Williams v. City of New Haven, 329 Conn. 366

Summary

The Connecticut Supreme Court held that General Statutes § 31-51bb permitted an employee covered by a collective bargaining agreement to pursue a retaliation claim under § 31-290a before the Workers’ Compensation Commission, notwithstanding a prior arbitration decision concerning the employee’s termination. The court concluded that collateral estoppel did not bar the claim and affirmed the Compensation Review Board’s decision.

Holdings

1. General Statutes § 31-51bb permits an employee covered by a collective bargaining agreement to pursue a statutory cause of action under § 31-290a before the Workers' Compensation Commission despite a prior adverse arbitration decision concerning the employee's termination.
2. A limited application to vacate an arbitration award under General Statutes § 52-418(a)(4) is not equivalent to pursuing a § 31-290a statutory cause of action in a court or before the Workers' Compensation Commission.
3. The court did not need to decide whether the arbitration issue and the § 31-290a issue were identical because § 31-51bb protects the statutory claim even when the prior arbitration involved the same or a similar claim.

Questions Presented

1. Whether General Statutes § 31-51bb permits an employee covered by a collective bargaining agreement to pursue a statutory retaliation claim under § 31-290a before the Workers' Compensation Commission after a related issue was adversely decided in arbitration under the collective bargaining agreement.
2. Whether the employee's prior application in Superior Court to vacate the arbitration award satisfied § 31-51bb's reference to pursuing a cause of action in a court of competent jurisdiction.
3. Whether collateral estoppel barred the § 31-290a claim because the arbitration panel had previously determined that the City had just cause to terminate Williams.

Disposition

affirmed