In the matter of Town of Colchester

-and

Municipal Employees Independent (MEUI)

Case No. MPP-20,664

Decision No. 3729

Appealed in New Britain Superior Court on 10/28/99

Docket No. CV99-498496

Memorandum of Decision issued 9/7/00

Plaintiffs Appeal from the Board's decision is sustained

Appealed to Appellate Court on 9/26/00

AC 21221

Appeal withdrawn 11/27/01

File closed 11/0l

 STATE OF CONNECTICUT
LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS

IN THE MATTER
TOWN OF COLCHESTER
DECISION NO. 3729

-and-
SEPTEMBER 14, 1999

MUNICIPAL EMPLOYEES UNION INDEPENDENT

(MEUI)

Case No. MPP-20,664

A P P E A R A N C E S:

Attorney Gerald P. Stergio

For the Town

Joy C. Bylan
For the Union

DECISION AND ORDER

On February 16, 1999, the Municipal Employees Union Independent (the Union) filed
with the Connecticut State Board of Labor Relations (the Labor Board) a complaint alleging that
the Town of Colchester (the Town) has refused to bargain in good faith over wages, hours and
working conditions for the position of Finance Director, in violation of ' 7-470(a)(4) of the
Municipal Employees Relations Act (the Act).

On March 23, 1999 an informal conference was held on the complaint. At this
conference the parties agreed to stipulate to the relevant facts in the case, including the Town=s
refusal to bargain over the Finance Director position. On April 8, 1999, the parties agreed to
waive a formal hearing in this matter. Both parties submitted briefs, the last of which was
received by the Labor Board on June 22, 1999. The Town filed a reply brief on July 19, 1999
and the Union filed a reply brief on July 22, 1999. The stipulation is hereby incorporated into
this Decision as Findings of Fact and it provides as follows:
 FINDINGS OF FACT

1. The Town of Colchester (the Respondent) is a municipal employer within the meaning of
the Municipal Employee Relations Act (the Act).

2. The Municipal Employees Union Independent (MEUI) (the Complainant) is an employee

organization within the meaning of the Act.

3. On December 19, 1997, the Connecticut State Board of Labor Relations in Decision No.
3560 certified that:

The Municipal Employees Union Independent (MEUI) has been

selected as the representative for the purposes of collective
bargaining by the majority of all supervisory employees including
the following: Highway Supervisor, Fleet Maintenance Supervisor,
Assessor, Social Services Director, Fire Marshall, Youth Services
Director, excluding the Park & Recreation Director, and Planner*,
and that said Municipal Employees Union Independent (MEUI) is
the exclusive representative of all said employees for the purposes
of collective bargaining in respect to wages, hours and other
conditions of employment.

*The question as to the inclusion of the Finance Director in the

proposed unit shall be determined at a formal hearing before the
Board of Labor Relations.

4. The Connecticut State Board of Labor Relations issued Decision No. 3560-A on January
29, 1998 which corrected Decision No. 3560 by including the position of Engineer as part of its
certification of representative.

5. On May 18, 1998, a formal hearing was held before the Board on the matter of the
inclusion of the Finance Director into the bargaining unit in which testimony was given and
evidence submitted by both parties.

6. On May 27, 1998, the Town filed a motion to reopen the hearing because it took issue
with the testimony of the Finance Director. On June 10, 1998, the Board denied this motion.

7. On December 3, 1998, the Decision and Amendment to Certification of Representative,

Decision No. 3560-B, was issued by the Connecticut State Board of Labor Relations in which
the Finance Director was included as a position within this bargaining unit.

8. On January 25, 1999, the negotiating committee of the MEUI met with the Town of
Colchester to finalize the collective bargaining agreement, and to discuss language incorporating

the Finance Director into that agreement.

9. At the January 25, 1999 meeting, the Town of Colchester refused to bargain with the
MEUI over wages, hours of work and other conditions of employment for the Finance Director.

10. On February 16, 1999, the MEUI filed a complaint with the Connecticut State Board of
Labor Relations, MPP-20,664, charging the Town of Colchester with violating Connecticut
General Statute 7-470(a)(4) by refusing to bargain collectively in good faith over the wages,
hours of work and other conditions of employment of the Finance Director position. As relief,
MEUI requests that this Board issue an order that the Town bargain in good faith over this
matter; an order that the Town reimburse MEUI for all costs associated with these proceedings;
and any other relief deemed appropriate by the Board.

11. On March 23, 1999, the Town of Colchester and the MEUI entered into a collective
bargaining agreement covering wages, hours of work and other conditions of employment for
those employees recognized in this bargaining unit which excluded the position of Finance
Director. It was understood by the parties that by entering into this collective bargaining
agreement, the MEUI did not waive any rights to bargain over the wages, hours of work and
other conditions of employment of the Finance Director position.

