Description of Organization and Definitions - Connecticut ...

REGULATIONS OF CONNECTICUT STATE AGENCIES WITHIN THE JURISDICTION OF THE CONNECTICUT DEPARTMENT OF LABOR Updated through 2012 June Spec. Sess. REGULATIONS OF CONNECTICUT STATE AGENCIES WITHIN THE JURISDICTION OF THE
DEPARTMENT OF LABOR Updated through August 1, 2012 TABLE OF CONTENTS Collective Bargaining for State Employees (5-273-1 et seq.) Municipal Employee Relations Act (7-471-1 et seq.) School Board-Teacher Negotiations (10-153e-1 et seq.) Establishment of Rules of Procedure for Hearings in Contested Cases to be
Conducted by the Labor Commissioner (31-1-1 et seq.) Rules of Procedure for Declaratory Rulings by the Labor Commissioner
(31-1-11 et seq.) Provision of Assistance within Existing Resources to, and Access to
Programs Specific to the Job Training and Placement Needs of, Displaced
Homemakers
(31-3g-1 et seq.) Employment of Minors (31-23-1) Apprenticeship (31-51d-1 et seq.) Employment of Illegal Aliens (31-51k-1 et seq.) Designation by the Labor Commissioner of Occupations as High-Risk or Safety-
Sensitive Occupations Subject to Random Urinalysis Drug Testing (31-51x-1
et seq.) The Family and Medical Leave Act (31-51qq-1 et seq.) Individual Development Accounts Program (31-51ddd-1 et seq.) Identification of Parties Subject to Debarment from the Award of Contracts
by the State or Any of its Political Subdivisions (31-53a-1 et seq.) Minimum Wages (31-60-1 et seq.) Civil Penalties for Wage Violations (31-71h-1 et seq.) Regulation of the Organization and Policies of the State Board of Mediation
and Arbitration (31-91-1 et seq.) Connecticut State Labor Relations Act (31-101-1 et seq.) Establishing and Defining the Special Role of the Connecticut Governor's
Committee on Employment of People with Disabilities (31-136-1 et seq.) Unemployment Compensation (31-222-1 et seq.) Foreign Contractors Required to File Bond with the Administrator,
Unemployment Compensation Prior to Construction Activity in this State
(Sec. 31-225(i)-1) Voluntary Withholding Of Income Tax (Sec. 31-227-1) Alternate Base Period (31-230-1 et seq.) Compensation Weekly Benefit Rate for Construction Workers (31-231a-1 et
seq.)
Benefit Eligibility Conditions for Unemployment Compensation (31-235-1 et
seq.) Eligibility for Unemployment Compensation-Disqualifications (31-236-1 et
seq.) Guidelines for Approval by the Labor Commissioner of Job Training Programs,
Job Retraining Programs, and Claimants under Sec. 31-236b, C.G.S.
(Sec. 31-236b-1) Proceedings on Disputed Matters Pertaining to Unemployment Compensation
Claims (Sec. 31-237g-1 et seq.) Appeals and Hearing Procedures (Sec. 31-244-1a et seq.) Registration and Rules of Conduct for Authorized Agents Providing
Representation for a Fee (31-272-1 et seq.) Collection of Overpayments of Unemployment Compensation Benefits (Sec. 31-
273-1 et seq.) Occupational Safety and Health Division - Inspections, Citations and
Proposed Penalties (31-371-1 et seq.) Occupational Safety and Health Division - Limitations, Variations,
Tolerances, and Exemptions (31-372-1 et seq.) Occupational Safety and Health Division - Recording and Reporting
Occupational Injuries and Illnesses (Sec. 31-374-1 et seq.) Rules of Procedure (Sec. 31-376-1 et seq.) Discrimination against Employees Exercising Rights under the Connecticut
Occupational Safety and Health Act of 1973 (Sec. 31-379-1 et seq.) Approval of a Medical Facility Other than a General Hospital as an
Auxiliary Occupational Health Clinic (Sec. 31-401-1 et seq.) Equal Employment Opportunity in Apprenticeship and Training (Sec. 46a-68-1
et seq.)
Collective Bargaining for State Employees
Article I
Description of Organization and Definitions
Sec. 5-273-l. Creation and authority
The Connecticut State Board of Labor was established in 1945 by section 31-
102 of the General Statutes and administers various labor relations
statutes including the Act Concerning Collective Bargaining for State
Employees, sections 5-270 to 5-280 of the General Statutes.
