LAW
 
OFFICES
 
OF
F
AZZANO
&
 
T
OMASIEWICZ
,
 
LLC
96
 
O
AK
S
TREET
 
H
ARTFORD
,
 
CT
 
06106
 
 
(860)231-7766
 
 
F
AX
(860)
 
560-7359
 
 
J
URIS
 N
O
.
 
414049
RETURN DATE JULY 23, 2013 : SUPERIOR COURT DANIEL NOLAN : J. D. OF HARTFORD VS. : AT HARTFORD HARTFORD FIRE FIGHTERS ASSOCIATION : JUNE 25, 2013
COMPLAINT Count One
 – 
 Breach of the Duty of Fair Representation under C.G.S. §7-468(d)
1.
 
At all times mentioned herein, the plaintiff, Daniel Nolan, resided in the Town of Windsor, Connecticut. 2.
 
At all time mentioned herein, the defendant, Hartford Firefighters’ Association (hereinafter, “Union”) was an employee organization w
ithin the meaning of C.G.S. §4-467, with its principal place of business in Hartford, Connecticut. 3.
 
At all times mentioned herein, the plaintiff, Daniel Nolan was a Union member in good standing. 4.
 
The City of Hartford
(hereinafter “City”)
dismissed the plaintiff from his position as the Deputy Chief of Training for the City of Hartford Fire Department on or about February 19, 2009.
 
 
2 LAW
 
OFFICES
 
OF
F
AZZANO
&
 
T
OMASIEWICZ
,
 
LLC
96
 
O
AK
S
TREET
 
H
ARTFORD
,
 
CT
 
06106
 
 
(860)231-7766
 
 
F
AX
(860)
 
560-7359
 
 
J
URIS
 N
O
.
 
414049
5.
 
The plaintiff, through the Union, filed a grievance and pursued the wrongful firing through arbitration. 6.
 
The plaintiff was subsequently ordered reinstated to his prior position in the City of Hartford Fire Department pursuant to a March 29, 2011 arbitration award that went into effect in January 2012. 7.
 
The plaintiff’s active duty military service from September 9, 2011 until No
vember 9, 2012, delayed his return to the City of Hartford Fire Department until November 25, 2012. 8.
 
The arbitration award directed that the plaintiff be reinstated to his former position, be awarded full back pay, seniority, and other benefits due to him from the time of termination until the time he resumed his duties. 9.
 
Upon his return to work, the plaintiff was informed that he would not be returned to his position as the Deputy Chief of Training. 10.
 
The plaintiff was also informed that he would no longer oversee the training of  personnel. 11.
 
The plaintiff’s new position also stripped him of authority in making promotion
determinations.
 
 
3 LAW
 
OFFICES
 
OF
F
AZZANO
&
 
T
OMASIEWICZ
,
 
LLC
96
 
O
AK
S
TREET
 
H
ARTFORD
,
 
CT
 
06106
 
 
(860)231-7766
 
 
F
AX
(860)
 
560-7359
 
 
J
URIS
 N
O
.
 
414049
12.
 
The plaintiff informed the Union via email that he had not been reinstated to his prior  position as required by the arbitration award. 13.
 
The Union, on or about November 27, 2012, indicated that it would not seek to enforce that portion of the arbitration award that required the City to reinstate the  plaintiff to his prior position. 14.
 
The plaintiff subsequently requested explanation from the Union as to why it was declining to pursue enforcement of his arbitration award. 15.
 
The Union responded on December 18, 2012, simply indicating that it declined to  pursue the matter further. 16.
 
The plaintiff then urged the Union once again on or about January 7, 2013 to reconsider its inaction and to provide an explanation for its inaction. 17.
 
The plaintiff received no response. 18.
 
In January 2013, the plaintiff informed his chain of command and Union that he had not been awarded the compensation prescribed in the arbitration decision. 19.
 
The Union was provided an update of this situation on March 7, 2013. To date, the Union
has failed to act to rectify the City’s noncompliance.
 
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