DOCKET NO. CV : SUPERIOR COURT : CITY OF HARTFORD : J.D. HARTFORD Applicant : V. : AT HARTFORD :
HARTFORD FIREFIGHTERS UNION,
 : APRIL 21, 2011
LOCAL 760, IAFF, AFL-CIO, CLC
 Respondent
APPLICATION TO VACATE OR MODIFY ARBITRATION AWARD
TO THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF HARTFORD: The applicant, City of Hartford, seeks an order pursuant to General Statutes Sections 52-418, 52-419 and/or the common law vacating or modifying an arbitration award 
 in Case No. 2010-A-0434 before the State of Connecticut, Board of Mediation and Arbitration, Department of Labor
involving the applicant City of Hartford and respondent
 HARTFORD FIREFIGHTERS UNION,
LOCAL 760, IAFF, AFL-CIO, CLC
endered March 22, 2011 and received at the Office of Corporation Counsel for the City of Hartford on March 29, 2011.
Applicant complains and prays as follows: 1. Applicant is a Connecticut municipality.
 
 2. Respondent is the collective bargaining representative for City of Hartford employees for the purposes of collective bargaining under the Municipal Employees Relations Act, General Statutes § 7-467, et seq. 3. Applicant and Respondent are parties to a collective bargaining agreement. (Arb. Rec. Exh. 2. attached hereto as Applicant’s Exh. A). 4. On or about November 10, 2009, Michael DiGiacomo, a Caucasian-American, was informed by Assistant Chief Milner, an African American, of a directive from then Fire Chief Charles Teale, an African-American, advising him to remove his motor vehicle from the interior of the fire station at Engine Co. 9. 5. The directive followed a verbal complaint and subsequent filing of a Fire Service report by Firefighter Kerry B. Foster, Sr., an African American who had temporarily been assigned to Engine Co. 9 in the Southwest District of Hartford, a  predominately white and Hispanic District
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, that DiGiacomo’s motor vehicle contained four of five bumper stickers that he considered racially offensive. (Fire Service Report-Referenced in Joint Exhibit 5 of Arb. Rec. and attached hereto as Applicant’s Ex. B). 2
 
6. It was observed through testimony at the Second Step of the Grievance  process that DiGiacomo had just put the stickers on the motor vehicle within the three months preceding Fosters complaint to Chief Teale. (See Second Step Grievance Decision, Jt. Exh. 5 of Arb. Rec. and attached hereto as Applicant’s Ex. C). This coincided with Fosters assignment to Engine Co. 9. 7. On November 12, 2009,
HARTFORD FIREFIGHTERS UNION,
LOCAL 760, IAFF, AFL-CIO, CLC filed a grievance alleging that the City violated the Entire Collective Bargaining Agreement when DiGiacomo was told by the department that he would no longer be allowed to park inside the firehouse and could possibly be denied any parking on city property while at work, without just cause. 8. The grievance was not resolved through the contractual grievance  process and was claimed for arbitration to the State Board of Mediation and Arbitration. 9. The Parties agreed to the following statement of the issue before the State Board of Mediation and Arbitration:
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 See US Census Data, 2000, Census Tract 5047 and 5048.
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