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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title7 Municipalities |
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SubTitle7-471-1_7-471-75. Municipal Employee Relations Act |
| Sec. 7-471-1. 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 Municipal Employee Relations Act, sections 7-467 to 7-477 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. 7-471-2. 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. 7-471-3. 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. 7-471-4. Public information |
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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. |
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(Effective May 7, 1980) |
| Sec. 7-471-5. 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. 7-471-6. Definitions |
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The term “Act” as used herein means the Municipal Employee Relations Act, sections 7-467 to 7-479, 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 document(s) to the board’s office address and any other means of delivery prescribed by the board. In proceedings under subdivisions (1) and (4) of section 7-471 of the Connecticut General Statutes, 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 percent of the membership of the claimed unit. In proceedings under subdivision (5) of said section, 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 terms defined in section 7-467 of the act shall have the same meanings in these regulations. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-7. Computation of Time |
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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. 7-471-8. Filing of petition |
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(a) A petition, in writing, for an election pursuant to subdivision (1) of section 7-471 of the Connecticut General Statutes may be filed with the board by an employee or group of employees or any employee organization acting in their behalf, or in special circumstances under section 7-471-10 of these regulations by a municipal employer. A petition, in writing, for clarification or modification of an existing unit pursuant to subdivision (4) of section 7-471 of the Connecticut General Statutes, may be filed with the board by an employee organization or municipal employer. The original of the petition shall be signed and sworn to by any person authorized to administer the oath and 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 employee 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. (b) A petition, including a petition to clarify or modify an existing unit, will be considered timely if it is filed between 180 and 150 days prior to the expiration of the collective bargaining agreement covering the employees who are the subject of the petition. Pursuant to subdivision (4) of section 7-471 of the Connecticut General Statutes, a petition to clarify or modify an existing unit, concerning either a newly created position or an unrepresented employee, may be filed at any time by an employee organization. The board may consider petitions filed at other times if compelling reasons are shown for deviation from the foregoing regulation. |
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(Effective October 5, 1993; Amended October 11, 2013) |
| Sec. 7-471-9. Information in petition filed by employee or labor organization |
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(a) A petition , when filed by an employee, or a group of employees or any employee organization acting on their behalf, shall contain the information required by the form supplied by the board, including the following: (1) The name and address of the petitioner, and, if it is an employee organization, the length of time it has been in existence; (2) the name of the municipal employer; (3) 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 employee organizations who claim to be the representatives of any of the employees in the claimed bargaining unit or units and a brief description of any contract covering any employees in such unit or units; (4) an allegation that a substantial number of employees, as defined in section 7-471-6 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 which has been certified or is currently being recognized as the bargaining representative is no longer the representative of a majority of employees in the unit; (5) an allegation that a question or controversy exists concerning representation; (6) 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 (7) a certification signed and attested 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. (b) If a petition has been filed with the board in compliance with subsections (1) through (7), inclusive, of this section, any other employee organization may file with the board a petition which states that ten percent (10%) 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. (c) If the petition is for clarification or modification of an existing bargaining unit filed by an employee organization, the petition shall also include, in addition to the foregoing, a statement that the petitioner wishes to clarify or modify an existing unit or positions therein, and a description of the desired changes to an existing bargaining unit. |
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(Effective October 5, 1993; Amended October 11, 2013) |
| Sec. 7-471-10. Information in petition signed by employer |
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Such petition, when filed by a municipal employer, shall contain the information required by the form supplied by the board , including the following: (a) the name of the petitioning municipal employer; (b) 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; (c) the names and addresses of any employee 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; (d) an allegation that one or more employee organizations have presented to it a claim to be recognized as the representative of a majority of employees in a bargaining unit; (e) a certification signed and attested to before any person authorized to administer an oath, stating that a copy of the petition has been served on all unions claiming to represent the employees; and (f) if the petition is for clarification or modification of an existing bargaining unit, the petition shall also include, in addition to subsections (a) to (e), inclusive, of this section, a statement that the petitioner wishes to clarify or modify an existing unit or positions therein, and a description of the desired changes to an existing bargaining unit. |
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(Effective October 5, 1993; Amended October 11, 2013) |
| Sec. 7-471-11. Amendment or withdrawal of petition |
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Any petition may be amended, in whole or in part, by any party or the board, or withdrawn by the petitioner, before the first ballot is cast in an election, upon such conditions as the board may deem proper and just. |
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(Effective May 7, 1980) |
