Policemen's & Firemen's Retirement Board v. Sullivan
Policemen's & Firemen's Retirement Board v. Sullivan
Opinion of the Court
Since these cases arise from the same factual situation and since they have been treated as companion cases throughout the course of their development we shall treat them in a single opinion.
The parties filed a stipulation of facts applicable to both cases from which the following summary may be drawn: Sullivan and Jackson are city of New Haven police officers who suffered injuries in the course of their employment, whereupon they applied for disability retirement and were rejected by the Policemen’s and Firemen’s Retirement Board. Instead, they were offered less strenuous duty, which they refused. The New Haven Police Union Local 530, of which Sullivan and Jackson were members, initiated a grievance pursuant to the procedure provided in an agreement between the city of New Haven and the New Haven Police Union Local 530 and Council 15, AFSCME, AFL-CIO, hereinafter referred to as the agreement, and claimed that the dispute should go to arbitration under the terms of the agreement. The Policemen’s and Firemen’s Retirement Board of the city of New Haven and the city of New Haven instituted an action in Superior Court seeking an injunction restraining Officers Sullivan and Jackson, Local 530 and the Connecticut Board of Mediation and Arbitration from proceeding with arbitration. The
The first question requiring resolution is whether the issue of the arbitrability of the grievance is a question for the court or for the arbitrator to decide. The determination of this issue requires a preliminary examination of the agreement and the grievance procedure provided therein. The grievance procedure established by article 3 of the agreement consists of a four-step process, the last step of which provides: “If the complainant and his representative, if represented, are not satisfied with the decision rendered, he or his representative may submit the grievance to the Connecticut State Board of Mediation and Arbitration, and the decision rendered by the arbitrator(s) shall be final and binding upon both parties.” In order to invoke article 3, the claimant must have a grievance, which is defined by article 3 (b) as follows: “A grievance for the purpose of this procedure shall be considered to be an employee or Union complaint concerned with: (1) Discharge, suspension or other disciplinary action. (2) Charge of favoritism or discrimination. (3) Interpretation and application of rules and regulations and policies of the Police Department. (4) Matters relating to the interpretation and application of the Articles and Sections of this Agreement.” (Emphasis added.) The unions, Sullivan and Jackson seek to reach arbitration through the application of part 4 of article 3 (b). They contend
The agreement sets forth the boundaries of the disputes the parties have agreed to submit to arbitration in article 3, step 4 (e), which states in part: “The arbitrator(s) jurisdiction to make an award shall be limited by the submission and confined to the interpretation and/or application of the provisions of this Agreement.” It is clear that by using the broad language of this provision the parties intended to allow submission of legal, as well as factual, questions to the arbitrators. The authority to allow arbitrators to resolve legal questions is clearly established in our law. United Electrical Radio & Machine Workers v. Union Mfg. Co., 145 Conn. 285, 141 A.2d 479; Colt’s Industrial Union v. Colt’s Mfg. Co., 137 Conn. 305, 77 A.2d 301. Grant
Having determined that the court was correct in ruling that it had the authority to decide whether the dispute should go to arbitration, we must now turn to the issue whether it properly decided that issue against sending the dispute to arbitration. By requesting the lower court to issue an injunction restraining the defendants in the first case from proceeding with arbitration, the retirement board and the city were, in effect, asking the court to interpret the substantive provisions of the agreement. As the court stated in United Steelworkers of America v. Warrior & Gulf Navigation Co., supra, 585: “[T]he court should view with suspicion an attempt to persuade it to become entangled in the construction of the substantive provisions of a labor agreement.” We are also mindful of the court’s distinction in Warrior, supra, 578, between arbitration of commercial and labor disputes. The court stated: “In the commercial case, arbitration is the substitute for litigation. Here arbitration is the substitute for industrial strife. Since arbitration of labor disputes has quite different functions from arbitration under an ordinary commercial agreement, the hostility evinced by courts toward arbitration of commercial agreements has no place here. For arbitration of labor disputes under collective bargaining agreements is part and parcel of the collective bargaining process itself.” This court must, therefore, look carefully at any order which seeks to interject a judicial body into the functioning of the collective bargaining
Under the grievance procedure established by the agreement “ [m] atters relating to the interpretation and application of the Articles and Sections of this Agreement” are considered grievances subject to arbitration under step four of the grievance procedure. Since there is no claim that the parties have not complied with the procedural requirements of the grievance procedure, the only question confronting us is whether there is doubt that the dispute should not go to arbitration. If there is any doubt, the issue must be resolved in favor of arbitration. Board of Police Commissioners v. Maher, supra.
