ALVORD, J.
The plaintiff, American Federation of State, County and Municipal Employees, Council 4, Local 1303-385 (union), appeals from the judgment of the trial court denying its application to vacate an arbitration award. On appeal, the union claims that the court should have vacated the award because (1) the arbitration panel failed to comply with the requirements of General Statutes § 7-473c (d)(6) and (9), and (2)
The following facts are relevant to the union's appeal. The union and the defendant Town of Westport Department of Public Works (town),
In its twenty-seven page award, the panel first provided an introduction in which the panel discussed the procedural history of the mandated arbitration. The concluding sentence in that introduction stated: "The agreed-upon language submitted to the panel is incorporated and made a part of this award." The section immediately following the introduction set forth the statutory factors that the panel was required to consider in reaching its decision: "[T]he arbitration panel shall give priority to the public interest and the financial capability of the municipal employer, including consideration of the demands on the financial capability of the municipal employer. The panel shall further consider the following factors in light of such financial capability: (A) The negotiations between the parties prior to arbitration... (B) the interest and welfare of the employee group ... (C) changes in the cost of living ... (D) the existing conditions of employment of the employee group and those of similar groups; and... (E) the wages, salaries, fringe benefits, and other conditions of employment prevailing in the labor market, including developments in private sector wages and benefits."
The panel then discussed each unresolved issue. After presenting the town's position and the union's position, including their last best offers and the evidence presented over the course of the six day hearing, the panel indicated which last best offer it had decided to accept. For most of the issues, the majority of the panel members accepted the last best offer of the town. The town-appointed arbitrator and the neutral arbitrator were in agreement on all of the issues, whereas the union-appointed arbitrator uniformly dissented.
On April 16, 2012, the union filed an application to vacate the arbitration award pursuant to General Statutes § 52-418.
The union's first claim is that the arbitration panel failed to comply with the requirements of § 7-473c (d)(6) and (9). We begin by setting forth the legal principles that guide our analysis. "The mandatory binding arbitration that is authorized by MERA does not permit the arbitration panel to exercise the broad discretion normally associated with consensual arbitration. Section 7-473c (d) limits the discretion of the arbitration panel in two significant respects. First, with regard to any issue that the parties have not been able to resolve themselves, the statute confines the discretion of the arbitration panel to a choice between the last best offer of one party or another.... Second, in the exercise of a choice between one or another last best offer, the arbitration panel must give priority to the public interest and the financial capability of the municipal employer...." (Citations omitted; internal quotation marks omitted.) International Brotherhood of Police Officers, Local 564 v. Jewett City, 234 Conn. 123, 132, 661 A.2d 573 (1995).
Questions of law decided by arbitrators in compulsory arbitration proceedings are subject to de novo review. See Aetna Life & Casualty Co. v. Bulaong, 218 Conn. 51,
We agree with the trial court that Bridgeport Firefighters Assn., IAFF, Local 834 v. Bridgeport, supra, 48 Conn.App. at 667, 711 A.2d 1188, controls the resolution of the union's claim in the present appeal. In Bridgeport, this court construed the language of § 7-473c, the same statute that is at issue in the present appeal. The sole issue on appeal in Bridgeport was "whether each member of the ... panel failed to state the specific reasons and standards used in making his choice on each unresolved issue, thereby exceeding the ... panel's powers or so imperfectly executing them that a final and definite award was not made." Id., at 668, 711 A.2d 1188.
In its award, the panel in Bridgeport stated: (1) the panel had reviewed the record of the evidence and the positions of the city and the union; (2) the members had arrived at the award by applying the statutory criteria of § 7-473c (d), which it then recited in the award; and (3) "[t]he decisions on the individual issues hereinafter set out are the decisions agreed to by all members of the panel. The specific reasons given and standards used in said decisions are adopted by all members of the panel." (Emphasis omitted; internal quotation marks omitted.) Id. Thirty issues had been presented to the panel in Bridgeport. Each issue determination by the panel concluded with the following statement: "Based on a preponderance of the evidence submitted by the parties and giving priority to the public interest and financial capability of the City, and considering the other statutory factors in light of the financial capability of the City of Bridgeport and the public interest, the offer of the [city or union] is awarded by the arbitration panel." (Internal quotation marks omitted.) Id., at 669, 711 A.2d 1188.
Applying the well settled principles of statutory construction, this court in Bridgeport held as follows: "[I]t is not a rational interpretation of the statute to require each panel member to set forth the specific reasons and standards used in making his choice on all thirty issues where the report from the panel indicates that the specific reasons given and standards used were agreed to by all members of the panel. To have each member set forth his views individually is not a rational requirement if the same result can be accomplished by reporting what all the members agreed to, rather than setting them forth individually. It would be unreasonable to require each panel member to set forth his views even when his views are consistent with those of his colleagues. We hold that the award complied with § 7-473c (d)(1)."
Here, the members of the panel recited the applicable statutory factors that they relied on in making their decisions,
The union's final claim is that the court should have vacated the arbitration award because it violated public policy. Specifically, the union argues that enforcement of the award would be illegal because (1) the award was not in compliance with § 7-473c
"[I]t is well-understood that courts will not enforce an arbitration award if the award itself violates established law or seeks to compel some unlawful action. However, this rule, which is sometimes referred to as a public policy exception, is extremely narrow .... [I]t is plain ... that an arbitration award may not be enforced if it transgresses well defined and dominant laws and legal precedents. It is also clear ... that judges have no license to impose their own brand of justice in determining applicable public policy; thus, the exception applies only when the public policy emanates from clear statutory or case law...." (Emphasis
The trial court determined, and we agree, that the unambiguous language of § 7-450 is not applicable under the circumstances of this case. The trial court concluded that "the text of the statute makes it clear that it applies only where a municipality acts by ordinance, or alternatively by resolution, to establish a pension benefits system or to amend a special act pertaining to such system." (Internal quotation marks omitted.) See footnote 9 of this opinion. Here, the changes made to the pension agreement were made through the collective bargaining process under MERA, not by ordinance. Accordingly, the union's final claim has no merit.
The judgment is affirmed.
In this opinion the other judges concurred.
General Statutes § 52-418(a) provides in relevant part: "Upon the application of any party to an arbitration, the superior court ... shall make an order vacating the award if it finds any of the following defects: (1) If the award has been procured by corruption, fraud or undue means; (2) if there has been evident partiality or corruption on the part of any arbitrator; (3) if the arbitrators have been guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy or of any other action by which the rights of any party have been prejudiced; or (4) if the arbitrators have exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made."