Substitute Senate Bill No. 1034

Public Act No. 01-103

AN ACT ESTABLISHING COLLECTIVE BARGAINING RIGHTS FOR DEPARTMENT OF CORRECTION OFFICERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (g) of section 5-270 of the general statutes is repealed and the following is substituted in lieu thereof:

(g) "Managerial employee" means [(1)] any individual in a position in which the principal functions are characterized by not fewer than two of the following, provided for any position in any unit of the system of higher education, one of such two functions shall be as specified in [subparagraph (D) below: (A)] subdivision (4) of this subsection: (1) Responsibility for direction of a subunit or facility of a major division of an agency or assignment to an agency head's staff; [(B)] (2) development, implementation and evaluation of goals and objectives consistent with agency mission and policy; [(C)] (3) participation in the formulation of agency policy; [(D)] or (4) a major role in the administration of collective bargaining agreements or major personnel decisions, or both, including staffing, hiring, firing, evaluation, promotion and training of employees. [; or (2) Department of Correction employees at the level of lieutenant or above.]

Sec. 2. Subsection (b) of section 5-275 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The board shall determine the appropriateness of a unit which shall be the public employer unit or a subdivision thereof. In determining the appropriateness of the unit, the board shall: (1) Take into consideration, but shall not be limited to, the following: (A) Public employees must have an identifiable community of interest, and (B) the effects of overfragmentation; (2) not decide that any unit is appropriate if (A) such unit includes both professional and nonprofessional employees, unless a majority of such professional employees vote for inclusion in such unit, or (B) such unit includes both Department of Correction employees at or above the level of lieutenant and Department of Correction employees below the level of lieutenant; (3) take into consideration that when the state is the employer, it will be bargaining on a state-wide basis unless issues involve working conditions peculiar to a given governmental employment locale; (4) permit the faculties of (A) The University of Connecticut, (B) the Connecticut State University system, and (C) the state regional vocational-technical schools to each comprise a separate unit, which in each case shall have the right to bargain collectively with its respective board of trustees or its designated representative; and (5) permit the community college faculty and the technical college faculty as they existed prior to July 1, 1992, to continue to comprise separate units which in each case shall have the right to bargain collectively with its board of trustees or its designated representative. Nonfaculty professional staff of the above institutions may by mutual agreement be included in such bargaining units, or they may form a separate bargaining unit of their own. This section shall not be deemed to prohibit multiunit bargaining.

Approved June 20, 2001