Derby Denied

STATE OF'CONNECTICUT LABOR DEPARTMENT

CONNECTICIJT STATE BOARD OF LABOR RELATIONS

IN THE MATTER OF CITY OF DERBY DECISION NO. 4422 -and-

DECEMBER 1,2009

LOCAL 1303-006, COTINCIL AFSCME,, AFL-CIO

4

CASE NO. MDR-28,784

APPEARANCES: Attorney Joseph Coppola For the City Attorney J. William Gagne, Jr. For the Union

DENIAL OF PETITION FOR DECLARATORY RULING On October 14,2009, the City of Derby (the City) filed a Petition for Declaratory Ruling with the Connecticut State Board of Labor Relations (the Labor Board) alleging that the Labor Board's decision and order in City of Derby, Decision No. 4407 (2009) does not require the removal of Annex Associates prior to commencing negotiations with Local 1303-006 of Council4, AFSCME, AFL-CIO (the Union).

After Decision No. 4407 issued, the City and the Union disagreed about whether the City had complied with the Labor Board's order. When informal efforts at resolution were unsuccessful, the parlies returned to the Labor Board for a hearing on compliance on Novemb er 4,2009 . The City's petition for declaratory ruling was taken up at the same time. Both parlies appeared, were represented and allowed to present evidence, examine and cross-examine witnesses and make argument. Based on the entire record before us, we decline to issue a declaratory ruling in this matter.

BACKGROUND AND FACTS

'

On November 13, 2008, the Union filed a complaint with the Labor Board alleging that the City had violated Section 7-470 of the Act by failing to abide by a settlement agreement reached in resolution of Case No. MPP-27 ,4I0. After a hearing, the Labor Board issued Decision No. 4407 in which it found that the City had breached the settlement agreement in Case No. MPP-27,410 and violated the Act when it did not seek and obtain the approval of the Union to extend the time frame contained in the agreement for Annex Associates to continue to operate the transfer station. The Labor Board ordered the City, in addition to the standard notice posting requirements, to:

I.

Cease and desist from:

A.

Failing to comply with a valid prohibited practice settlement agreement, including: 1) failing to comply by continuing to employ Annex Associates in contravention of the terms of the agreement; 2) failing to negotiate with the Union regarding any extension of the contract with Annex Associates;

II.

Take the following affirmative action, which we find wiil effectuate the purposes of the Act:

A.

Negotiate with the Union regarding all of the terms and conditions of the applicable settlement agreement. .,

On or about September 15,2009 the City sent a letter to the Union, copy to the Labor Board, regarding Decision No. 4407. In the letter, the City requested that the Union provide its availability "to commence negotiations regarding 'all of the terms and conditions' of the Settlement Agreement dated August 8, 2008" and listed dates it was available, After receiving this letter, James Castelot, Union Staff Representative, infonned Labor Board Agent Katherine Foley that Annex Associates was still operating the City's transfer station, and that he was uncomfoftable negotiating with the City while Annex Associates was still there. An ultimately unsuccessful informal hearing on compliance was held on October 6,2009 between the parties and Labor Board agents. Negotiations between the City and Union never took place. Throughout, Annex Associates has continued to operate Derby's transfer station.

DISCUSSION In its Petition for Declaratory Ruling, the City requests "clarification" on these questions:

a. Does the cease and desist require that Annex be removed from Transfer Station prior to commencement of negotiations with the Union?

b.

Does the cease and desist require that the Employer assign the employees to work at the Transfer Station prior to commencement of negotiations with the

Union?

c.

Does the cease and desist allow the Union to refuse to commence negotiations unless and until Annex is removed from the Transfer Station?

d.

Does the cease and desist allow the Union to refuse to commence negotiations unless and until the Employer assign (slc) the employees to work at the Transfer Station?

Section 7-471-37 of the regulations related to collective bargaining for municipal employees provides that Whenever there is a substantial and immediate threat to rights protected by the Municipal Employee Relations Act a person or organizationmay request a declaratory ruling by the board with respect to the applicability to such person or organization of any statute, regulation, or order enforced, administered or

promulgated by the board... We have carefully reviewed the Complainant's submission in this matter. We find that the questions presented are not appropriately answered through a declaratory ruling. The petition filed by the City does not satisfr any of the requirements to be considered a petition for declaratory ruling under the Act: it does not seek a ruling involving the applicability of a statute, regulation or order under the Labor Board's jurisdiction, nor does it identify a substantial or immediate threat to rights protected under the Act. A plain reading of the petition indicates that it requests clarification of the Labor Board's order, a matter that is appropriate for the compliance proceeding process that the parlies have also

invoked. Simply put, this is not a proper subject of a petition for declaratory ruling before Labor the Board. We decline to issue a declaratory ruling on this Petition.

CONNECTICUT STATE BOARD OF LABOR RELATIONS John W. Moore, Jr. John W. Moore, Jr.

Chairman Patricia V. Low Patricia V. Low Board Member Wendella Ault Batte)' Wendella Ault Battey Board Member

CERTIFICATION I hereby cerlify that a copy of the foregoing was mailed postage prepaid this 1sr day of December, 2009 to the following: Attorney J. William Gagne, Jr. Gagne & Associates 970 Farmington Avenue, Suite 207 West Hartford, CT 06107

Attorney Joseph Coppola 115 Technology Drive Trumbull, CT 06611

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Kevin M. Murphy Director of Collective Bargaining Council 4, AFSCME, AFL-CIO 444EastMain Street New Britain, CT 06051 Anthony Staffieri, Mayor City of Derby City Hall, I Elizabeth Street Derby, CT 06418 mer ,

AFL-CIO 51

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M. Gross, Acting CTICUT STATE B

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I Counsel OF LABOR RELATIONS