"`When the scope of the submission is unrestricted, the resulting award is not subject to de novo review even for errors of law so long as the award conforms to the submission. Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989); New Haven v. AFSCME, Council 15, Local 530, 208 Conn. 411, 415-16, 544 A.2d 186 (1988). Because we favor arbitration as a means of settling private disputes, we undertake judicial review of arbitration awards in a manner designed to minimize interference with an efficient and economical system of alternative dispute resolution.Middletown v. Police Local, No. 1361, 187 Conn. 228, 230, 445 A.2d 322 (1982); State v. Connecticut Employees Union Independent, 184 Conn. 578, 579, 440 A.2d 229 (1981).
"`When the scope of the submission is unrestricted, the resulting award is not subject to de novo review even for errors of law so long as the award conforms to the submission. Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989); New Haven v. AFSCME, Council 15, Local 530, 208 Conn. 411, 415-16, 544 A.2d 186 (1988). Because we favor arbitration as a means of settling private disputes, we undertake judicial review of arbitration awards in a manner designed to minimize interference with an efficient and economical system of alternative dispute resolution.Middletown v. Police Local, No. 1361, 187 Conn. 228, 230, 445 A.2d 322 (1982); State v. Connecticut Employees Union Independent, 184 Conn. 578, 579, 440 A.2d 229 (1981).
General Statutes Section 7-414 requires that a civil service position be filled from a list of the three candidates ("rule of three") who rank highest in open competitive examination for that position. See Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 10, n. 4, 557 A.2d 1236 (1989). The town argues that Rachele is not entitled to the position of captain because he was not among the highest three candidates in order of rank, based on the results of the open competitive examinations given, from which appointment is made pursuant to § 3.
Id. An arbitration award was at issue in Hartford v. Board of Mediation Arbitration, 11 Conn. 7 (1989), a case on point. The issue was whether it was within the trial court's jurisdiction to base its decision on an issue not expressly raised in the pleadings.
[w]hen the scope of that submission is unrestricted, the resulting award is not subject to de novo review even for errors of law so long as the award conforms to the submission. Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989); New Haven v. AFSCME, Council 15, Local 530, 208 Conn. 411, 415-16, 544 A.2d 186 (1988). Because we favor arbitration as a means of settling private disputes, we undertake judicial review of arbitration awards in a manner designed to minimize interference with an efficient and economical system of alternative dispute resolutions.
When the scope of the submission is unrestricted, the resulting award is not subject to de novo review even for errors of law so long as the award conforms to the submission. Hartford v. Board of Mediation & Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989); New Haven v. AFSCME, Council 15, Local 530, 208 Conn. 411, 415-16, 544 A.2d 186 (1988). Because we favor arbitration as a means of settling private disputes, we undertake judicial review of arbitration awards in a manner designed to minimize interference with an efficient and economical system of alternative dispute resolution.
American Universal Ins. Co. v. DelGreco, [supra, 205 Conn. at 185, 530 A.2d 171 ]. When the scope of the submission is unrestricted, the resulting award is not subject to de novo review even for errors of law so long as the award conforms to the submission. Hartford v. Board of Mediation & Arbitration, 211 Conn. 7, 14, 557 A.2d 1236 (1989) ; New Haven v. AFSCME, Council 15, Local 530, 208 Conn. 411, 415–16, 544 A.2d 186 (1988). Because we favor arbitration as a means of settling private disputes, we undertake judicial review of arbitration awards in a manner designed to minimize interference with an efficient and economical system of alternative dispute resolution.
Section 7-414 embodies what is commonly known as the "rule of three," a practice adopted by many municipalities. See Kelly v. New Haven, 275 Conn. 580, 587 and nn. 9 and 10, 881 A.2d 978 (2005) (citing New Haven city charter and civil service rules); Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 10-11, 557 A.2d 1236 (1989) (citing Hartford city charter and personnel rules and regulations); State ex rel. Barnard v. Ambrogio, 162 Conn. 491. 495 n. 2, 294 A.2d 529 (1972) (citing Haddam town charter). Turning next to the town's rules and policies, the term "promotional list" is defined in the town's pay plan and policy manual.
Section 7-414 embodies what is commonly known as the "rule of three," a practice adopted by many municipalities. See Kelly v. New Haven, 275 Conn. 580, 587 and nn. 9 and 10, 881 A.2d 978 (2005) (citing New Haven city charter and civil service rules); Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 10-11, 557 A.2d 1236 (1989) (citing Hartford city charter and personnel rules and regulations); State ex rel. Barnard v. Ambrogio, 162 Conn. 491, 495 n. 2, 294 A.2d 529 (1972) (citing Haddam town charter).
" (Emphasis added.) Hartford v. Board of Mediation Arbitration, 211 Conn. 7, 17, 557 A.2d 1236 (1989). It is clear that the result of the defendants' methodology is a significant expansion of its discretion in choosing among the most qualified candidates in a pool of candidates who meet the threshold requirement for promotion. Turning again to the 2000 eligibility list for promotion to sergeant, using the raw scores, the defendants would have been able to choose from no more than four candidates, two of those having tie scores.