| Sec. 7-471-12. 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 employees’ wishes and report the agent’s findings promptly to the board. (b) Proof of an employee’s desire with regard to representation may be established as follows: The petitioner(s) 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 shall be void if signed beyond 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) 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 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 condition set forth in Sections 7-471-14, 7-471-14a, 7-471-15, and 7-471-16 of these regulations and the agent will 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 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 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. (d) 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 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. (e) 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. (f) The Board, after considering the direction of election or the Agent’s recommendation for dismissal, together with the briefs submitted, shall, as appropriate within 30 days of receiving the record: (1) issue an order confirming the agent’s direction of election and certifying the results, or (2) issue an order confirming the agent’s recommendation for dismissal, or (3) order further investigation, or (4) order a hearing upon due notice, (g) 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 7-471-13 of the Regulations of Connecticut State Agencies. (h) 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. 7-471-13. 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. 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 except motions for interim relief. 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. 7-471-14. Election; 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. (b) All elections shall be held at such times and places and upon such terms or conditions as the board or the agent may specify. All elections shall be by secret ballot. (c) The employees eligible to vote shall be those 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 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 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 notices earlier. |
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(Effective October 5, 1993; Amended October 11, 2013) |
| Sec. 7-471-14a. Interference |
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(a) During the course of a representation campaign, certain 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 7-471-14(d) of the Regulations of Connecticut State Agencies. (7) Failing to post notices of election in accordance with section 7-471-14(e) of the Regulations of Connecticut State Agencies. (b) In the absence of extraordinary circumstances, a party having knowledge of grounds pursuant to this section for objection to an election is required to make such 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. 7-471-15. Challenged ballots |
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At any election, 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 ballot shall be sealed by the employee 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 October 5, 1993; Amended October 11, 2013) |
| Sec. 7-471-16. Procedure following elections; challenges and objections |
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(a) Upon the conclusion of any election or elections, the board or its agent or a person 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 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. 7-471-17. 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 will not issue a certification unless the wishes of the employees have been ascertained by secret ballot election. |
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(Effective 7, 1980) |
| Sec. 7-471-18. Election after certification |
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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. 7-471-19. Filing of complaint |
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A complaint that any person, employee organization or municipal employer has engaged in or is engaging in any prohibited practice under the act may be filed by an employee, a group of employees, an employee organization or a municipal employer, any of whom may hereafter be referred to as the person filing the complaint. |
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(Effective May 7, 1980) |
| Sec. 7-471-20. Complaints; form and filing; certification of service |
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A complaint shall be in writing. The original shall be signed and sworn to before any person authorized to administer an oath. The original complaint shall be filed with the board. The complaint shall include a certification also signed and sworn to before any person authorized to administer an oath stating that a copy of the complaint has been served upon the respondent by registered or certified mail or in person. Blank forms for making the complaint shall be supplied by the board upon request. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-21. Information in complaint |
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A complaint shall contain the following: (a) the full name and address of the person making the complaint; (b) the full name and address of the person against whom the complaint is filed; (c) a clear and concise description of the acts which are claimed to constitute prohibited 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; (d) an enumeration of the subdivision or subdivisions of section 7-470 claimed to have been violated; (e) a statement of the relief to which the complainant deems himself entitled. Such claim for relief shall not limit the powers of the board vested in it by the act. |
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(Effective May 7, 1980) |
| Sec. 7-471-22. Withdrawal |
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A complaint, or any part thereof, may be withdrawn upon such conditions as the board deems proper. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-23. Reference of complaint to agent; investigation |
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All complaints filed with the board shall be automatically referred to the agent, who shall investigate the same with due diligence, provided, however, that the agent may return to the complainant without investigation any complaint which does not comply with section 7-471-21 of these regulations. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-24. Report by agent to board |
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Within three months of the date when the complaint was filed, the agent shall report to the board upon each complaint referred to him, recommending its dismissal or a hearing upon it. If the agent recommends dismissal, he shall do so in writing and shall forthwith serve a copy of his recommendation upon all parties in interest. If any such party files a written objection to the agent's recommendation of dismissal within fourteen (14) days of its service upon him, the board shall order a hearing to be held upon the complaint, in the manner provided in section 7-471-25. Unless such objection is so filed, the board will dismiss the complaint. |
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(Effective May 7, 1980) |
