DocketNumber: No. CV00 0071059S
Citation Numbers: 2001 Conn. Super. Ct. 4496
Judges: ARNOLD JUDGE.
Filed Date: 3/29/2001
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff's complaint contains three counts. The First Count is directed at the defendant union for its lack of fair representation. The Second and Third Counts are directed against Eugene Mascolo, a Lieutenant in the City of Derby Police Department.
Count Two as to Mascolo claims an intentional infliction of emotional distress and Count Three against Mascolo alleges slander.
In relevant part, the complaint sets forth that the plaintiff was a Supernumerary Police Officer in Derby and was a member of the defendant CT Page 4497 union. As a member of said union, he was entitled to the protections of the collective bargaining agreement that existed between the defendant union and the City of Derby.
During May, 1995, the plaintiff was placed on "administrative leave," though the plaintiff claims there was no provision for such leave in the collective bargaining agreement. The plaintiff requested that the union file a grievance in his behalf, but the union failed to do so.
In March, 1996, after a disciplinary hearing was held, the plaintiff was suspended from his duties as a Supernumerary Police Officer for a period of "sixty bookings." The plaintiff again requested that the union file a grievance, grieving his suspension. This time the union did file a grievance in the plaintiff's behalf and the matter was brought before the State Labor Relations Board.
On or about January 22, 1999, the defendant, acting through its counsel, recommended that the plaintiff enter into an agreement with the City of Derby resolving all issues, but the plaintiff refused to do so. Despite the plaintiff's objections and his refusal to consent to the agreement, the defendant union entered into the agreement with the City of Derby.
The plaintiff claims that the union breached its duty of good faith and fair representation to himself and, further, that the union acted in an arbitrary manner by failing to grieve the initial administrative leave, and by entering into the agreement with the municipality, all to the plaintiff's detriment. The plaintiff is seeking monetary damages.
The defendant in seeking to dismiss the First Count argues that2General Statutes §
Pursuant to Connecticut Practice Book §
"The doctrine of exhaustion is grounded in a policy of fostering an orderly process of administrative adjudication and judicial review in which a reviewing court will have the benefit of the agency's findings and conclusions." Connecticut Life and Health Ins. Guaranty Assn. v.Jackson,
"Despite the important policy considerations underlying the exhaustion requirement, we have grudgingly carved several exceptions from the exhaustion doctrine. Cahill v. Board of Education,
"A union must represent its members in good faith. This duty of fair representation derives from the union's status as the sole bargaining representative for its members. As such, the union has the exclusive right and obligation to act for its members and to represent their interests." See General Statutes §
The plaintiff has claimed that the defendant union acted arbitrarily in two instances. The first instance is when the defendant was placed on administrative leave in May, 1995. He requested that the union file a grievance in his behalf and the union did not fairly represent him was in January, 1999 when the defendant union, having pursued the plaintiff's grievance regarding his suspension, entered into an agreement with the City of Derby resolving all issues, without the plaintiff's consent.
As to the first instance in May, 1995, the court finds that the plaintiff did not pursue any action against the defendant for a "lack of fair representation" with the State Board of Labor Relations. By not pursuing that option in 1995, the plaintiff cannot come before the court at this time, claiming that any attempt at exhausting his administrative remedy would have been futile in 1995. As to the first allegation contained in Count One, the court finds that the plaintiff did not exhaust his administrative remedy. Saccardi v. Board of Education,
The next issue is whether the defendant union acted arbitrarily and in bad faith when it settled the plaintiff's grievance involving the CT Page 4500 plaintiff's March, 1996 suspension without the plaintiff's agreement or consent. This issue is more complex, as the record before the court reveals no details of the terms of the collective bargaining agreement and no details of the agreement reached between the defendant union and the City of Derby. The court, therefore, is without guidance as to whether the collective bargaining agreement allows the defendant union the power to enter into the agreement without the plaintiff's consent or whether the plaintiff in any manner, however limited, benefitted by the agreement negotiated by the union. The plaintiff's allegations, as framed in his complaint, lead the court to believe that the union did inform the plaintiff of the terms of the agreement, even though the terms did not meet the plaintiff's approval. Absent evidence to the contrary, the court also assumes that the decision of the defendant union to enter into the agreement was not arbitrary or dishonest with an intent to mislead the plaintiff. Rather, it was a product of negotiation and compromise. The court, however, cannot assume for the benefit of making this decision, and by lacking information otherwise, that the terms of the collective bargaining agreement empowers the defendant to enter into an agreement without the specific consent of its plaintiff-member.
The plaintiff, lastly, argues that the remedies provided in General Statutes §
While the defendant is correct in its argument that the remedies stated in Connecticut General Statute §
The plaintiff has demonstrated to the court's satisfaction that the resort to administrative exhaustion would be inadequate or futile due to the lack of an adequate remedy.
Accordingly, the motion to dismiss is denied. CT Page 4501
The Court
By Arnold, J.
Connecticut Life & Health Insurance Guaranty Ass'n v. ... , 173 Conn. 352 ( 1977 )
Richardello v. Butka , 45 Conn. Super. Ct. 336 ( 1997 )
Watergate v. Buffalo Sewer , 46 N.Y.2d 52 ( 1978 )
Air Line Pilots Ass'n v. O'Neill , 111 S. Ct. 1127 ( 1991 )
Ford Motor Co. v. Huffman , 73 S. Ct. 681 ( 1953 )
Humphrey v. Moore , 84 S. Ct. 363 ( 1964 )