Opinion
No. CV08-4034957S
September 11, 2008
MEMORANDUM OF DECISION ON APPLICATION TO VACATE
On January 14, 2008, the plaintiff (State) filed an application to vacate an arbitration award in favor of the defendant (Union) on the ground that the award was filed late, pursuant to the parties' Collective Bargaining Agreement (CBA), thereby rendering it void.
The following facts are undisputed: The State and the Union submitted a dispute involving interpretation of the CBA to arbitration. A hearing was conducted and the parties filed briefs, after which, on November 14, 2007, the record was closed. Under the CBA award was due thirty days after the record was closed, or December 14, 2007. Neither party requested an extension of time. The award stated that the "DECISION AND AWARD DATE" was December 14, 2007. The decision was postmarked December 17, 2007, and was received by the parties on December 19, 2007.
CBA, Article 16 § 9.
The court finds that the award was issued late within the meaning of the CBA and under settled Connecticut law. In Hayes v. Travelers Indemnity Co., 26 Conn.App. 418, 421 (1991), the Appellate Court held that "the thirty day time limit for the rendering of an award is equally applicable to the notice of that award. We hold, therefore, that not only must the award be rendered within the thirty day time limit, but that notification of the award must also be given within the same thirty day time limit." See also Bell v. Bell, No. FA99-0175297S (Stamford J.D. June 14, 2002), 32 Conn. L. Rptr. 324, 2002 WL 1558571.
The court was referring to the 30-day time limit set forth in C.G.S. § 52-416(a) but the reasoning in Hayes is equally applicable to this case.
The application to vacate the award is therefore granted.