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AFSCME, COUNCIL 4, LOCAL 704 v. DEPARTMENT OF PUBLIC HEALTH (SC 17120)
Borden, Norcott, Katz, Vertefeuille and Zarella, Js. Argued November 29, 2004--officially released February 1, 2005

Thomas P. Clifford III, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and William J. McCullough, assistant attorney general, for the appellant (defendant). J. William Gagne, Jr., with whom, on the brief, was P. Jo Anne Burgh, for the appellee (plaintiff).
Opinion

KATZ, J. The principal issue in this certified appeal1 is whether the plaintiff, American Federation of State, County and Municipal Employees, Council 4, Local 704, waived the right to challenge an unfavorable arbitration award as untimely when it expressly granted the arbitrator's request for a time extension to render his decision, while the defendant, the department of public health, remained silent with respect to the arbitrator's request. The defendant appeals from the Appellate Court's reversal of the judgment of the trial court, which had denied the plaintiff's application to vacate the award and granted the defendant's cross application to confirm the award. AFSCME, Council 4, Local 704 v. Dept. of Public Health, 80 Conn. App. 1, 14, 832 A.2d 106 (2003). Specifically, the defendant claims that the Appellate Court improperly concluded that the plaintiff's unilateral grant of the time extension had been ineffective in the absence of the defendant's consent and, therefore, could not constitute a waiver of the right to challenge the untimeliness of the award. We agree with the defendant and, accordingly, we reverse the judgment of the Appellate Court. The Appellate Court's opinion sets forth the following relevant facts and procedural history as provided in the trial court's memorandum of decision. ``The [plaintiff] requested arbitration of a grievance against the defendant . . . pursuant to

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Connecticut Law