AFSCME Local 818 Waterbury City Employees Ass'n v. City of Waterbury
Opinion of the Court
SUMMARY ORDER
Plaintiffs-Appellants AFSCME Local 818 (“AFSCME”) and the Waterbury City Employees Association (“WCEA”) are labor organizations representing current City of Waterbury employees. Along with three individual city employees, Brian Lister, Michael Reardon, and Carl Colangelo,
We affirm the decision below for substantially the reasons given by Judge Arterton. Plaintiffs-Appellants, who offered virtually no argument in support of their appeal, have not alleged an impairment of contract rights that would be cognizable under the Contracts Clause. See U.S. Const, art. I, § 10, cl. 1; Sal Tinnerello & Sons, Inc. v. Town of Stonington, 141 F.3d 46, 52 (2d Cir. 1998) (stating that the Contract Clause is not violated unless there is a contract impairment that is substantial). Both pre-2002 contracts at issue in this case contain specific duration clauses that have lapsed, and we find nothing in the contracts to indicate deviation from the general rule that contractual obligations under a labor agreement “will cease, in the ordinary course, upon termination of the bargaining agreement.” Litton Fin. Printing Div. v. NLRB, 501 U.S. 190, 207, 111 S.Ct. 2215, 115 L.Ed.2d 177 (1991). The vesting language in these contracts (Article XVII, § 11 of the 2000 WCEA
Plaintiffs-Appellants have made no arguments regarding their Takings Clause claim on appeal, and we therefore regard any challenge to the dismissal of that cause of action to be abandoned. See Francis v. Elmsford Sch. Dist., 442 F.3d 123, 124 (2d Cir. 2006). In any event, as the district court found, the question of a Takings Clause violation was contingent on the existence of a contract right that might constitute property. See Pineman v. Fallon, 842 F.2d 598, 602 (2d Cir. 1988) (indicating that a claim for an unconstitutional taking requires, inter alia, the allegation of a property interest).
Having resolved both of Plaintiffs-Appellants’ claims, we take no position on the Board’s argument that it is an arm of the state of Connecticut entitled to sovereign immunity from suit without its consent.
We have considered all of the remaining arguments made by the Plaintiffs-Appellants and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.
. Michael Reardon and Carl Colangelo were subsequently voluntarily dismissed from the case and are not parties to this appeal.
Reference
- Full Case Name
- AFSCME LOCAL 818 WATERBURY CITY EMPLOYEES ASSOCIATION, Michael Reardon, Carl Colangelo, and Brian Lister, AFSCME Local 353 v. CITY OF WATERBURY and Waterbury Financial Planning And Assistance Board
- Cited By
- 2 cases
- Status
- Published