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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title31 Labor |
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SubTitle31-101-1_31-101-79. Connecticut State Labor Relations Act |
| Sec. 31-101-1. Creation and authority |
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The Connecticut State Board of Labor Relations was established in 1945 by section 31‐102 of the Connecticut General Statutes and administers various labor relations statutes including the Connecticut State Labor Relations Act, sections 31‐101 to 31‐111, inclusive, of the Connecticut General Statutes. The three board members are appointed by the Governor with the advice and consent of the General Assembly. Alternate board members shall be appointed pursuant to section 31-102(b) of the Connecticut General Statutes and shall serve in place of an absent member of the board when so directed by the board and while so serving shall have all of the powers of members of the board. Pursuant to section 31‐103 of the Connecticut General Statutes, 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. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-2. Functions |
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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. |
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(Effective May 7, 1980) |
| Sec. 31-101-3. Official address |
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All communications should be addressed to the State Board of Labor Relations, 38 Wolcott Hill Road, Wethersfield, Connecticut 06109. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-4. Public information |
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The public may inspect the regulations, decisions and public records of the board at its office in Wethersfield. There is no prescribed requests for information. Written requests should be submitted to the board at its above stated official address. |
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(Effective May 7, 1980) |
| Sec. 31-101-5. Signature of documents |
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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. |
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(Effective May 7, 1980) |
| Sec. 31-101-6. Definitions |
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The term “Act” as used herein means the Connecticut State Labor Relations Act, sections 31-101 to 31-111b, inclusive, of the Connecticut General Statutes, and the term “Board” means the Connecticut State Board of Labor Relations. The term “Filing” as used herein means the delivery of required documents(s) to the board’s office address and any other means of delivery prescribed by the board. In proceedings under section 31‐106 of the act, for election of representatives, the term Petitioner means the party filing a petition for such election and the term “Substantial number of employees” means, under ordinary circumstances, thirty per cent (30%)of the membership of the claimed unit. In proceedings under section 31‐105 of the act, the party charging an unfair labor practice shall be called the Complainant; and the party alleged to have committed such unfair labor practice shall be called the Respondent. The terms defined in section 31‐101 of the act have the same meanings in these regulations. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-7. Time limitations |
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Whenever the time limited in these regulations for any act is seven (7) days or more, Saturdays, Sundays, holidays and other days when the board’s offices are closed to the public shall be included in making the computation. Whenever the time so limited is less than seven (7) days, such days shall be excluded in making the computation. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-8. Petition; filing |
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A petition for an election pursuant to section 31‐106 of the act may be filed with the board by an employee or the employee’s representative, or, in special circumstances under section 31‐101‐10 of these regulations, by an employer or the employer’s representative. The petition shall be in writing. The original shall be signed and sworn to before any person authorized to administer an oath. The original petition 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. Petition forms will be supplied by the board upon request. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-9. Petition of employee or labor organization |
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(a) A petition, when filed by an employee, the employee’s representative or a labor organization, shall contain the information required by the form supplied by the board, including the following: (1) The name and address of the petitioner; (2) the name and address of the employer or employers concerned and the general nature of the business; (3) such information as the petitioner can secure concerning the approximate percentage of business or sales outside the state of Connecticut, and other facts concerning interstate commerce, if any; (4) the approximate total number of employees; (5) the types, classifications or groups of employees in the bargaining unit or units claimed to be appropriate, the number of employees therein, the names and addresses of any other individuals or labor organizations who claim to be the representatives of any of the employees in the alleged bargaining unit or units and a brief description of any contract covering any employees in such unit or units; (6) an allegation that a question or controversy exists concerning representation; (7) a request that the board certify the name or names of the representatives who have been designated or selected for the purposes of collective bargaining by the majority of the employees in the unit or units appropriate for such purposes; and (8) an allegation that a substantial number of employees, as defined in section 31-101-6 of the Regulations of Connecticut State Agencies, (A) wish to be represented for collective bargaining by an employee organization as exclusive representative or (B) assert that the employee organization currently certified or recognized as the bargaining representative is no longer the representative of a majority of employees in the unit. (b) If a petition has been filed with the board in compliance with subsections (1) to (8), inclusive, of this section, any other employee organization may file with the board a petition which states that ten (10%) percent or more of the employees have expressed in writing the desire to have the intervenor as exclusive representative and such petition for intervention shall be filed within fifteen (15) days of the initial petition and shall otherwise conform to the requirements specified in this section. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-10. Employer's petition; contents |
