UPSEU Court Case Dismissed

The Connecticut Superior Court has dismissed a court case from the United Public Service Employees Union (UPSEU) challenging the July decision by the Connecticut Labor Board that dismissed UPSEU’s election petition in a number of bargaining units.   The Superior Court found that UPSEU’s appeal failed to meet the standards needed for the court’s consideration, citing a lack of jurisdiction.

The Court ruled that “Unless an appeal from an administrative agency is authorized by (state) statute, courts do not have jurisdiction to entertain such an appeal.“  and that the only instance in which an appeal can be made under Connecticut General Statutes is where an unfair labor practices was alleged to have occurred.  As this appeal had nothing to do with an unfair labor practice, UPSEU had no business appealing the decision to the court.

In their appeal, UPSEU alleged that the Labor Board exceeded  its delegated powers, arguing that the labor board exceeded their powers by not enforcing an old deadline to file for an election.  That deadline changed when the SEBAC 2011 agreement took effect.   The court was not persuaded stating that the facts had changed, but not the law.

UPSEU has decided to abide by the ruling and is not pursuing an appeal of the court’s decision.

 

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