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 fourCaptains. 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 layHowever, 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