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Such petition, when filed by an employer or his representative, shall contain the information required by the form supplied by the board, including the following: (a) the name and address of the petitioning employer; (b) the general nature of the business and the approximate total number of employees; (c) the approximate percentage of business or sales outside the state of Connecticut, and other facts concerning interstate commerce, if any; (d) the types, classifications or groups of employees in the bargaining unit or units claimed to be appropriate, and the number of employees employed in such bargaining unit or units; (e) the names and addresses of any individuals or labor organizations who claim to represent any of the employees in the alleged bargaining unit or units, and a brief description of any contract covering any employees in such unit or units; (f) an allegation that a question or controversy exists concerning representation of employees between two or more labor organizations. |
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(Effective May 7, 1980) |
| Sec. 31-101-11. Petition; amendment or withdrawal |
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The board at any time may, before the first ballot is cast in an election, permit the amendment or withdrawal of the petition in whole or in part upon such conditions as the board may deem proper. |
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(Effective May 7, 1980) |
| Sec. 31-101-12. Duties of agent |
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(a) When a petition for an election has been filed, the agent shall confer with and may hold informal conferences with the interested parties and ascertain the facts. The agent shall ascertain whether a substantial number of employees desire the petitioner to represent them or whether a substantial number of employees wish to decertify an existing employee representative by making a card check or by such other appropriate means as the agent shall determine. In making a card check the agent may use the criteria set out in subsection (b) of this section. The agent shall encourage the parties to agree upon the appropriate unit and a suitable method by which the representative is to be determined by the board. In cases where the parties agree that an election be held to ascertain the wishes of the employees, the agent shall as soon as possible conduct an election by secret ballot. In cases where the parties agree upon other suitable methods by which the representative is to be determined, the agent as soon as possible shall by such method ascertain the employee's wishes and report the agent’s findings promptly to the board. Whenever the agent, after investigation, has reasonable cause to believe that a question of representation exists, including but not limited to finding that the parties are unable to agree upon the appropriate unit and he is unable to settle the controversy concerning representation, the agent shall issue a direction of election within 30 days of the investigation and conduct a secret ballot election within thirty (30) days of the issuance of the direction of election to determine whether and by which employee organization the employees desire to be represented. The election shall be conducted in accordance with the terms and conditions set forth in Sections 31‐101‐14, 31-101-14a, 31‐101‐15, and 31‐101‐16 of these regulations and the agent shall report the agent’s action to the board. In the event that the agent determines that there is no reasonable cause to believe that a question of representation exists, the agent shall issue a recommendation to dismiss the petition within thirty (30) days after the investigation and report the agent’s action to the board. In the event the agent is unable to determine whether or not a question of representation exists, the agent may, within 30 days of the agent’s investigation, refer the petition directly to the board for a hearing without either having conducted an election or issuing a recommendation for dismissal, in which event the board shall conduct an appropriate hearing upon due notice as set forth in these regulations. (b) Proof of an employee‘s desire with regard to representation may be established as follows: The petitioner may present to the agent membership or application for membership cards or collective bargaining authorization cards. The cards shall be dated and signed by the employees prior to the filing of the petition with the board, and shall contain the printed or typewritten name of the signer. The cards will be void if signed more than a year before the filing of the petition with the board. The card itself shall indicate the employee’s desire with regard to representation. (c) If the agent determines either to conduct a secret ballot election or to recommend dismissal of the petition, the parties may object to the agent’s determination by filing objections in the form of a brief within fourteen (14) days of the service of the order directing an election or within 14 days of the agent’s recommendation for a dismissal filed with the board. Briefs shall be certified to all parties. (d) If objections are timely filed, the agent shall prepare a record for the board which shall include the following: the petition, the agent’s order directing an election, or the agent’s recommendation for dismissal and any briefs filed by a party. (e) The board, after considering the agent’s direction of election or the agent’s recommendation for dismissal, together with the briefs submitted, shall as appropriate within thirty (30) days of receiving the record: (1) Issue an order confirming the agent’s direction of election and certifying the election results, (2) issue an order confirming the agent’s recommendation for dismissal, (3) order further investigation, or (4) order a hearing. (f) In the event the agent has directly referred the petition to the board for a hearing without either directing an election or recommending dismissal or if the board has ordered a hearing, a hearing will be held pursuant to Section 31‐101‐13. (g) If no objections are filed, the board shall certify the results of the election or dismiss the petition. |
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(Effective October 5, 1993; Amended October 11, 2013) |
| Sec. 31-101-13. Hearing; notice; ascertainment of desires of employees |
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When a hearing has been ordered, the board shall hold such hearing upon reasonable notice and may either dismiss the petition or direct an election or elections, or use other suitable methods to ascertain the wishes of employees. When a hearing has been directed, the board or its agent shall prepare and cause to be served upon the parties a notice of hearing before the board, at a time and place fixed therein. Hearings relative to petitions for representation elections shall have precedence over all other cases. A copy of the petition shall be served with the notice of hearing. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-14. Elections; terms and conditions |
