Labor Board Sides With Parks Union

The Connecticut State Board of Labor Relations has decided that the city violated a 2022 agreement with the parks union by subcontracting work to maintain Ralph Walker Ice Rink. 

In 2022, the union — Local 424 Unit 128 — filed a prohibited practice complaint and a grievance claiming that the city was unlawfully subcontracting the work of maintaining the rink instead of using union employees.

In August 2022, the union and the city entered an agreement settling a previous grievance. It established that all work belonging to the city parks, ​“including work at what is currently known as the Ralph Walker Ice Rink,” would first be offered to qualified union members.

Even after the settlement, union members claimed, the city wasn’t holding up its end of the agreement: Employees weren’t allowed to do work inside of Walker Rink like ​“picking up trash, cleaning the bathrooms, and operating the Zamboni.” 

In December 2022, the union filed a complaint with the Connecticut State Board of Labor Relations alleging that the city had violated the Municipal Employee Relations Act by not complying with the agreement.

The board held a hearing on Oct. 20, 2023, where both parties and their counsel presented evidence and witnesses. On Jan. 24, 2024, the board filed its decision, taking into consideration the parks department’s history maintaining the ice rink. 

While the city has long worked with outside vendors to manage and maintain the rink, from 2004 – 2014, the city consistently assigned five to six union members to maintain the park everyday to clean, prepare, and maintain the rink. 

In 2014, the daily work crew became about three employees. 

After a few years of being closed for renovations, the rink reopened in 2019. The city entered a long-term agreement with Albertus Magnus College allowing the school’s hockey team to use the rink. During the first season in 2019 – 20, two union members were assigned as caretakers to the rink every weekday morning to prepare it for the team. One to two were assigned for each home game. They earned about four hours of overtime each game. 

The rink closed in 2020 due to Covid. In August 2021, the Board of Alders approved a five-year contract that allowed Wonderland of Ice Associates to manage the rink. 

During the 2021 – 22 hockey season, Albertus Magnus played 10 home games. The city assigned two parks workers to opening day and another to work one more home game that season. Later, the union filed its 2022 grievance. 

During the 2022 – 23 season, Albertus Magnus played 13 home games at Walker Rink. The city didn’t assign parks workers to any of them. 

In the hearing, the union argued that the city prevented bargaining unit members from performing bargaining unit work — the maintenance of the inside of Walker Rink.

The city disagreed that this was bargaining unit work. It claimed that private contractors have always maintained the rink, and any work performed in 2019 was a departure from the norm.

If the city allowed parks workers to perform that subcontracted work, its representative argued, it would be in violation of public policy, which disavows using public funds for the same work twice.

Ultimately, the labor board decided that the city failed to comply with the 2022 settlement agreement, which is a prohibited practice under the Municipal Employee Relations Act. 

“We disagree,” the board writes in response to the city’s argument that the Albertus Magnus-related work was an aberration rather than parks department work. ​“Although 2019 – 2020 was Albertus Magnus’ first hockey season at the Walker Rink, we think the type of work performed during those home games is similar to work that bargaining unit members have performed at the Walker Rink generally and also specifically during during open skating periods.” 

In its decision, signed by General Counsel Frank N. Cassetta, the board has ordered the city to cease and desist from failing to offer parks workers all work belonging to the parks department. The board also agreed that employees were deprived of opportunities to earn overtime pay. It ordered the city to award backpay at the applicable contractual rate. 

Within 30 days of the decision, the city has to provide the union with any records that are necessary to help identify who would have been assigned to work each open skating period. 

UPDATE Feb. 12 8:38 p.m. ​“While we disagree with certain aspects of the decision, the city will abide by it,” Mayor Justin Elicker said in a statement. “… We look forward to continuing to work with all parties to ensure the ice rink continues to operate in a manner that maximizes access to our residents and the community.”