We conclude that the trial court did not err in deciding that the parties did not intend that disputes involving disability retirement should be the subject of arbitration under the procedure established by article 3 of the agreement. Those seeking arbitration argue that the parties to the agreement, by agreeing to article 15 of the agreement, intended to incorporate the provisions of the two police pension plans mentioned therein into the agreement. We do not agree. Article 15 merely states which pension plans shall apply to which employees and states nothing about the provisions of either. Further, the pension plans were not established by the agreement, but were created by special act. The police officers, Sullivan and Jackson, fall into the category of employees covered by Special Acts 1957,
Having decided that the dispute is not a proper subject for arbitration under the agreement, we must now determine whether the equitable remedy of injunctive relief is available to the city and the retirement board. The parties seeking arbitration argue that it is incumbent upon a plaintiff to prove that he will suffer irreparable injury unless an injunction is granted or no such relief may be granted.
Our cases establish that the imminence of irreparable injury and the absence of an adequate remedy at law are ordinarily prerequisites to the granting of injunctive relief. Koepper v. Emanuele, 164 Conn. 175, 319 A.2d 411. The facts of this case were submitted to the court by stipulation of the parties. One part of the stipulation, which was adopted by the court as a finding of fact, stated that Local 530 intended to proceed with arbitration before the Connecticut State Board of Mediation and Arbitration. This stipulation is adequate to establish that absent court interference the parties seeking the injunction would be required to submit to the acts of an arbitrator without authority. This result could only be prevented by an injunction which the Superior Court correctly issued. The parties seeking injunctive relief provided an adequate basis for the court to decide the legal question of the inadequacy of the remedy at law and the factual issue of irreparable harm.
There is no error.
In this opinion House, C. J., and Barber, J, concurred.
Dissenting Opinion
(dissenting). These consolidated appeals present two questions. The first is: Does the contract at issue here assign to the arbitrators the duty of deciding which disputes are arbitrable, or is that decision one for the courts? I agree with the majority opinion that this contract does not assign that duty to the arbitrators. The arbitration clause requires arbitration of “[mjatters relating to the interpretation and application of the Articles and Sections of this Agreement.” I understand that we have decided to follow the United States Supreme Court in arbitration matters. The language of this arbitration clause tracks that of a contract which the United States Supreme Court held left the decision as to which disputes are arbitrable to the courts. The language in that contract required arbitration of all disputes “ ‘as to the meaning, interpretation and application of the provisions of this agreement.’ ” United Steelworkers of America v. American Mfg. Co., 363 U.S. 564, 565, 80 S. Ct. 1343, 4 L. Ed. 2d 1403.
Once the decision as to which disputes are arbi-trable has been determined to be one for the court to make, the second question arises: Is this dispute arbitrable? It is in answering this question that I disagree with the majority. If we follow the United States Supreme Court, and apply the same test it applied in United Steelworkers of America v. American Mfg. Co., supra, this dispute is arbitrable.
United Steelworkers of America v. American Mfg. Co., supra, involved a grievance which the Court of Appeals had determined to be frivolous and patently baseless, thus not subject to arbitration. The Supreme Court reversed, holding that even frivolous, baseless claims must go to arbitration if “the party seeking arbitration is making a claim which
The grievance in this case is a claim by the union that the “contract provided for a review of the orders and decision of the Policemen’s and Firemen’s Retirement Board.” The majority tests the arbitrability of the dispute by asking whether the agreement incorporated the provisions of the police pension plans, or whether the parties signified their willingness to submit pension disputes to arbitration. I think those are the wrong yardsticks. The contract clearly indicates the willingness of the parties to submit to arbitration disputes concerning the application and interpretation of the contract, and one party has asserted that the contract should be interpreted to provide for review of the decision of the pension board. This is a dispute concerning interpretation of the contract, and it must go to arbitration.
Applying the test of United Steelworkers of America v. American Mfg. Co., supra, “whether the party seeking arbitration is making a claim which on its face is governed by the contract,” it is clear that this claim, that the contract provides for review, is determined by the contract. The fact that
I would find error, vacate the judgments and remand with direction to deny the injunction and order the parties to proceed with arbitration.
In this opinion Bogdanski, J., concurred.
Reference
- Full Case Name
- Policemen’s and Firemen’s Retirement Board of the City of New Haven Et Al. v. Donald R. Sullivan Et Al.; New Haven Police Union Local 530 Et Al. v. the City of New Haven
- Cited By
- 28 cases
- Status
- Published