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(a) If the board or the agent determines that an election shall be held, it shall order that such election or elections shall be conducted by the agent, an assistant agent, or by such other person as may be designated by the board or the agent. (b) All elections shall be held at such times and places and upon such terms and conditions as the board or the agent may specify. All elections ordered by the board or the agent shall be by secret ballot. (c) The employees eligible to vote shall be those on the payroll on the date of filing of the petition, or such other date as the board or the agent may order upon the showing of extraordinary circumstances or by consent of the parties, and who remain on the payroll on the date of the election. (d) At least seven (7) days prior to the election the employer shall furnish to each labor organization which is a party to the proceeding, a list of the names and addresses of the employees in the appropriate unit who were on the payroll on the date of the filing of the petition, or such other date as the board or the agent may order upon the showing of extraordinary circumstances or by consent of the parties, and who are on the payroll at the time of the submission of the list. (e) Unless mutually agreed otherwise, at least three (3) business days prior to the election, the employer shall post, in conspicuous places where the employees eligible to vote customarily assemble, copies of the notice of election as provided by the board. Nothing herein shall be deemed to prevent an employer from posting such election notices earlier. |
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(Effective October 5, 1993; Amended October 11, 2013) |
| Sec. 31-101-14a. Interference |
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(a) During the course of a representation campaign, the following conduct may interfere with the rights of employees and may result in the setting aside of the election. Examples of such conduct include, but are not limited to, the following: (1) Threatening loss of jobs or other disadvantages by employer or union. (2) Misstating important facts by a union or an employer where the other party does not have a fair chance to reply. (3) Promising or granting promotions, pay raises, or other benefits to influence an employee’s vote by a party capable of carrying out such promises. (4) An employer firing employees to discourage or encourage union activity or a union causing them to be fired to encourage union activity. (5) Threatening physical force or violence to employees by a union or an employer to influence their votes. (6) Failing to provide information in accordance with section 31-101-14(d) of the Regulations of Connecticut State Agencies. (7) Failing to post notices of election in accordance with section 31-101-14(e) of the Regulations of Connecticut State Agencies. (b) in the absence of extraordinary circumstances, a party having knowledge of grounds for objection to an election is required to make the party’s objection to the agent prior to the election. Failure to do so may result in a waiver of the right to raise the objection. |
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(Effective October 11, 2013) |
| Sec. 31-101-15. Challenged ballots |
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At any election, whether ordered by the board or held by consent of the parties, if the right of an employee to vote is challenged by the board, the agent or any party to the proceeding, the employee shall be permitted to vote, but the employee’s ballot shall be sealed by him in a separate envelope provided for such purpose and the employee shall then deliver the envelope to the agent or person duly designated by the board or the agent to conduct the election, who shall deliver the challenged ballot to the board for determination, provided, if the challenged ballots are insufficient in number to affect the result of the election, no determination with respect to them shall be made. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-16. Procedure following elections; challenges and objections |
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(a) Upon the conclusion of any election or elections, whether ordered or by consent, the board or its agent or a person duly designated by the board to conduct the election shall prepare a report as to the result of the election or elections and, in cases where the right of an employee to vote has been challenged and the challenged ballots are sufficient in number to affect the result of the election, the report shall contain a plain statement of the grounds for the challenge. The agent shall cause this report to be served upon the parties. (b) Not later than five (5) days after the conclusion of the election, any party who intends to make an objection to the conduct of the election shall serve upon all other parties, with proof of service, and file with the board an original and four (4) copies of objections to the election or elections or to the report thereon. The objections shall contain a plain statement of the grounds of objection. The board may, either with or without a hearing, make its determination with respect to the objections or to any challenged ballots. Any defect in making objections warrants their dismissal by the board but shall not deprive the board of jurisdiction to entertain the objections in spite of such defect wherever the board deems that justice so requires. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-17. Certification of representatives |
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The board, after ascertaining the wishes of the employees, shall certify to the parties the name or names of the representatives or make other disposition of the matter. The board shall not issue a certification unless the wishes of the employees have been ascertained by secret ballot election. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-18. Certification; duration |
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Except in extraordinary circumstances, the board will not act favorably upon a petition for an election within one year after the certification of a representative by the board. |
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(Effective May 7, 1980) |
| Sec. 31-101-19. Charge |
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A charge that any person has engaged in or is engaging in any unfair labor practice may be made by any person, his representative, or labor organization. |
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(Effective May 7, 1980) |
| Sec. 31-101-20. Charge; form and filing |
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A charge shall be in writing. The original shall be signed and sworn to before any person authorized to administer an oath. The original and four (4) copies of the charge shall be filed with the board. The charge shall include a certification also signed and sworn to before any person authorized to administer an oath stating that a copy of the charge has been served upon the respondent by registered or certified mail or in person. Blank forms for making the charge will be supplied by the board upon request. |
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(Effective May 7, 1980) |
| Sec. 31-101-21. Contents of charge |
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(a) the full name and address of the person or labor organization making the charge; (b) the full name and address of the employer or employers against whom the charge is made; (c) upon information and belief, the general nature of the employer's business and the approximate total number of its employees; (d) such information as the person making the charge can secure concerning the approximate percentage of business or sales outside the state of Connecticut, and other facts concerning interstate commerce, if any; (e) an enumeration of the subdivision or subdivisions of section 31-105 claimed to have been violated by the employer or employers with a clear and concise description of the acts which are claimed to constitute unfair labor practices, including, where known, the appropriate dates and places of such acts and names of respondent's agents or other representatives by whom committed; or if, in any such case, the required specification is impossible, the reason why it is impossible. Other facts shall be stated which are sufficient to describe the nature of the conduct complained of. |
