Table of Contents Sec. 31-101. Definitions. When used in this chapter: Sec. 31-102. State Board of Labor Relations. (a) There shall continue to be in
the Labor Department the Connecticut State Board of Labor Relations, which shall be
composed of three members. On or before June first in the odd-numbered years, as the
term of each member expires, the Governor shall, with the advice and consent of the
General Assembly, appoint a successor to serve for a term of six years. Each member
of the board shall have been an elector in this state for at least one year next preceding
his appointment. Any member may be removed by the Governor for cause shown in a
public hearing after the accused has been given a copy of the charges made and has
had an opportunity to answer such charges. The Governor shall fill any vacancy by
appointment for the unexpired term. No member shall receive a salary but each member
shall be paid one hundred fifty dollars in lieu of expenses for each day during which he
is engaged in the duties of the board. The offices of the board shall be in the department
at Wethersfield. The board is authorized to hold hearings at any place in this state. Subject
to the provisions of chapter 67, the board shall appoint such employees, including an
assistant to the agent, for such periods as may be necessary to carry out the work of the
board and the provisions of this chapter without undue delay. All files, records and
documents accumulated by the board shall be kept in offices provided by the department.
All decisions shall be made by a majority of the board and a copy shall be filed with
the commissioner. As provided in section 4-60 and more frequently if required by the
governor, the board shall make a written report to the Governor, a copy of which shall
be filed with the commissioner. Sec. 31-103. Appointment and removal of agent. Testimonial privilege. Appointment and removal of legal counsel. (a) The board shall, on or before July 1, 1973,
and quadrennially thereafter, appoint an agent, who shall be the representative of the
board, for a term of four years at an annual salary to be set by the board, subject to the
approval of the Commissioner of Administrative Services and the Secretary of the Office
of Policy and Management in accordance with the provisions of section 4-40. Said agent
may be removed by the board for cause shown in public hearing, after the agent has
been given a copy of the charges made and has had an opportunity to answer such
charges. The board may fill any vacancy in this office by appointment for the unexpired
term. Said agent shall diligently investigate any complaints referred to him by the board
and any other violations of this chapter that come to his attention. If the agent finds
reasonable ground for any complaint or considers that there has been a violation of this
chapter, he shall issue, and cause to be served upon the person complained of, a petition
stating the charges and containing a notice of a 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.
If the agent considers that there has been no violation of this chapter, he shall report in
writing to the board, stating fully his reasons and recommendations. In any civil or
criminal case, any preliminary proceeding to such case, or any legislative or administrative proceeding, the agent or assistant agent shall not disclose any confidential communication made to him in the course of his duties under any of the statutes administered by
the board, unless the party making such communication waives such privilege. Sec. 31-104. Rights of employees. Employees shall have the right of self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choice and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, free from actual interference,
restraint or coercion by employers. Sec. 31-105. Unfair labor practices. It shall be an unfair labor practice for an
employer: (1) To spy upon or keep under surveillance, whether directly or through agents
or any other person, any activities of employees or their representatives in the exercise
of the rights set forth in section 31-104; (2) to prepare, maintain, distribute or circulate
any blacklist of individuals for the purpose of preventing any of such individuals from
obtaining or retaining employment because of the exercise by such individuals of any
of the rights set forth in section 31-104; (3) to dominate or actually interfere with the
formation, existence or administration of any employee organization or association,
agency or plan which exists in whole or in part for the purpose of dealing with employers
concerning terms or conditions of employment, labor disputes or grievances, or to contribute financial or other support to any such organization, by any means, including but
not limited to the following: (A) By participating or assisting in, supervising, controlling
or dominating (i) the initiation or creation of any such employee organization or association, agency or plan or (ii) the meetings, management, operation, elections, formulation
or amendment of the constitution, rules or policies of any such employee organization
or association, agency or plan; (B) by urging the employees to join any such employee
organization or association, agency or plan for the purpose of encouraging membership
in the same; (C) by compensating any employee or individual for services performed
in behalf of any such employee organization or association, agency or plan, or by donating free services, equipment, materials, office or meeting space or anything else of value
for the use of any such employee organization or association, agency or plan, provided
