CONNECTICUT STATE BOARD OF MEDIATION AND ARBITRATION
LABOR DEPARTMENT
38 WOLCOTT HILL ROAD
WETHERSFIELD, CONNECTICUT
Thursday, December 05, 2019
‘TRANSMITTAL MEMORANDUM
Hartford, City of
and
APU
Local
Case # 2019-4-0156 Class Action 4
ARBITRATION AWARD
Copies were seat to the following parti
Marshall Segar, Esquire Louis Pittoceo, Esquire
Alexandra Lombardi, Esquire Steven R. Werbner
‘Cherese Chery, Dir. Of LR. Betty Kuehnel
John Szewrzyk, Esquire
Town Clerk*
File
“When applicable, this transmittal is filed with the town CONTACT PERSON
clerk in accordance with Section 31-98, Chapter 560, of fvetin: Hermadion
the Connecticut General Statutes,STATE OF CONNECTICUT
STATE BOARD OF MEDIATION AND ARBITRATION
ShhinteRekekeneenieaeteatesie Carole: 2019-A-0156
In the matter of _
. Dates of Hearing: April 17, 2019
CITY OF HARTFORD *
* Date of Award: iDecember 5, 2019
candi *
. Place of Hearing: 38 Wolcott Hill Road
HARTFORD POLICE UNION * Wethersfield, CT
Preeti rsrererr tess i eNreeens
: Alexandra D. Lombardi, Esq.
: Marshall T. Segar, Esq.
ISSUE
Did the City of Hartford violate Appendix I or Appendix B of the Collective Bargaining
Agreement when the number of Captains fell below five (5) effective March 4, 2017?
If'so, what shall the remedy be?
PERT! CONTRACT CLAUSE:
SSIFIC, ND WEEKLY P, sLIC SAFETY
Appendix B includes the applicable pay scales for the Members of the bargaining unit
APPENDIX I - DEP! ES
Lit Chief of Police may assign, on a voluntary basis, no more than a total of six (6) Police
Lieutenants and/or Captains to exempt, non-bargaining unit positions. Such assignments will be
puide at the sole discretion of the Chief and will be for durations as determined by the Chief of
Police. Employees who accept such assignments will be compensated at a wage rave which ie ne
tess than that of their permanent classifications.
In consideration of this, five (5) Police Captains shall be appointed Prior to August 15, 1994; and,
the positions authorized for Lieutenant shall be filled prior to January 1, 1996 “These positions
shall not be decreased to allow for the assigning of Deputy Chief
FACTS
$2 March 3, 2017, five (5) Police Captains were employed for the City of Hartford Police
Department. On March 3, 2017, Achilles Rethis retired, leaving the Police Department with fourCaptains. On April 15, 2017, Captain Daniel DePinto retired, without a replacement, followed by
James Buyak on June 2, 2017. The following year, Bruce Roy retired on May 2, 2018; and. Jason
Thody retired on June 15, 2018. There was no certified promotional list on March 3, 2017, te ll
the vacancies; and, the positions remained vacant until September 23, 2018. All five (5) Captain
positions were filled on September 23, 2018
At issue is the Collective Bargaining Agreement from July 1, 2010, to June 30, 2016, between the
City of Hartford and the Hartford Police Union. The Collective Bargaining Agreement has a
provision whieh states “five (5) Police Captains shall be appointed priot to August 15, 1994; and,
{Be positions authorized for Licutenant shall be filled prior to January 1, 1995. These positions
shall not be decreased to allow for the assigning of Deputy Chief Since the number of Police
‘Capiains decreased below five, the Hartford Police Union claims the City of Hartford violated the
Collective Bargaining Agreement
On October 25, 2018, Sergeant John Szewezyk, Jr. filed a grievance on behalf of Hartford Police
Union Seugeant Szeweryk alleged violations of Appendix B, Classifications and Pay Ranges,
and Appendix I, Deputy Chiefs, within the Collective Bargaining Agreement between the City of
Hartford and Hartford Police Union.
POSITIONS OF THE PARTIES
The Hartford Police Union claims the City of Hartford violated the Collective Bargaining
ercement by allowing the number of Police Captains to decrease below five (5) at any given
to the employees promoted to Captain effective March 3, 2017.
‘The City of Hartford submits that there was no violation of the Collective Bargaining Agreement,
DISCUSSION
Not until September 23, 2018 were five (5) Lieutenants promoted to Captain. The positions layHowever, nothing inthe Agreement states thatthe City must “maintain” five (6) Police Captains,
provicion ge Union, “Also, there is nothing in the Agreement that provides a remedy of tac
CONNECTICUT STATE BOARD OF
MEDIATION AND ARBITRATION