State v. Connecticut Employees Union, No. Cv93-0704068 (Oct. 22, 1993)
Opinion of the Court
The case raises issues of first impression concerning the jurisdiction of the defendant, SBMA, and the effective date of Public Act 91-290.
Certain essential facts are undisputed. The defendant, Connecticut Employees Union Independent, Inc. (CEUI), has been the exclusive bargaining representative for the maintenance and service bargaining unit, commonly referred to as the NP-2 bargaining unit. The State operates the Newgate Prison and employs several workers there who perform guide and maintenance work. After the State recognized the CEUI as the representative for the Newgate Prison workers, the State and the CEUI began negotiations to revise the NP-2 collective bargaining agreement to include them. These midterm negotiations began in June, 1991.
During September, 1991, the State notified the CEUI that an impasse had been reached in the negotiations and that the State planned to implement its last offer. The CEUI then filed for interest arbitration with the SBMA on November 19, 1991, pursuant to General Statutes
On March 26, 1992, the SBMA, sua sponte, initiated proceedings for a declaratory ruling, and on January 19, 1993, the SBMA issued a declaratory ruling. It took this action pursuant to General Statutes
In its declaratory ruling, the SBMA determined that General Statutes
Since the subject matter of the SBMA's decision is the arbitrability of collective bargaining negotiations in which the State was involved, the State has a specific legal interest in the decision. Furthermore, the State's interest has been specially and injuriously affected by the decision. Accordingly, the court finds that the State is aggrieved by that decision within the meaning of
In its brief and at oral argument, the State proposes two arguments as the bases of its appeal: (1) that the SBMA exceeded its jurisdiction in issuing the declaratory ruling that is the subject of the appeal; and (2) that the declaratory ruling was in error insofar as it held that 91-290 applied to the negotiations in question. The court will consider each argument separately.
General Statutes
(a) . . . an agency may on its own motion initiate a proceeding for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes . . . on a matter within the jurisdiction of the agency.
The State concedes, in its brief, that the SMBA is an "agency" within the meaning of that statute. It argues, however, that General Statutes
Section
The state board of labor relations shall administer sections
5-270 to5-280 , inclusive, as follows: CT Page 8683. . . (b) The board shall have authority to make, amend and rescind such rules and regulations as may be necessary to carry out the provisions of sections
5-270 to5-280 , inclusive . . . . (Emphasis added).
This statute makes clear that it is the state board of labor relations (SBLR), not the defendant state board of mediation and arbitration (SBMA), that is the agency which has jurisdiction over the collective bargaining process in general. In its opening phrases, the statute also specifically identifies
The State also argues that the defendants seek to give the Act an impermissible retroactive effect in applying it in these circumstances. The court agrees.
The amendment to the statute, indicated in upper case, reads as follows:
(c) If, after a reasonable period of negotiation, OR, IN THE CASE OF NEGOTIATIONS BY THE PARTIES TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT TO REVISE SUCH AGREEMENT CONCERNING ANY MATTER AFFECTING CT Page 8684 WAGES, HOURS AND OTHER CONDITIONS OF EMPLOYMENT, AFTER NINETY DAYS FROM THE COMMENCEMENT OF SUCH NEGOTIATIONS, the parties are unable to reach an agreement, both parties or either of them may initiate arbitration by filing with the state board of mediation and arbitration a list of the issues as to which an impasse has been reached. If such filing is not made jointly, a copy of the filing shall be served on the other party.
In its declaratory ruling, the defendant SBMA held that "[t]he only change that was introduced by Public Act 91-290 is that it now makes arbitration available to parties who are engaged in mid-term bargaining." The issue posed by the state, however, is whether arbitration is available under the statute in the case of failed negotiations that formally commenced prior to the change in the law.
Section
For all of the reasons set forth above, the appeal of the State is sustained.
Maloney, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.