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CV : SUPERIOR COURT
:
CITY OF HARTFORD : J.D. HARTFORD
Applicant :
V. : AT HARTFORD
:
HARTFORD FIREFIGHTERS UNION, : APRIL 21, 2011
LOCAL 760, IAFF, AFL-CIO, CLC
Respondent
Hartford employees for the purposes of collective bargaining under the Municipal
directive from then Fire Chief Charles Teale, an African-American, advising him to
remove his motor vehicle from the interior of the fire station at Engine Co. 9.
Service report by Firefighter Kerry B. Foster, Sr., an African American who had
contained four of five bumper stickers that he considered racially offensive. (Fire
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6. It was observed through testimony at the Second Step of the Grievance
process that DiGiacomo had just put the stickers on the motor vehicle within the three
months preceding Fosters complaint to Chief Teale. (See Second Step Grievance
Decision, Jt. Exh. 5 of Arb. Rec. and attached hereto as Applicant’s Ex. C). This
760, IAFF, AFL-CIO, CLC filed a grievance alleging that the City violated the Entire
Collective Bargaining Agreement when DiGiacomo was told by the department that he
would no longer be allowed to park inside the firehouse and could possibly be denied
process and was claimed for arbitration to the State Board of Mediation and
Arbitration.
9. The Parties agreed to the following statement of the issue before the
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See US Census Data, 2000, Census Tract 5047 and 5048.
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Did the City of Hartford violate the Collective Bargaining Agreement
with Local 760 when it denied Michael DiGiacomo the right to park his
vehicle inside the Engine Co. 9 station?
December 9, 2010 with the panel members consisting of arbitrators: Peter Blum,
Member.
11. The following exhibits were put into evidence during the hearing:
Applicants, Exh. A)
as Applicants, Exhibit D)
Exhibit C)
12. On January 7, 2011, both parties submitted briefs to the arbitration panel.
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13. On January 20, 2011, Respondent submitted a reply brief, at which time
14. On March 22, 2011, the State Board of Mediation and Arbitration issued
a written Award (the “Award”) finding that the City violated 3.4 2 of the Collective
Bargaining Agreement when it directed DiGiacomo to remove his motor vehicle from
inside the fire station at Engine Co. 9 and that DiGiacomo was free to park his vehicle
at Engine Co 9 with the five (5) bumper sticks or any other fire station at which he is
assigned to work. (A true and correct copy of the Award is attached hereto and
15. The Award should be vacated for one or more of the following reasons:
a) The Award violates clear public policy and established law of the
State of Connecticut, the policies of the City of Hartford and the
Hartford Fire Department Directives re: Anti-Discrimination in the
Workplace; and
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3.4 of the Collective Bargaining Agreement is the Prior Benefits and Practices provision and states, “Any job
benefits or work practices existing prior to the date of the Agreement that were established in written documents
issued by duly authorized City agencies or officials and which are not specifically provided for or abridged in
this Agreement shall continue in effect. The City shall have the right to make reasonable changes in such job
benefits or work practices provided that the City shall discuss any such changes with the Union before such
changes are made, and the Union shall have access to the grievance procedure to determine whether such
changes are reasonable as required herein.”
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b) The arbitrators 3 on the panel exceeded their powers and so
imperfectly executed their powers that a mutual, final and definite award
upon the matter submitted was not made, in that, among other things, the
Award was not issued in compliance with the General Statutes or the
Regulations of Connecticut State Agencies.
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Not including the dissenting arbitrator, Michael C. Culhane, Management Member.
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Hartford Fire Departments’ discretion and public safety
and apparatus at each of its fire stations and where the Award
parking inside.
day certain to show cause, if any there be, why this application
CITY OF HARTFORD