an employer shall not be prohibited from permitting employees to confer with him during
working hours without loss of time or pay; (4) to require an employee or one seeking
employment as a condition of employment to reveal membership, past membership or
nonmembership in a labor organization, either by the use of written application forms,
questionnaires or oral inquiries, or to join any company union or to refrain from forming
or joining or assisting a labor organization of his own choosing; (5) to encourage membership in any company union or discourage membership in any labor organization by
discrimination in regard to hire or tenure or in any term or condition of employment,
provided nothing in this chapter shall preclude an employer from making an agreement
with a labor organization requiring as a condition of employment membership therein,
if such labor organization is the representative of employees as provided in section 31-
106; (6) to refuse to bargain collectively with the representatives of employees, subject
to the provisions of said section 31-106; (7) to refuse to discuss grievances with representatives of employees, subject to the provisions of said section 31-106; (8) to discharge or
otherwise discriminate against an employee because he has signed or filed any affidavit,
petition or complaint or given any information or testimony under this chapter; (9) to
distribute or circulate any blacklist of individuals exercising any right created or confirmed by this chapter or of members of labor organizations, or to inform any person
of the exercise by any individual of such right, or of the membership of any individual
in a labor organization for the purpose of preventing individuals so blacklisted or so
named from obtaining or retaining employment; or (10) to do any acts other than those
enumerated in this section which restrain, coerce or interfere with employees in the
exercise of the rights set forth in section 31-104. Sec. 31-106. Election of representatives. (a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a
unit appropriate for such purposes or by the majority of the employees voting in an
election conducted pursuant to this section shall be the exclusive representative of all
the employees in such unit for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment or other conditions of employment, provided any
employee, directly or through representatives, shall have the right at any time to present
any grievance to his employer. In order to secure to employees the full benefit of this
chapter, the board shall decide in each case whether the appropriate unit shall be an
employer unit, craft unit, plant unit or any other unit, except that, when the majority of
the employees of a craft so decide, the board shall designate such craft as the appropriate
unit. In the case of an employer licensed by the Department of Public Health under
section 19a-490 and subject to the provisions of this chapter, the board shall not decide
(1) that any unit is appropriate if such unit includes both professional employees and
employees who are not professional employees unless a majority of such professional
employees or of any group of such professional employees as determined by the board
vote for inclusion in such unit or (2) that any unit is appropriate if such unit includes
more than one group of professional employees unless a majority of each group of such
professional employees as determined by the board vote for inclusion in such unit or
(3) that any unit of employees is appropriate which includes both supervisors and nonsupervisors in the same unit or (4) that more than five nonsupervisory professional units
are appropriate. Sec. 31-107. Complaints of unfair labor practices. Investigations, complaints,
hearings and orders. (a) The board is empowered and directed to prevent any unfair
labor practices. When a complaint has been made to the board that any employer has
engaged in or is engaging in an unfair labor practice, the board shall refer such complaint
to the agent who shall, after investigation and within ninety days after the date of such
referral, either (1) make a report to the board recommending dismissal of the complaint
or (2) issue a written complaint charging unfair labor practices. If no such report is made
and no such written complaint is issued, the board may in its discretion proceed to a
hearing upon the party's original complaint of the violation of this chapter which shall
in such case be treated for the purpose of this section as a complaint issued by the agent.
Upon receiving a report from the agent recommending dismissal of a complaint, the
board may issue an order dismissing the complaint or may order a further investigation
or a hearing thereon. Sec. 31-107a. Application for transcript. Costs. Any party who wishes to have
a transcript of the proceedings before the labor relations board shall apply therefor. The
parties may agree on the sharing of the costs of the transcript but, in the absence of such
agreement, the costs shall be paid by the requesting party. Sec. 31-108. Oaths. Subpoenas. Service of process. For the purpose of hearings
before the board, the board shall have power to administer oaths and affirmations and
to issue subpoenas requiring the attendance of witnesses. In case of contumacy or refusal
to obey a subpoena issued to any person, the Superior Court, upon application by the
board, shall have jurisdiction to order such person to appear before the board to produce
evidence or to give testimony touching the matter under investigation or in question,
and any failure to obey such order may be punished by said court as a contempt thereof.
