Metropolitan District Commission and AFSCME, Council 4, Local 184
The Metropolitan District Commission, as a contractor for the Connecticut Resource Recovery Agency, decided to cease operating a waste processing facility. The union filed a class-action grievance on behalf of employees with 10 or more years of service who allegedly were entitled to reassignment at the discretion of the Metropolitan District Commission. The commission objected that the union was not permitted to file complaints, because the parties' agreement provided, "These reassignments shall not be grieved under the contract, nor shall any complaint or charge be filed by the Union with respect to these reassignments." Arbitrators found that the grievance was arbitrable. The collective bargaining agreement includes a broad arbitration clause. A strong presumption exists in favor of arbitrability, and the parties dispute the interpretation of the language "nor shall any complaint or charge be filed by the union with respect to these reassignments." Arbitrators denied the Metropolitan District Commission's motion to dismiss. Robert Zaik represented the Metropolitan District Commission and Anthony Bento represented the union.