an agreement between the plaintiff and the board of education to return her to a position of “ ‘like nature, seniority, status and pay’ ” when she returned from her sabbatical leave. Id., 105. The coflec
In this case, the plaintiff is complaining about the collateral consequences of the settlement agreement.
The plaintiff seeks to place his claims outside the purview of the collective bargaining agreement simply by labeling the acts of the board and the other defendants
The gravamen of the plaintiffs complaint is that he was the most qualified candidate for each job, but was not selected in violation of the memorandum of agreement as to the selection of coaches. This is precisely the kind of complaint that the collective bargaining agreement grievance procedures were designed to handle.
II
The plaintiff makes three alternative claims in the event that we are unpersuaded by his first claim. He
A
The plaintiff asserts that “where the collective bargaining agreement does not provide that it is the exclusive remedy then the exhaustion doctrine does not apply.” He relies on School Administrators Assn. v. Dow, 200 Conn. 376, 511 A.2d 1012 (1986), in support of this proposition.
In Dow, the individual plaintiffs and their union brought suit to enjoin the board from eliminating certain administrative positions and from dismissing ten individuals. Our Supreme Court stated that “[t]he complaint alleged that the defendants acted unfairly, violated the parties’ collective bargaining agreement, violated state statutory procedures, and violated the plaintiffs’ constitutional rights to due process and equal protection. Despite the multiple allegations made, the complaint is not unlike those usually brought for employee grievances and essentially seeks relief for harms occurring in the context of an employer-employee relationship. . . . Given the broad wording of the grievance provisions of the collective bargaining agreement, we have no doubt that the relief requested in this case is within the scope of the contractual remedies available. . . . The plaintiffs therefore should have pursued their claims under the grievance-arbitration provisions of
Although the principal holding of Dow militates against the plaintiffs assertions, he relies on footnote 5 of that opinion.
The thrust of footnote 5 in Dow is that the collective bargaining agreement procedures are the exclusive remedy unless the parties expressly agree otherwise. The plaintiff attempts to invert this proposition to one in which the collective bargaining agreement is exclusive only if it expressly says so. The plaintiff misreads Dow and Republic Steel Corp. Those cases stand for the proposition that, where nothing is said in the collective bargaining agreement about exclusivity, the agreement is considered to be the exclusive remedy.
B
The plaintiff maintains that resort to the grievance procedure would be futile because the final step in the grievance procedure is nonbinding arbitration and one
One can only speculate as to whether arbitration here would have resulted in a decision unfavorable to the plaintiff. We certainly cannot say that he could not obtain a favorable decision. In Housing Authority v. Papandrea, 222 Conn. 414, 432, 610 A.2d 637 (1992), our Supreme Court rejected the plaintiffs claim of futility because the grievance procedures were capable of providing the plaintiff with relief even though the commissioner of the department of housing had, in an advisory letter, already taken a position that was adverse to the plaintiff housing authority. The Papandrea court stated that “[t]he fact that the commissioner [had taken the adverse position in a letter] did not relieve the [housing authority] of its obligation to pursue its administrative remedies in an effort to persuade the commissioner that his position was legally incorrect.” Id. The plaintiff here would not necessarily have been engaged in a futile action by pursuing the final step in the grievance process. He would have had an opportunity to convince an impartial arbitrator of the correctness of his position, and, if he had done so, the board might well have accepted that decision without seeking court review.
C
The plaintiff finally asserts that the final step of nonbinding arbitration could be taken only by the union and the union refused to do so. Consequently, he argues, he should be deemed to have exhausted the grievance procedures of the collective bargaining agreement.
The judgment is affirmed.
In this opinion the other judges concurred.
The plaintiff claims that the alleged recruiting' violations were discussed with respect to three of the jobs that he sought. The plaintiff does not allege that the violations were brought up with respect to the other three jobs, but asserts that he was rejected for each position because of the alleged recruiting violations.
The plaintiff also relies on cases of Snyder v. Board of Education, Superior Court, judicial district of Waterbury, Docket No. 121828 (August 30, 1995) (Sylvester, J.) and Sekor v. Board of Education, Superior Court, judicial district of Danbury, Docket No. 311665 (July 12, 1995) (Stodolink, J.). Those cases do not support Ms position.
In Snyder, the plaintiff sought the enforcement of an agreement he claimed that he had with the mayor. The plaintiff claimed that pursuant to this agreement, the board of education could not initiate termination proceedings against him until certain criminal charges were resolved. The trial court ruled that the plaintiff was not required to exhaust administrative remedies because the proceeding was not one that challenged his termination and thus not subject to the doctrine of exhaustion of administrative remedies. Unlike Snyder, the plaintiff here challenges the board’s actions with respect to hiring, a subject clearly covered by the collective bargaining agreement.
In Sekor, the plaintiff sought damages claiming that the defendant school board violated her free speech rights and thus violated General Statutes § 31-51ci. The trial court in Sekor simply decided that, based on the pleadings and affidavits, there was a genuine issue of material fact as to whether, pursuant to § 31-51q, “the plaintiffs activities ‘substantially or materially’ interfered with her job performance or with the working relationship between the plaintiff and the defendant.....” Sekor v. Board of Education, supra. The plaintiff here alleges no such statutory violation.
The record of the plaintiffs 1991 grievance with respect to the head basketball coaching position at Westhill High School reflects that “at the hearing the parties agreed that the superintendent may consider all relevant information in making appointments from among unit members.” (Emphasis added.) The plaintiff does not dispute that there was such an agreement.
The Stamford superintendent of schools and the principals of the two Stamford high schools were also named as defendants.
The plaintiff also cites Drahan v. Regional School District, Superior Court, judicial district of New London at New London, Docket No. CV-92-0523352 (June 22, 1995) (Hurley, ,E). We affirmed the trial court’s decision in Drahan v. Board of Education, 42 Conn. App. 480, 680 A.2d 316 (1996). Nowhere in the copy of the trial court’s decision provided to us by the plaintiff or in our holding do we find the asserted proposition mentioned and we find no language that would support such a proposition.
“The plaintiffs’ action could be maintained if the agreement did not make the grievance-arbitration process the exclusive remedy for the parties. Republic Steel Corporation v. Maddox, 379 U.S. 650, 657-58, 85 S. Ct. 614, 13 L. Ed. 2d 580 (1965). Although we are not provided on the record with the full agreement, there is no indication that the parties intended the procedures to be other than the exclusive remedy for the resolution of their disputes.” School Administrators Assn. v. Dow, supra, 200 Conn. 383-84 n.5.