No person shall be excused from attending and testifying or from producing books,
records, correspondence, documents or other evidence in obedience to the subpoena of
the board, on the ground that the testimony or evidence required of him may tend to
incriminate him or subject him to a penalty or forfeiture; but no individual shall be
prosecuted or subjected to any penalty or forfeiture for or on account of any transaction,
matter or thing concerning which he is compelled, after having claimed his privilege
against self-incrimination, to testify or produce evidence, except that such individual
so testifying shall not be exempt from prosecution and punishment for perjury committed
in so testifying. Complaints, orders and other processes and papers of the board or the
agent may be served personally, by registered or certified mail, by telegraph or by leaving
a copy thereof at the principal office or place of business of the person required to be
served. The verified return of service shall be proof of such service. Witnesses summoned before the board or the agent shall be paid the same fees and mileage allowances
that are paid witnesses in the courts of this state, and witnesses whose depositions are
taken and the person taking the same shall severally be entitled to the same fees as are
paid for like services in the courts of this state. All processes of any court to which an
application or petition may be made under this chapter may be served in the judicial
district wherein the person or persons required to be served reside or may be found. Sec. 31-109. Enforcement of orders. Appeals. (a) The board may petition the
superior court for the judicial district wherein the unfair labor practice in question occurred or wherein any person charged with the unfair labor practice resides or transacts
business, or, if said court is not in session, any judge of said court, for the enforcement
of an order and for appropriate temporary relief or a restraining order, and shall certify
and file in the court a transcript of the entire record of the proceedings, including the
pleadings and testimony upon which such order was made and the finding and orders
of the board. In the event an appeal has not been filed pursuant to section 4-183 or
subsection (d) of this section, the board may file its petition in the superior court for the
judicial district of Hartford, or, if said court is not in session, the board may petition
any judge of said court. Within five days after filing such petition in the superior court,
the board shall cause a notice of such petition to be sent by registered or certified mail
to all parties or their representatives. The superior court, or, if said court is not in session,
any judge of said court, shall have jurisdiction of the proceedings and of the questions
determined thereon, and shall have the power to grant such relief, including temporary
relief, as it deems just and suitable and to make and enter a decree enforcing, modifying
and enforcing as so modified, or setting aside in whole or in part, the order of the board. Sec. 31-110. Records and proceedings to be public. Subject to regulations to be
made by the board, the complaints, orders and testimony relating to a proceeding instituted under section 31-107 may be available for inspection or copying. All proceedings
pursuant to said section shall be open to the public. Sec. 31-111. Penalty. Any person who wilfully resists, prevents or interferes with
any member of the board or the agent in the performance of duties pursuant to this
chapter, or who interferes with the free exercise by employees of the right to select
representatives in an election directed by the board pursuant to section 31-106, shall be
fined not more than five hundred dollars or imprisoned not more than six months or both. Sec. 31-111a. Strike, work stoppage or lockout of hospital employees prohibited. No employees of an employer licensed by the Department of Public Health under
section 19a-490, or their representatives, or any other persons shall engage in or induce
or encourage, or attempt to engage in or induce or encourage, any strike, work stoppage,
slowdown or withholding of goods or services by such employees or other persons at
the institution where they are employed, provided nothing herein shall be construed to
prohibit publicity, other than picketing, for the purpose of truthfully advising the public
that a grievance or dispute, as defined by section 31-111b, exists at such employer's
premise, as long as such publicity does not have the effect of inducing any persons to
withhold goods or services at such employer's premise. No employer licensed by the
Department of Public Health under said section 19a-490 shall institute, declare or cause,
or attempt to institute, declare or cause, any lockout of the employees of such employer's
premise.
Sec. 31-101. Definitions.
Sec. 31-102. State Board of Labor Relations.
Sec. 31-103. Appointment and removal of agent. Testimonial privilege. Appointment and removal of legal counsel.
Sec. 31-104. Rights of employees.
Sec. 31-105. Unfair labor practices.
Sec. 31-106. Election of representatives.
Sec. 31-107. Complaints of unfair labor practices. Investigations, complaints, hearings
and orders.
Sec. 31-107a. Application for transcript. Costs.
Sec. 31-108. Oaths. Subpoenas. Service of process.
Sec. 31-109. Enforcement of orders. Appeals.
Sec. 31-110. Records and proceedings to be public.
Sec. 31-111. Penalty.
Sec. 31-111a. Strike, work stoppage or lockout of hospital employees prohibited.
Sec. 31-111b. Determination of grievances and disputes between hospital employees and employer.
