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Laws-info.com » Cases » Connecticut » Appellate Court » 2000 » New Haven v. Local 884, Council 4, AFSCME, AFL-CIO
New Haven v. Local 884, Council 4, AFSCME, AFL-CIO
State: Connecticut
Court: Court of Appeals
Docket No: AC18889
Case Date: 07/18/2000
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. ****************************************************** CITY OF NEW HAVEN v. LOCAL 884, COUNCIL 4, AFSCME, AFL-CIO (AC 18889)
Landau, Spear and Mihalakos, Js. Argued January 10--officially released July 18, 2000 Counsel

J. William Gagne, Jr., with whom, on the brief, was Jason W. Cohen, for the appellant (defendant). Audrey C. Kramer, assistant corporation counsel, for the appellee (plaintiff).
Opinion

LANDAU, J. The defendant, Local 884, Council 4, AFSCME, AFL-CIO (union), appeals from the judgment rendered by the trial court granting an application to vacate an arbitral award filed by the plaintiff, the city of New Haven (city). On appeal, the union has raised numerous issues with respect to the court's granting of the application to vacate on the basis of public policy. The union also claims that there was insufficient evidence to grant the application. We affirm the judgment of the trial court.

This case has a protracted and complicated history in our trial and appellate courts, which is found in the courts' several opinions. ``On April 18, 1986, the [city] terminated the grievant, Benedetto Minichino, from his position as a sanitarian. The matter was brought to the [state board of mediation and arbitration (board)], and the [city] appealed to the trial court from an award in favor of the grievant. The matter was returned to the board, where each party sought and received at least one continuance. It was then assigned for what was to be a final hearing on August 14, 1991. ``Clifton E. Graves, Jr., the attorney handling the matter for the [city], became ill the night before the scheduled hearing. Graves called the board offices the next morning and spoke first to the attorney for the [union]. She advised him that the granting of a continuance was the board's decision. The board chairperson then told Graves that the hearing would be held in his absence and that he could send someone else. ``A proposed agreement was read to Graves after he spoke with counsel for the [union], and Graves agreed to a resolution.'' New Haven v. Local 884, Council 4, AFSCME, AFL-CIO, 38 Conn. App. 709, 710
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