RETURN DATE JULY 23, 2013 DANIEL NOLAN VS.

HARTFORD FIRE FIGHTERS ASSOCIATION

: : :

SUPERIOR COURT J. D. OF HARTFORD AT HARTFORD

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 within 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.

LAW OFFICES OF FAZZANO & TOMASIEWICZ, LLC 96 OAK STREET HARTFORD, CT 06106 (860)231-7766 FAX (860) 560-7359 JURIS NO. 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 plaintiffs active duty military service from September 9, 2011 until November 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 plaintiffs new position also stripped him of authority in making promotion determinations.

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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 Citys noncompliance.

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20. On March 28, 2013, the plaintiff informed the City that it had failed to provide compensation due for his active duty National Guard service, in violation of the Citys ordinances. 21. Shortly thereafter, the plaintiff informed the Union about the Citys failure to compensate him for his active duty service. The Union declined to act. 22. The City again failed to provide compensation due the plaintiff for his May 2013 National Guard active duty service. 23. On or about May 29, 2013, the Union was again informed of the failures by the City to act in accordance with its ordinances and the arbitration decision. 24. On June 21, 2013, the plaintiff informed the Union that the City had yet to respond to the plaintiffs request to be paid the appropriate back pay per the arbitrators award and to be compensated for his work in the National Guard per City ordinance. 25. To date, the Union has failed to respond. 26. To date, the Union has taken no steps to enforce the arbitration award both in terms of the plaintiffs rightful position and the compensation owed. 27. To date, the Union has failed to ensure that the plaintiff receives proper compensation for his active duty service.

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28. The Union conduct towards the plaintiff has been arbitrary, discriminatory, and/or in bad faith and thus, breached the duty to fair representation under C.G.S. 7-468(d). 29. As a result of the Unions conduct, the plaintiff has suffered monetary damages. 30. As a further result, the plaintiff has been force to incur incurred attorneys fees and costs in order to obtain the rights to which he is entitled. Count Two Breach of the Duty of Fair Representation under C.G.S. 7-470(b)(3) 1. Paragraphs 1-27 of Count One are hereby made Paragraphs 1-27 of the Second Count as if more fully set forth herein. 28. The Union conduct towards the plaintiff has been arbitrary, discriminatory, and/or in bad faith and thus, breached the duty to fair representation under C.G.S. 7-470(b)(3). 29. As a result of the Unions conduct, the plaintiff has suffered monetary damages. 30. As a further result, the plaintiff has been force to incur incurred attorneys fees and costs in order to obtain the rights to which he is entitled. Count Three Failure to Abide by Arbitration Award under C.G.S. 7-470(b)(4) 1. Paragraphs 1-27 of Count One are hereby made Paragraphs 1-27 of the Third Count as if more fully set forth herein.

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28. The arbitration award demanded that the plaintiff be 1) reinstated to his former position, 2) be awarded full back pay, 3) seniority, and 4) other benefits consistent with the position he held at the time of his termination. 29. The Union has taken no steps to enforce any of these four provisions. 30. The Unions actions violate C.G.S. 7-470(b)(4). 31. As a result of the Unions conduct, the plaintiff has suffered monetary damages. 32. As a further result, the plaintiff has been force to incur incurred attorneys fees and costs in order to obtain the rights to which he is entitled. THE PLAINTIFF,

BY Matthew F. Sadler Fazzano & Tomasiewicz, LLC His Attorneys

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RETURN DATE JULY 23, 2013 DANIEL NOLAN VS. HARTFORD FIRE FIGHTERS ASSOCIATION

: : :

SUPERIOR COURT J. D. OF HARTFORD AT HARTFORD

JUNE 25, 2013

PRAYER FOR RELIEF WHEREFORE, the Plaintiff claims: 1. 2. 3. Money damages as to all counts; Attorneys Fees as to all counts; Such other relief as the court deems proper. THE PLAINTIFF,

BY Matthew F. Sadler Fazzano & Tomasiewicz, LLC His Attorneys

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RETURN DATE JULY 23, 2013 DANIEL NOLAN VS. HARTFORD FIRE FIGHTERS ASSOCIATION

: : :

SUPERIOR COURT J. D. OF HARTFORD AT HARTFORD

JUNE 25, 2013

STATEMENT OF AMOUNT IN DEMAND The Plaintiff in the above-entitled matter seeks more than $15,000.00 in damages, excluding interest and costs.

THE PLAINTIFF,

BY Matthew F. Sadler Fazzano & Tomasiewicz, LLC His Attorneys

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