| Sec. 7-471-25. Action by board upon agent's report notice of heading |
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The board shall act promptly upon the agent's report. If it orders a hearing, it shall cause to be issued and served upon each person complained of a copy of the complaint and a notice of hearing before the board at the time and place therein fixed, to be held not less than seven days after the service of such complaint. Notice of the hearing shall be given to the person filing the complaint or his representative. |
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(Effective May 7, 1980) |
| Sec. 7-471-26. Acceleration of hearing |
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The parties to the proceedings may consent by stipulation to a hearing within less than seven days after the service of the complaint. |
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(Effective May 7, 1980) |
| Sec. 7-471-27. Amendment of complaint |
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Any complaint may be amended by any party or the board at any time before final decision or order, upon such terms and conditions as the board deems just and proper. |
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(Effective May 7, 1980) |
| Sec. 7-471-28. 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 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 copies thereof with the board and serve copies of the answer on each party to the proceeding. |
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(Effective May 7, 1980) |
| Sec. 7-471-29. Contents of answer |
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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 of new matter which constitutes the grounds of defense. |
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(Effective May 7, 1980) |
| Sec. 7-471-30. New matter in answer |
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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. 7-471-31. Extension of time for 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. 7-471-32. Amendment of answer following amendment of complaint |
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In any ease 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. 7-471-33. Failure to file answer |
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Notwithstanding any failure of the respondent to file an answer within the time provided in section 7-471-28, the board may proceed to hold a hearing at the time and place specified in the notice of 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. 7-471-34. Construction of pleadings |
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All pleadings shall be liberally construed. |
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(Effective May 7, 1980) |
| Sec. 7-471-35. Back pay 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 computations 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. 7-471-36. Interim relief pending final disposition |
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(a) Following the date on which a complaint has been made to the board concerning an ongoing violation of the act, the complainant may request the board to issue an interim order requiring the respondent to cease and desist from such act or practice until the board has made its final determination. Such request must clearly and specifically state with certainty and definiteness all the essential facts relied upon by complainant to show that he has met the standards contained in subsection (g), infra. The facts alleged in said request must be supported by affidavits which shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence before the board at a formal hearing, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto. (b) At least two days prior to the day upon which the request is filed with the board, the complainant shall cause a copy of said request, affidavits and attachments to be sent by registered or certified mail, or to be served by an appropriate officer upon, all parties or their representatives. (c) Respondent shall have the right to file an answer and counter affidavits. Failure of respondent to file an answer and counter affidavits and to appear before the board or single member thereof shall not prevent the board from accepting as true the facts properly alleged in the complaint and affidavits and granting the complainant’s request. (d) After having considered the facts contained in complainant’s request and affidavits, and respondent’s answer and counter affidavits, if any, the board may in its discretion dismiss the request without a hearing. (e) If the board does not dismiss the request as provided in subsection (d), supra, and the parties do not waive a hearing: A panel of the board or a single member thereof shall conduct a hearing as expeditiously as possible after its receipt of the motion for interim relief. If a panel of the board hears the motion it shall issue a decision within thirty (30) days of the close of the hearing. (f) If a single member of the board hears the motion, that member shall issue a proposed decision within thirty (30) days of the close of the hearing, and if no objections are filed it will be the decision of the board on the motion for interim relief. Specific written objections to the proposed decision shall be filed within five (5) days, and the board may in its discretion conduct a hearing on the objections, but in any case, the board shall issue a decision on the motion within thirty (30) days of the issuance of the proposed decision. (g) In determining whether to issue an interim order the board shall consider (1) the harm to the complainant if an interim order is not issued; including whether irreparable injury, loss, or damage will result, (2) the harm to the respondent if an interim order is issued, (3) the probability of success on the merits by the complainant, and (4) the interests of the public. (h) If an interim order is issued and the general counsel finds the respondent is not complying with said order, the general counsel shall promptly seek enforcement of the board order in the Superior Court. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-37. Declaratory ruling; form of petition |
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Whenever there is a substantial and immediate threat to rights protected by the Municipal Employee 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 or 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. 7-471-38. Declaratory rulings; 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. 7-471-39. 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) one party seeks to submit a matter to a fact finder or binding interest arbitrator which the other party contends is not a mandatory subject for collective negotiations or (3) 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. 7-471-40. 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. 7-471-41. Settlement of cases |
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Latest version.
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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. 7-471-42. Pre-trial hearings |
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Latest version.
