UPSEU WINS IN APPELLATE COURT FOR HAMDEN DPW MEMBERS 

The State of Connecticut Appellate Court reaffirmed a lower court ruling concerning  Hamden Public Works members related to a recycling grievance.   The Court issued a per curiam decision affirming the judgment of the trial court. A per curiam decision is one that is not accompanied by a written opinion, explaining the brevity of the decision.

This means that UPSEU’s five members who were laid off two years ago must be rehired and awarded all back pay.  It also means many other employees demoted for a brief period will be made whole.

Superior Court Judge Angela C. Robinson last August sided with a State Board of Mediation and Arbitration decision that the town violated sections of the public works contract, and that the employees had to come back. The Town of Hamden appealed to the Appellate Court. The union based its argument on a 1992 agreement it had with the town that said no public works employees could be laid off as long as the town subcontracted recycling work. Town workers did recycling duties up until 1992, when the work was outsourced.

The town had argued that it had the right to lay off union employees who were hired after June 1, 1992, even though recycling is still subcontracted.

Wayne Gilbert, Regional Director of the United Public Service Employees Union, of which the public works union is a part, has maintained the appeal was a waste of time and taxpayer’s money.  “In my opinion, people running the Town of Hamden don’t seem to have to answer to the taxpayer about how much they’re spending on legal fees,” said William J. Ward, attorney for the union. The town previously lost a similar case with the parks and recreation union represented by UPSEU, and had to hire back four parks maintainers and one secretary.

Justice has once again prevailed!