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(Effective May 7, 1980) |
| Sec. 31-101-22. Withdrawal of charge |
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A charge, or any part thereof, may be withdrawn only with the consent of the board and upon such conditions as the board may deem proper. |
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(Effective May 7, 1980) |
| Sec. 31-101-23. Amendment of charge; not part of complaint |
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A charge, or any part thereof, may be amended at any time before the issuance of the final decision and order of the board. A charge shall not be part of the complaint provided for in section 31-101-27 hereof. |
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(Effective May 7, 1980) |
| Sec. 31-101-24. Investigation of charges |
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All charges filed with the board shall be diligently investigated by the agent. He shall confer and may hold informal conferences with the interested parties and ascertain the facts. He shall encourage the parties to make voluntary adjustments and compliances with the spirit and policy of the act. |
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(Effective May 7, 1980) |
| Sec. 31-101-25. Report to board in cases where no complaint is to issue |
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If, after investigation of the charges filed, the agent considers that there has been no violation of the act, he shall report in writing to the board, stating fully his reasons and recommendations. |
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(Effective May 7, 1980) |
| Sec. 31-101-26. Notice of reasons for failing to issue complaint; review |
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Upon filing such report the agent shall serve a copy of his reasons for failing to issue a complaint on the party filing the charge and on the party against whom the charge is filed. Any aggrieved party may obtain a review of the agent's action by filing a request therefor with the board within fourteen (14) days from the service of the agent's reasons for failing to issue a complaint and shall serve a copy thereof upon the other interested party or parties at the same time. Such request shall contain a complete statement setting forth the facts and reasons upon which the request for review is based. |
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(Effective May 7, 1980) |
| Sec. 31-101-27. Complaint and notice of hearing |
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After the agent has investigated a charge referred to him by the board or any other violation of the act which has come to his attention, and if he finds reasonable ground for any charge or considers that there is or has been a violation of the act, he shall issue and serve upon the person complained of a complaint stating the charges and containing a notice of hearing before the board at the time and place therein fixed, to be held not less than seven (7) days after the service of such complaint. Notice of the hearing together with a copy of the complaint shall be given to the person, his representative or labor organization filing the charge. |
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(Effective May 7, 1980) |
| Sec. 31-101-28. Acceleration of hearing |
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The parties to the proceedings may consent by written stipulation to a hearing within less than seven (7) days after the service of the complaint. |
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(Effective May 7, 1980) |
| Sec. 31-101-29. Amendment to complaint |
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Any such complaint may be amended by the agent at any time before final decision or order, or by the party filing the charge during the course of a hearing, with the permission of the board, upon such terms and conditions as it deems just. |
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(Effective May 7, 1980) |
| Sec. 31-101-30. Withdrawal of complaint |
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Any such complaint may be withdrawn by the board on its own motion or on the motion of the agent at any time before final decision or order upon notice to all parties. |
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(Effective May 7, 1980) |
| Sec. 31-101-31. Service and filing of answer |
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The respondent against whom the complaint is issued shall have the right to file an answer thereto within five (5) days from the service of the complaint. Such answer shall be in writing, the original being signed by the respondent or his, or its, attorney. The respondent or his, or its, attorney shall file the answer and four (4) copies with the board and serve copies of the answer on each party to the proceeding. |
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(Effective May 7, 1980) |
| Sec. 31-101-32. Denial |
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The respondent shall admit or deny each of the allegations contained in the complaint unless the respondent is without knowledge or information sufficient to form a belief as to the truth of an averment, in which case the respondent shall so state, such statement operating as a denial. The answer may contain a plain statement of any explanation or new matter which constitutes the grounds of defense. |
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(Effective May 7, 1980) |
| Sec. 31-101-33. Defense and new matter |
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Any allegation of new matter contained in the answer is to be deemed denied or avoided without the necessity of a reply. |
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(Effective May 7, 1980) |
| Sec. 31-101-34. Extension of time to answer; amendment |
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Upon the board's own motion or upon application of the respondent, the board may extend the time within which the answer may be filed. The answer may be amended at any time with the permission of the board, upon such terms and conditions as it deems just. |
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(Effective May 7, 1980) |
| Sec. 31-101-35. Amendment of answer following amendment of complaint |
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In any case where a complaint has been amended, the respondent shall have an opportunity to amend his answer within such period as may be fixed by the board. |
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(Effective May 7, 1980) |
| Sec. 31-101-36. Failure to file answer |
