Middlebury v. Fraternal Order of Police, Middlebury Lodge No. 34

Summary

The court affirmed the judgment upholding the labor board’s refusal to replace its longstanding clear-and-unmistakable-waiver standard with the contract-coverage standard. The court held that the federal labor agency’s approach was not binding on the state labor board because federal labor law does not govern Connecticut municipalities, and that the different federal standard would not have changed the result because the collective bargaining agreement had expired before the unilateral change. The court also held that deference was appropriate because the labor board’s standard was longstanding and judicially approved.