12. At all times pertinent to this matter, the Town of Colchester has refused to bargain
concerning wages, hours of work and other conditions of employment for the Finance Director
contained in the bargaining unit as amended by the Board in Case No. ME-19,290, Decision No.
3560-B.

13. The Town=s refusal to bargain is based on its objections to the inclusion of the Finance
Director position into this bargaining unit as determined by this Board in Decision No. 3560-B.
The objections are as follows:

a) The Decision violates the statutory provisions found in

Connecticut General Statute 7-467, et seq;

b) The Decision is contrary to established Board criteria

regarding confidential employee exclusions;

c) The Decision prejudices the substantial rights of the Town

pursuant to Connecticut General Statute 4-183(j) because:

i) The Decision was in violation of statutory provisions;

ii) The Decision was affected by other error of
law;
iii) The Decision was clearly erroneous in view
of the reliable, probative and substantial evidence
on the whole record; and,

 iv) The Decision was arbitrary or capricious or

characterized by abuse of discretion or clearly
unwarranted exercise of discretion.

14. MEUI specifically rejects each and every objection of the Town as enumerated above.

15. The Town of Colchester and the MEUI agree to waive their right to an evidentiary
hearing, pursuant to ' 7-471-61 of the General Regulations of the Act, and further agree that the
Board will decide this case on the basis of this Full Stipulation of Facts and the following list of
exhibits:
A. Complaint in MPP-20,664
B. CSBLR Decision No. 3560
C. CSBLR Decision No. 3560-B
D. Transcript ME-19,290 (Including Referenced
Exhibits) Hearing Date: May 18, 1998

16. The parties agree to submit their respective briefs on this case six (6) calendar weeks
after the execution date of this Full Stipulation of Facts and Exhibits and reply briefs, if any, four
(4) calendar weeks thereafter.

CONCLUSION OF LAW

1. The Town has refused to bargain in good faith in violation of ' 7-470(a)(4) of the Act.

DISCUSSION

The stipulated record presented establishes that the Town refuses to bargain with the
Union over the wages, hours and working conditions of the Finance Director. The Town=s
defense to the charge rests on its objection to the Labor Board=s determination in Decision No.
3560-B that the position of Finance Director should not be excluded from the bargaining unit on
the grounds that it is confidential or a Department Head. Our reasoning in this regard is fully set
forth in Decision No. 3560-B, and is expressly reaffirmed herein. A[T]raditionally a very large
degree of discretion has been accorded labor boards as regards bargaining unit determinations.@
Connecticut State Board of Labor Relations v. Board of Education of the Town of West
Hartford, 177 Conn 68, 74 (1979). The following order is therefore required.

ORDER

By virtue of and pursuant to the power vested in the Connecticut State Board of Labor
Relations by the Municipal Employees Relations Act, it is

ORDERED, that the Town of Colchester shall

I. Cease and desist from refusing to bargain with the Municipal Employees Union

Independent concerning the wages, hours and working conditions for the position of Finance
Director.
II. Take the following affirmative steps which the Board finds will effectuate the purposes
of the Act:

(a) Upon request, bargain with the Municipal Employees Union Independent concerning
the wages, hours and working conditions for the position of Finance Director;

(b) Post immediately and leave posted for a period of sixty (60) consecutive days from
the date of posting, in a conspicuous place where the employees involved customarily assemble,
a copy of this Decision and Order in its entirety; and

(c) Notify the Connecticut State Board of Labor Relations at its offices in the Labor
Department, 38 Wolcott Hill Road, Wethersfield, Connecticut, within thirty days of the receipt
of this Decision and Order of the steps taken by the Town of Colchester to comply herewith.

CONNECTICUT STATE BOARD OF LABOR RELATIONS

John H. Sauter
John H. Sauter
Chairman

C. Raymond Grebey
C. Raymond Grebey
Board Member

Wendella A. Battey
Wendella A. Battey
Board Member

 CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid this 14th day of
September, 1999 to the following:

Joy C. Bylan

MEUI RRR

110 Randolph Road, P.O. Box 1268

Middletown, Connecticut 06457

Attorney Gerald P. Stergio

Shipman & Goodwin

RRR
One American Row

Hartford, Connecticut 06103

Jenny Contois, First Selectman

Town of Colchester

Town Hall, 127 Norwich Avenue

Colchester, Connecticut 06415

______________________________

Jaye Bailey Zanta, General Counsel

CONNECTICUT STATE BOARD OF LABOR RELATIONS