New Britain Housing Authority and AFSCME, Council 4, Local 818
A collective bargaining contract can provide that an appeal must be filed within 10 business days. After the City of New Britain discharged Sylvette Honor'e, who worked as an executive assistant of operations, the union filed a timely grievance on Aug. 7, 2012. The city denied the grievance. The union filed its step 2 appeal, which the city denied on August 23. The union filed an appeal to arbitration on October 23. The city argued that the appeal was not filed timely, within 10 business days, and that the delay was not waived. The union objected that the city impliedly waived the deadline. Arbitrators found that the appeal was not filed on or before September 7, which was within 10 business days, and that the city did not clearly and unambiguously waive the deadline. "A waiver," wrote the arbitrators, "must be agreed to by the Parties and must be clear and unambiguous." Arbitrators are not permitted to amend a collective bargaining agreement. Arbitrators concluded that the union's appeal is not arbitrable. Kenneth Weinstock represented the municipality, and Kelly Martinez represented the union.