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Notwithstanding any failure of the respondent to file an answer within the time provided in section 31-101-31 hereof, the board may proceed to hold a hearing at the time and place specified in the notice of the hearing, and may make its findings of fact and enter its order upon the testimony so taken. In any case where a respondent fails to answer and appear at the hearing the board may take the allegations in the complaint as admitted and may issue an appropriate order. |
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(Effective May 7, 1980) |
| Sec. 31-101-37. Pleadings; construction |
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All pleadings shall be liberally construed. |
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(Effective May 7, 1980) |
| Sec. 31-101-38. Compliance proceedings |
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(a) After a board order has been issued or after enforcement of such order by the Superior Court, if informal efforts to dispose of the matter prove unsuccessful, the agent is then authorized in the agent’s discretion to issue a specification in the name of the board and a notice of hearing before the board, both of which shall be sent by registered or certified mail to the parties involved. The specification sets forth the relief owed, including but not limited to the computations showing the amount of back pay or other monetary relief due and any other pertinent information. Each party shall file an answer within fifteen (15) days of the receipt of the specification setting forth a particularized response including, when appropriate, alternative computation showing the amount of back pay or other monetary relief due and any other pertinent information. (b) In the alternative, and in his discretion, the agent under the circumstances specified above, may issue and send to the parties a notice of hearing only without a specification. Such notice shall contain in addition to the time and place of hearing before the board, a brief statement of the matters in controversy. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-39. Declaratory ruling; form of petition |
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Whenever there is a substantial and immediate threat to rights protected by the Connecticut State Labor Relations Act a person or organization may request a declaratory ruling by the board with respect to the applicability to such person or organization of any statute, regulation, or order enforced, administered or promulgated by the board in the following form: (a) A petition stating the factual background of the issue must be in writing and sent to the board by mail or delivered in person during normal business hours. (b) The petition shall be signed by a person or representative of an organization in whose behalf the inquiry is made and shall state the address of such person or organization and the name and address of the petitioner's attorney, if applicable. (c) A petitioner shall send a copy of the petition by registered or certified mail to any person or organization that may be immediately affected by the petition. The petition shall state the persons or organizations so notified. If the petitioner is in doubt as to who should be notified it may apply to the board for an order of notice. (d) The petition shall state clearly and concisely the substance and nature of the request. It shall identify the statute, regulation or order concerning which the request is made and shall identify the particular aspect thereof to which the question of applicability is directed. (e) The petition shall state the position of the petitioner with respect to the question of applicability. (f) The petition or brief attached thereto may include an argument in support of the position of the petitioner with such legal citation as may be appropriate. |
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(Effective May 7, 1980) |
| Sec. 31-101-40. Declaratory ruling; procedure after filing |
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(a) The board may give notice to any other person or organization that such a declaratory ruling has been requested and may receive and consider facts, arguments, and opinions from persons other than the petitioner. (b) If the board deems a hearing necessary or helpful in determining any issue concerning the request for declaratory ruling, the board shall schedule such hearing and give such notice thereof as shall be appropriate. |
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(Effective May 7, 1980) |
| Sec. 31-101-41. Scope of bargaining determination |
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Any employee organization, employer, or arbitrator may request the board to determine the scope of collective bargaining if (1) during the course of collective negotiations one party seeks to negotiate with respect to a matter or matters which the other party contends is not a mandatory subject for collective negotiations or (2) a party alleges that an illegal subject of bargaining is improperly submitted to a grievance arbitrator. A request for such a determination shall be submitted to the board in the same form as a request for a declaratory ruling and shall be subject to the same procedure. If such a request has the effect of delaying negotiations or arbitration, the board shall make every effort to expedite the proceeding. |
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(Effective May 7, 1980) |
| Sec. 31-101-42. Petitions concerning adoption of regulations |
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(a) Any person or organization may at any time petition the board to promulgate, amend or repeal any regulation. The petition shall set forth clearly and concisely the text of the proposed regulation, amendment, or repeal. Such petition shall also state the facts and arguments that favor the action it proposes by including such data, facts and arguments in the petition or in a brief annexed thereto. The petition shall be signed by the petitioner and shall furnish the address of the petitioner and the name of petitioner's attorney, if applicable. (b) Within thirty (30) days following receipt of the petition, the board shall determine whether to deny the petition, or to initiate regulation making proceedings in accordance with the petition. If the petition is denied, the petitioner shall be notified in writing of the reasons for said denial. |
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(Effective May 7, 1980) |
| Sec. 31-101-43. Settlement of cases |
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Informal disposition may be made of any complaint or petition by stipulation, agreed settlement, consent order, or default. |
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(Effective May 7, 1980) |
| Sec. 31-101-44. Pre-trial hearings |
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Prior to any scheduled hearing the board or agent may order the parties to meet with a board member, agent or other staff member for the purpose of obtaining stipulations of fact, joint exhibits, disclosure of evidence and identification of witnesses and issues to be raised at the formal hearing. Failure to disclose evidence, witnesses or issues at the pre-trial hearing may result in the board's denying the introduction of such evidence, testimony or issues at the formal hearing. |
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(Effective May 7, 1980) |
| Sec. 31-101-45. Quorum of board |
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Latest version.
