A municipality may not require the union’s permission, if the municipality hires a consultant to perform nonbargaining unit work. The union filed a grievance and argued that David Barone, a senior project manager, retired in early 2011 and then was re-hired, on a temporary, part-time basis, and performed bargaining unit work for the city between May 2011 and July 2012, without the union’s consent. The City of New Haven maintained that Barone trained workers, which was not bargaining unit work, because the manager who usually performed that type of work was not a member of the bargaining unit. The arbitrator concluded that Barone did not perform bargaining unit work when he worked as a consultant and trained his replacement. His employment between May 2011 and July 2012 did not violate the collective bargaining contract, and the arbitrator dismissed the grievance. Scott Nabel represented the municipality, and Thomas Fascio represented the union.

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