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McCann v. Dept. of Environmental Protection
State: Connecticut
Court: Supreme Court
Docket No: SC18102
Case Date: 08/05/2012
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

MICHAEL MCCANN v. DEPARTMENT OF ENVIRONMENTAL PROTECTION ET AL. (SC 18102)
Rogers, C. J., and Norcott, Katz, Palmer and Schaller, Js. Argued April 14--officially released August 5, 2008

Thadd A. Gnocchi, assistant attorney general, with

whom were William J. McCullough, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, for the appellants (defendants). Michael S. Hillis, with whom, on the brief, was Jennifer Podolak, for the appellee (plaintiff).

Opinion

ROGERS, C. J. The defendants, the department of environmental protection (department) and Gina McCarthy, the commissioner of environmental protection (commissioner), appeal1 from the judgment of the trial court vacating an arbitration award in their favor. After the department terminated the plaintiff, Michael McCann, from his employment as an emergency response coordinator, the plaintiff filed a grievance and ultimately submitted the matter to arbitration pursuant to the terms of a collective bargaining agreement. The arbitrator rendered an award in favor of the defendants, concluding that the plaintiff's termination had been for just cause and did not violate the collective bargaining agreement or state law. The plaintiff then filed an application to vacate the award pursuant to General Statutes
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