City of New Britain and IAFF, Local 992
Arbitrators can order a municipality to promote individuals who were on a 2007 promotional list that expired in 2008 and was not extended. Previously, the union and the city disputed whether the union's claim that the city wrongly failed to promote firefighters whose names were on a promotional list was arbitrable. The promotional list was certified in June 2007 and expired in June 2008. The city denied the union's request to extend the promotional list. The union maintained that the city left four positions vacant for an extended period. The city argued that Connecticut General Statutes §7-474(g) exempted the promotional exam process from collective bargaining. The city also argued that even if there were vacant leadership positions for deputy and assistant chiefs, there were no vacant positions for fire lieutenants, and the promotional exam was for fire lieutenants. After arbitrators found that the matter was arbitrable, the city moved to vacate the preliminary arbitration award. A Superior Court concluded that a decision was premature, because the arbitrators had not issued a remedy, and it remanded to the Board of Mediation and Arbitration. On remand, arbitrators found that the city violated the collective bargaining agreement, because it failed to promote firefighter candidates whose names were on the promotional list. Arbitrators ordered the city to promote, effective December 2011, three individuals from the June 2007 promotional list to vacant positions. Mary Pokorski represented the municipality, and Eric Chester represented the union.