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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. 7-471-43. Vacancy in board; quorum |
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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. 7-471-44. Nonjoinder and misjoinder of parties |
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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. 7-471-45. Joining of respondents |
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All persons alleged to have engaged in any prohibited 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 as is appropriate 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. 7-471-46. Motions during pendency of hearing |
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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 7-471-48. 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) |
| Sec. 7-471-47. Motions made before or after hearing |
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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 days thereafter, file an original, with proof of due service, and four 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 copies shall be filed with the board within three 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, shall decide 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. 7-471-48. Intervention; procedure; contents; filings and service |
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Any person, municipal employer or employee organization desiring to intervene in any proceeding shall file with the board a sworn petition and four copies thereof in writing, setting forth the facts upon which such person, municipal employer or employee 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 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 shall be determined that good and sufficient reasons 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 shall determine may effectuate the policies of the act. |
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(Effective May 7, 1980) |
| Sec. 7-471-49. Consolidation or severance |
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Two or more proceedings under section 7-471 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. 7-471-50. 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. If a witness resides outside the state or through illness or other cause is unable to testify before the board, his or her 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 by motion to the board in accordance with the motion practice herein set forth. |
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(Effective May 7, 1980) |
| Sec. 7-471-51. Application for subpoenas |
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Any party to a proceeding may apply to the board for the issuance of a subpoena or subpoena 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. 7-471-52. Issuance of subpoenas for production of books, papers and other matters |
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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. 7-471-53. Fees and mileage for witnesses |
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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. 7-471-54. Board shall conduct hearings |
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A hearing for the purpose of taking testimony upon a complaint, or 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. 7-471-55. Hearings; powers and duties of the board |
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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 provide 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. 7-471-56. Examination of witnesses; introduction of evidence |
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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. 7-471-57. 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 shall be supported by substantial evidence. |
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(Effective May 7, 1980) |
| Sec. 7-471-58. 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. 7-471-59. 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. 7-471-60. Contemptuous conduct at hearings |
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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. 7-471-61. Waiver of hearing; consent orders |
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Latest version.
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(a) Nothing in sections 7-471-19 to 7-471-75, inclusive, of the Regulations of Connecticut State Agencies, 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 shall waive the holding of any hearing and making of the findings of fact and conclusions of law. (b) Nothing in sections 7-471-19 to 7-471-75, inclusive, of the Regulations of Connecticut State Agencies 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. 7-471-62. Oral argument or briefs; requests for findings of fact and conclusions |
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Latest version.
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(a) In all hearings under section 7-471 of the act 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 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 regard to the request. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-63. Variance between allegation and proof; defects in pleading and procedure |
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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 a prohibited practice proceeding and the proof shall 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. 7-471-64. Motions and objections during hearing |
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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. 7-471-65. 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) |
| Sec. 7-471-66. Findings of fact and conclusions of law; decision and order |
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Latest version.
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The board shall, at any time after the close of a hearing under section 7-471(5) of the Connecticut General Statutes 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; and (d) decision and order. |
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(Effective May 7, 1980; Amended October 11, 2013) |
| Sec. 7-471-67. Record of proceedings in prohibited practice cases |
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Latest version.
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(a) The record of the proceedings before the board in prohibited practice cases shall consist of the complaint or amended complaint, any other pleadings, notices of hearing, motions, orders, stenographic report, exhibits, depositions, findings of fact, conclusions of law, the decision and order. (b) If a prohibited 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 prohibited practice proceeding for all purposes. |
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(Effective May 7, 1980) |
| Sec. 7-471-68. Record of proceedings in 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, agreement, stenographic report, exhibits, decision and direction of election, report upon secret ballot, objections thereto, certification, dismissal or decision and order. |
| Sec. 7-471-69. Record public |
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Latest version.
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The record as defined in sections 7-471-67 and 7-471-68 shall constitute the public record of the cases 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. 7-471-70. Limitation on board members and employees appearing before 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 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. |
| Sec. 7-471-71. Service of documents by board |
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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. 7-471-72. Services of papers by 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 or first class mail, postage pre-paid 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. 7-471-73. Service on attorney |
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Latest version.
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If a party appears by her, 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. 7-471-74. 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. 7-471-75. Application to pending proceedings |
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Latest version.
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Sections 7-471-1 to 7-471-75, inclusive, 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 general regulations shall not apply. |
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(Effective May 7, 1980) |