JOHN MOSBY ET AL.
BOARD OF EDUCATION OF THE CITY OF NORWALK ET AL.
April 16, 2019
to recover damages for breach of contract, brought to the
Superior Court in the judicial district of Stamford-Norwalk,
where the court, Lee, J., granted the motion to
dismiss filed by the defendant Board of Education of the City
of Norwalk; thereafter, the court, Jacobs, J.,
granted the motion for summary judgment filed by the
defendant United Public Service Employees Union;
subsequently, the court, Jacobs, J., rendered
judgment in favor of the defendants, from which the named
plaintiff appealed to this court. Affirmed.
Mosby, self-represented, the appellant (named plaintiff).
Jeffry Spahr, deputy corporation counsel, for the appellee
M. Walsh, Jr., for the appellee (defendant United Public
Service Employees Union).
Bright and Beach, Js.
self-represented plaintiff, John Mosby,  appeals from the
judgment of the trial court rendered in favor of the
defendants, the Board of Education of the City of Norwalk
(board), and United Public Services Employees Union (union),
following the granting of the board's motion to dismiss
and the union's motion for summary judgment. On appeal,
Mosby claims that the court erred in (1) granting the motion
to dismiss in favor of the board on the ground of improper
service of process, and (2) granting the motion for summary
judgment in favor of the union on the ground that Mosby
lacked standing to commence this action against the union. We
affirm the judgment of the court.
trial court's memorandum of decision granting the
union's motion for summary judgment sets forth the
following relevant and undisputed facts. ‘‘As
custodians employed by the [board], the plaintiffs were
members of Local 1042 Council #4, which negotiated Collective
Bargaining Agreements with the [board] in 1997, 2003, and
2011. At the time of [Mosby's] retirement on November 5,
1999, he received medical benefits as set forth in . . . the
1997 Agreement. . . .
of the plaintiffs, who all retired between February 9, 2009,
and June 30, 2011, received retirement benefits pursuant to
the 2003 Agreement . . . . One of the plaintiffs, who retired
on June 30, 2012, received retirement benefits pursuant to
the 2011 Agreement. All of the plaintiffs are currently
receiving the coverage and benefits to which they are
entitled pursuant to the Agreements which were in effect on
the dates of their retirements.
1042 Council #4 was decertified by the Connecticut State
Board of Labor Relations on August 26, 2015, and the
defendant [union] was certified as the exclusive
representative of all custodians employed by the board. The
defendant [union] was not a party to the negotiations or the
resulting Agreements in 1997, 2003, or 2011.''
plaintiffs' complaint alleged that the board and the
union had breached a contract between them governing the
plaintiffs' retirement health insurance benefits. On
November 29, 2016, the board filed a motion to dismiss the
action against it for improper service of process. The court
granted the motion to dismiss on January 17, 2017.
August 9, 2017, the union filed a motion for summary judgment
claiming that the plaintiffs lacked standing to pursue this
claim. On August 21, 2017, Mosby filed an opposition to the
union's motion for summary judgment. Following a hearing,
the court granted the union's motion for summary judgment
by memorandum of decision dated March 27, 2018, concluding
that the plaintiffs lacked standing to bring this action and
that the union could not have breached the agreement ...