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A vacancy in the board, or the absence or disqualification of a member of the board, shall not impair the right of the remaining members to exercise all of the powers of the board, and two members of the board shall at all times constitute a quorum. |
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(Effective May 7, 1980) |
| Sec. 31-101-46. Nonjoinder and misjoinder of parties |
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Latest version.
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No proceeding under the act will be dismissed because a person directly concerned is not a party thereto. If it is necessary for the determination of the matter in dispute so to do, the board may allow parties to be added or substituted and unnecessary parties to be dropped at any time in the proceeding. |
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(Effective May 7, 1980) |
| Sec. 31-101-47. Parties; relief |
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Latest version.
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All persons alleged to have engaged in any unfair labor practices may be joined as respondents, whether jointly, severally or in the alternative, and a decision may be rendered against such one or more of the respondents upon all the evidence. The board may award any relief appropriate under law and based on the facts found proven, and shall not be limited to the relief demanded. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-48. Motions during hearing |
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Latest version.
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All motions made at a hearing shall be stated orally, shall be included in the stenographic report of the hearing, and shall be decided by the board, except that motions made to intervene shall be made in the manner set forth in section 31-101-51 of these regulations. All motions, rulings, decisions and orders shall be and become part of the record in the proceeding. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-49. Motion made before or after hearing |
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Latest version.
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All motions made, other than those made during a hearing or hearings, shall be filed in writing with the board and shall state the order or relief applied for and the grounds for such motion. The moving party shall serve copies of all such papers on all parties and shall, within three (3) days thereafter, file an original with proof of due service and four (4) copies of all papers with and for the use of the board. Answering statements, if any, shall be served on all parties and an original thereof with proof of due service and four (4) copies shall be filed with the board within three (3) days after service of the moving party or parties, unless otherwise directed by the board. All motions shall be decided by the board upon the papers filed with it, unless the board, in its discretion, decides to hear oral argument or take testimony, in which event the board shall notify the parties of such fact and of the time and place for such argument or for the taking of such testimony. |
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(Effective May 7, 1980) |
| Sec. 31-101-50. Waiver of objections |
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Latest version.
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Any objection not duly urged before the board shall be deemed waived unless the failure or neglect to urge such objection is excused by the board because of extraordinary circumstances. |
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(Effective May 7, 1980) |
| Sec. 31-101-51. Intervention; procedure; contents; filings and service |
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Latest version.
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Any person, employer or labor organization desiring to intervene in any proceeding shall file with the board a sworn petition and four (4) copies thereof in writing, setting forth the facts upon which such person, employer or labor organization claims an interest in the proceeding. Such petition shall be served on all the parties. Petitions shall be filed with the board with proof of service at least two (2) days prior to the first hearing. Failure to serve or file such petition as above provided shall be deemed sufficient cause for the denial thereof, unless it is determined that good and sufficient reason exists why it was not served or filed as herein provided. The board shall rule upon all such petitions and may permit intervention to such an extent and upon such terms or conditions as it determines may effectuate the policies of the act. |
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(Effective May 7, 1980) |
| Sec. 31-101-52. Consolidation or severance |
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Latest version.
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Two or more proceedings under sections 31-105, 31-106 and 31-107 of the act may be consolidated by the board in its discretion and such proceedings may be severed by the board in its discretion. |
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(Effective May 7, 1980) |
| Sec. 31-101-53. Witnesses; examination; record; depositions |
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Latest version.
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Witnesses at all hearings shall be examined orally, under oath or affirmation, and a record of the proceedings shall be made and kept by the board. Where a witness resides outside the state or through illness or other cause is unable to testify before the board, his testimony or deposition may be taken within or without the state in such manner and in such form as may be directed by the board. All applications for the taking of such testimony or depositions shall be made at all times by motion to the board in accordance with the motion practice herein set forth. |
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(Effective May 7, 1980) |
| Sec. 31-101-54. Application for subpoenas |
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Latest version.
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Any party to the proceeding may apply to the board for the issuance of a subpoena or subpoenas duces tecum, requiring the attendance during a hearing of any person, party or witness and directing the production at a hearing of any books, records or correspondence or other evidence relating to any matter under investigation or any question before the board. Such application shall be timely, shall be in writing and shall specify the name of the witness or the documents or things, the production of which is desired, with such particularity as will enable such documents to be identified for purposes of production and the return date desired. Such application shall be made and filed with the board and need not be served on any other party. Any subpoena issued by the board shall be mailed or delivered forthwith to the party applying therefor. Arrangements for the service of the subpoena, according to law, shall be made by such party. |
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(Effective May 7, 1980) |
| Sec. 31-101-55. Issuance of subpoenas for production of books, papers and other matters |
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Latest version.
