The municipality's conduct when it holds a promotional exam may be excluded from the collective bargaining process. In July 2011, the Town of Hamden announced a promotional exam for the position of Assistant Director of Public Works. The promotional exam included a new oral exam. David Lockery, who worked for the municipality as the superintendent of sanitation, took the promotional exam. Lockery was not promoted. On Aug. 3, 2011, the union filed a grievance, alleging that the new oral exam was unfair, and that the municipality did not follow the rules and regulations of the town's Civil Service Commission when it conducted the exam. The union amended the grievance on September 6. The municipality denied the grievance. Arbitration was scheduled for May 21, 2012 and then postponed to Aug. 17, 2012. The municipality argued that civil service appointments are excluded from collective bargaining. Connecticut General Statutes §7-474(g) states, "The conduct and the grading of merit examinations, the rating of candidates and the establishment of lists from such examinations and the initial appointments from such lists . . . shall not be subject to collective bargaining." Arbitrators found that C.G.S. §7-474(g) excludes the process of conducting merit exams from collective bargaining, and that the grievance was not arbitrable. Christopher Hodgson represented the municipality, and William Ward represented the union.

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