The three board members are appointed by the governor with the advice and
consent of the general assembly. Pursuant to section 31-103, the Board
appoints an agent and a general counsel for four year terms of office, and
may appoint such assistant agents and other employees as are needed to
carry out the work of the Board without undue delay.
(Effective May 7, 1980)
Sec. 5-273-2. Functions
It is the function of the quasi-judicial board to enforce the collective
bargaining statutes by deciding prohibited practice and representation
cases. The Board also promulgates regulations and exercises other powers
necessary to the administration of the collective bargaining statutes under
its jurisdiction.
The agent and assistant agents hold informal investigation and mediation
conferences with parties to a complaint or petition in an effort to resolve
the labor relations dispute before a Board hearing. If settlement is not
possible the agent may recommend dismissal of a complaint or assign the
matter for a hearing before the Board. The agent and assistant agents
conduct secret ballot elections to determine the desire of employees for
collective bargaining representation.
The general counsel is the legal advisor to the board and staff and
represents the Board in court appeals, enforcement proceedings and other
judicial and administrative proceedings to which the Board is a party or is
interested.
(Effective May 7, 1980) Sec. 5-273-3. Official address
All communications should be addressed to the State Board of Labor
Relations, 200 Folly Brook Boulevard, Wethersfield, Connecticut 06109.
(Effective May 7, 1980)
Sec. 5-273-4. Public information
The public may inspect the regulations, decisions and public records of the
Board at its offices in Wethersfield. There is no prescribed form for
requests for information. Written requests should be submitted to the Board
at its above stated official address.
(Effective May 7, 1980)
Sec. 5-273-5. Signature of documents
The duly authorized and official documents of the Board of every
description, and without exception, including but not limited to the Board
decisions, orders, notices, subpoenas, and communications shall be signed
in behalf of the Board by any board member, the agent, the general counsel,
or any staff member empowered to sign in the Board's behalf. Such a
signature shall be presumed to be duly authorized by the Board unless and
until the contrary is demonstrated in any Board proceeding or hearing.
(Effective May 7, 1980)
Sec. 5-273-6. Act; board; petitioner; complainant; respondent; agent
The term "Act" as used herein means the Act Concerning Collective
Bargaining for State Employees, of the General Statutes, and the term
"Board" means the Connecticut State Board of Labor Relations. In
proceedings for certification or election of representatives, the term
"Petitioner" means the party filing a notification, i.e., petition for such
certification or election. In proceedings under Section 5-272, the party
charging a prohibited practice shall be called the "Complainant"; and the
party alleged to have committed such prohibited practice shall be called
the "Respondent." The term "Agent" herein shall mean the Agent of the Board
and shall include the Assistant Agents or other representatives of the
Agent.
(Effective May 7, 1980) Sec. 5-273-7. Other terms
The terms defined in Sections 5-270 to 5-280 inclusive, shall have the same
meanings in these Regulations.
(Effective May 7, 1980)
Sec. 5-273-8. Time limitations
Whenever the time limited in these Regulations for any Act is less than
seven (7) day, Saturdays, Sundays, holidays, and other non-work days as may
be designated by the Governor shall be excluded in making the computation.
Whenever the time limited in these Regulations for any Act is seven (7)
days or more, such days shall be included in making the computation.
(Effective May 7, 1980)
Article II
Certifications and Elections of Representatives
Sec. 5-273-9. Notification; form; contents
A notification under subdivision (1) of subsection (a) of Section 5-275 may
be filed with the Board in writing by an employee organization as defined
in subsection (d) of Section 5-270 and shall state the following:
That thirty per cent (30%) or more of the employees in a bargaining unit
established or sought to be established under the Act, desire to be
exclusively represented for the purposes of collective bargaining within
the unit by the petitioning organization and request the designation of
said organization as their exclusive representative.
(Effective May 7, 1980)
Sec. 5-273-10. Notification of an interested organization
(a) Notification pursuant to subsections (a) and (b) of section 5-275 may
be filed by an employee organization and may be in the form of a petition
and shall be signed and sworn to by any person authorized to administer an
oath and the original and four (4) copies thereof shall be filed with the
board. The petition shall include a certification also signed and sworn to
before any person authorized to administer an oath, stating that a copy of
the petition has been served upon the employer and any union claiming to
represent the employees by registered or certified mail or in person. If an
employer files a petition it shall be served on all unions claiming to
represent the employees. Notification forms will be supplied by the board
on request. A notification shall contain the information required by the
form supplied by the board, including t