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Upon proper application the board shall issue subpoenas at any time, requiring persons, parties or witnesses to attend or be examined or give testimony and to produce any books, records, correspondence, documents or other evidence that relate to any matter under investigation or any question before the board. |
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(Effective May 7, 1980) |
| Sec. 31-101-56. Witness fees |
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Latest version.
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Witnesses summoned before the board or its agent shall be paid the same fees and mileage that are paid witnesses in the courts of the state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the state. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear and shall be paid by the board when they appear by the board's instance, and the person taking the deposition shall be paid by the party at whose instance the deposition is taken or by the board if the deposition is taken at its instance. |
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(Effective May 7, 1980) |
| Sec. 31-101-57. Hearings |
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Latest version.
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A hearing for the purpose of taking testimony upon a complaint, upon a complaint and answer or upon a petition for an election shall be conducted by the board. Such hearings shall be open to the public. |
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(Effective May 7, 1980) |
| Sec. 31-101-58. Hearings; powers and duty of the board |
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Latest version.
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During the course of any hearing, the board shall have the full authority to control the conduct and procedure of the hearings, and the records thereof, to admit or exclude testimony or other evidence, and to rule upon all motions and objections made during the course of the hearing. The board shall see that a full inquiry is made into all the facts in issue and shall obtain a full and complete record of all facts necessary for a fair determination of the issues. In any hearing, the board shall have the right to call and examine witnesses, to direct the production of papers or documents and to introduce into the record such papers or documents. |
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(Effective May 7, 1980) |
| Sec. 31-101-59. Examination of witnesses; introduction of evidence |
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Latest version.
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In any hearing, the agent and all parties shall have the right to call, examine and cross‐examine witnesses and to introduce into the record papers and documents or other evidence subject to the ruling of the board. Each party shall provide four (4) copies of each paper, document or other evidence it wishes to submit to the board, and sufficient additional copies for each party to the proceeding. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-60. Hearings; evidence |
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Latest version.
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The board shall not be bound by technical rules of evidence. All findings of the board as to facts, however, shall be supported by substantial evidence. |
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(Effective May 7, 1980) |
| Sec. 31-101-61. Hearing; stipulations |
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Latest version.
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At a hearing, stipulations may be introduced in evidence with respect to any issue, subject to the ruling of the board. |
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(Effective May 7, 1980) |
| Sec. 31-101-62. Continuation, adjournment or postponement of hearing |
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Latest version.
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(a) In the discretion of the board, the hearing may be continued from day to day or adjourned to a later date, or to a different place, by announcement thereof at the hearing by the board or by other appropriate notice designated by the board. (b) Where the board has scheduled an initial hearing, a party may within ten (10) days of receipt of the hearing notice request one postponement per case by: (1) Obtaining from the opposing party an agreement for the postponement, (2) confirming a new mutually acceptable hearing date, and (3) notifying the board of the agreement to postpone and the new mutually acceptable hearing date. Unless the parties have agreed on a postponement and a new hearing date and have so notified the board within ten (10) days, the request for postponement shall be granted by the board only where the requesting party or parties have demonstrated to the board that there is sufficient cause for such postponement. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-63. Contemptuous conduct at hearing |
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Latest version.
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Any person who engages in contemptuous conduct before the board may in the discretion of the board be excluded from the hearing room or further participation in the proceeding. |
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(Effective May 7, 1980) |
| Sec. 31-101-64. Waiver of hearing and consent order |
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Latest version.
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(a) Nothing in these regulations shall prevent the entry of an order with the consent of the respondent, and on notice to all parties and without the holding of any hearing or the making of any findings of fact or conclusions of law, if the respondent waives the holding of any hearing and making of the findings of fact and conclusions of law. (b) Nothing in these regulations shall prevent the parties from agreeing to submit stipulations of facts and evidence. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-65. Oral argument or briefs; requests for findings of fact or conclusions at the close of hearings |
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Latest version.
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(a) In all hearings under sections 31‐106 and 31‐107 of the Connecticut General Statutes, the board may in its discretion permit the parties to argue orally before it at the close of the hearings or to file briefs, requests for findings of fact or conclusions with it. The time for oral argument, filing briefs or requests for findings of fact or conclusions shall be fixed by the board. Any request for oral argument before the board shall be submitted at the close of the hearing. The granting or denial of permission to argue orally before the board shall be within the discretion of the board. Arguments shall be included in the stenographic report unless the board directs otherwise. (b) Briefs are to be submitted in accordance with the following procedure: (1) An original and four (4) copies shall be filed with the board on or before the due date of the brief; (2) all briefs shall contain a certification that a copy of the brief was supplied to other counsel or parties of record at the time the brief is filed with the board; and (3) requests for postponement of briefs shall be directed to the office of the general counsel and shall be in writing, stating the reasons for the request and setting forth the respective positions of all parties of record with regards to the request. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-66. Variance between pleading and proof |
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Latest version.
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(a) A variance between an allegation in a petition for an election or a pleading in an unfair labor practice proceeding and the proof will be considered immaterial unless it prejudicially misleads any party or the board. Where a variance is not material, the board may admit such proof and the facts may be found accordingly. Where a variance is material, the board may permit an amendment at any time before the final order of the board, upon such terms as it deems just. Any party or the board may move to conform the pleadings to the proof. (b) The board shall disregard all defects in pleading and procedure wherever this may be done without impairing the substantial rights of any party, if justice so requires. |
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(Effective May 7, 1980) |
| Sec. 31-101-67. Motions and objections at hearings |
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Latest version.
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Motions made during the hearing and objections with respect to the conduct of the hearing, including objections to the introduction of evidence, shall be stated orally and shall be included in the stenographic report of the hearing. |
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(Effective May 7, 1980) |
| Sec. 31-101-68. Motion to reopen hearing |
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Latest version.
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No motion for leave to reopen a hearing because of newly discovered evidence shall be entertained unless it is shown that such additional evidence is material, that the motion has been timely made and that there were reasonable grounds for the failure to adduce such evidence at the hearing. Nothing contained in this section shall be deemed to limit the right and power of the board in its discretion and on its own motion to reopen a hearing and take further testimony. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-69. Findings of fact; conclusions of law; decision and order; exceptions |
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Latest version.
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The board shall at any time after the close of a hearing under section 31-107 of the act issue its findings of fact, conclusions of law, decision and order. Such findings of fact, conclusions of law, decision and order shall contain, but need not be limited to: (a) a statement of the case and preliminary procedure before the board; (b) findings of fact; (c) conclusions of law; (d) decision and order. |
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(Effective May 7, 1980) |
| Sec. 31-101-70. Record of proceedings before the board; unfair labor practice cases |
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Latest version.
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(a) The record of the proceedings before the board in unfair labor practice cases shall consist of the charge or amended charge, the pleadings, notices of hearing, motions, orders, stenographic report, exhibits, depositions, findings of fact, conclusions of law, the decision and order. (b) If an unfair labor practice proceeding is predicated in whole or in part upon a prior representation proceeding, the record of such prior representation proceeding shall be deemed a part of the record in the unfair labor practice proceeding for all purposes. |
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(Effective May 7, 1980) |
| Sec. 31-101-71. Records of proceedings before the board; representation cases |
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Latest version.
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The record of the proceedings before the board in representation cases shall consist of the petition or amended petition, notices of hearing, the agent’s recommendation for dismissal of petition or direction of election, motions, orders, agreements, stenographic report, exhibits, decision and direction of election, report on secret ballot, objections thereto, certification, dismissal or decision and order. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-72. Public record |
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Latest version.
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The record as defined in sections 31-101-70 and 31-101-71 hereof shall constitute the public record of the case and shall be made available for inspection or copying under such conditions as the board may prescribe. |
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(Effective May 7, 1980) |
| Sec. 31-101-73. Practice before the board |
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Latest version.
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Any person who at any time has been a member of or employed by the board shall not be permitted to appear as attorney or representative for any person, firm, corporation or organization until the expiration of one (1) year from the termination of such person’s employment with the board, nor shall such person at any time be permitted to appear in any case which was pending before the board during the period of such person’s employment with the board. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-74. Service of documents by the board and agent |
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Latest version.
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Complaints, decisions and orders and other processes and papers of the board and agent may be served personally, by registered or certified mail or by leaving a copy thereof in the principal office or place of business of persons to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same and the return post office receipt, when registered or certified and mailed as aforesaid, shall be proof of service of the same. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-75. Service by a party |
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Latest version.
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Service of papers by a party to the proceeding shall be made by registered or certified mail, first class mail, postage prepaid or in person. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of such service. When service is made by registered or certified mail, the return post office receipt shall be proof of service. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 31-101-76. Service upon attorney |
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Latest version.
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If a party appears by his or its attorney, all papers other than the complaint, notice of original hearings and final decisions and orders may be served, as herein provided, upon such attorney with the same force and effect as though served upon the party. |
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(Effective May 7, 1980) |
| Sec. 31-101-77. Construction of regulations |
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Latest version.
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These regulations shall be liberally construed and shall not be deemed to limit the powers conferred upon the board by the act. |
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(Effective May 7, 1980) |
| Sec. 31-101-78. Amendment of regulations |
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Latest version.
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Any regulation may be amended or rescinded by the board at any time, in the manner provided by statute. |
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(Effective May 7, 1980) |
| Sec. 31-101-79. Application of regulations |
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Latest version.
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These regulations and any amendments thereto shall govern all proceedings filed with the board on or after the effective date of these regulations and all other proceedings then pending, except to the extent that, in the judgment of the board, their application to such pending proceedings would not be feasible or would work an injustice, in which event these regulations shall not apply. |
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(Effective May 7, 1980) |