(1) "Agent" means the representative of the board who handles all investigations
of complaints and violations of this chapter;
(2) "Board" means the labor relations board provided for in section 31-102;
(3) "Commissioner" means the Labor Commissioner or any representative designated by him;
(4) "Company union" means any committee, employee representation plan or association of employees which exists for the purpose, in whole or in part, of dealing with
employers concerning grievances or terms and conditions of employment which the
employer has initiated or created or whose initiation or creation he has suggested or
participated in or the formulation of whose governing rules or policies or the conduct
of whose management, policies or elections the employer participates in or supervises
or which the employer manages, finances, controls, dominates or assists in maintaining
or financing, whether by compensation to anyone for service performed in its behalf or
by donating free service, equipment, materials, office or meeting space or anything else
of value or by any other means;
(5) "Department" means the Labor Department;
(6) "Employee" includes, but shall not be restricted to, any individual employed by
a labor organization, any individual whose employment has ceased as a consequence
of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, and shall not be limited to the employees of a particular employer; but shall not
include any individual employed by his parent or spouse or in the domestic service of
any person in his home, any individual employed only for the duration of a labor dispute
or any individual employed as an agricultural worker;
(7) "Employer" means any person acting directly or indirectly in the interest of an
employer in relation to an employee, but shall not include any person engaged in farming,
or any person subject to the provisions of the National Labor Relations Act, unless the
National Labor Relations Board has declined to assert jurisdiction over such person, or
any person subject to the provisions of the Federal Railway Labor Act, or the state or
any political or civil subdivision thereof or any religious agency or corporation, or any
labor organization, except when acting as an employer, or any one acting as an officer
or agent of such labor organization. An employer licensed by the Department of Public
Health under section 19a-490 shall be subject to the provisions of this chapter with
respect to all its employees except those licensed under chapters 370 and 379, unless
such employer is the state or any political subdivision thereof;
(8) "Labor dispute" includes, but shall not be restricted to, any controversy between
employers and employees or their representatives concerning terms, tenure or conditions
of employment or concerning the association or representation of persons in negotiating,
fixing or maintaining, or seeking to negotiate, fix, maintain or change, terms or conditions of employment;
(9) "Labor organization" means any organization which exists and is constituted
for the purpose, in whole or in part, of collective bargaining, or of dealing with employers
concerning grievances, terms or conditions of employment, or other mutual aid or protection, and which is not a company union as defined herein;
(10) "Person" includes individuals, partnerships, associations, corporations, limited liability companies, trustees, receivers and legal representatives;
(11) "Representative" includes a labor organization or an individual, whether or
not employed by the employer or those whom he represents;
(12) "Unfair labor practice" means only those unfair labor practices listed in section
31-105;
(13) "Supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or
discipline other employees, or responsibility to direct them, or to adjust their grievances,
or effectively to recommend such action, if in connection with the foregoing the exercise
of such authority is not of a merely routine or clerical nature, but requires the use of
independent judgment, and such individuals shall be "employees" within the meaning
of subdivision (6) of this section;
(14) "Professional employee" means (A) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual,
mechanical or physical work; (ii) involving the consistent exercise of discretion and
judgment in its performance; (iii) of such a character that the output produced or the
result accomplished cannot be standardized in relation to a given period of time; and
(iv) requiring knowledge of an advanced type in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual instruction and study in an
institution of higher learning or a hospital, as distinguished from a general academic
education or from an apprenticeship or from training in the performance of routine
mental, manual or physical processes; or (B) any employee who (i) has completed the
courses of specialized intellectual instruction and study described in clause (iv) of subparagraph (A), and (ii) is performing related work under the supervision of a professional
person to qualify himself to become a professional employee as defined in subparagraph (A).
(1949 Rev., S. 7388; 1967, P.A. 497, S. 1, 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-79, S. 115, 189;
95-257, S. 12, 21, 58.)
History: 1967 act deleted exclusion of charitable and educational agencies and corporations in definition of "employer"
and added provision setting forth conditions under which employers licensed by health department are subject to provisions
of chapter, and added definitions of "supervisor" and "professional employee"; P.A. 77-614 replaced health department
with department of health services, effective January 1, 1979; in Subdiv. (14) lower case alphabetic Subpara. indicators
were replaced with upper case indicators editorially in 1991; P.A. 93-381 replaced department of health services with
department of public health and addiction services, effective July 1, 1993; P.A. 95-79 redefined "person" to include limited
liability companies, effective May 31, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 142 C. 457. Definitional section does not provide exclusion for nonprofit entities. 175 C. 165, 167.
Cited. 22 CS 31, id., 140.
Subdiv. (6):
Cited. 175 C. 165, 168.
Subdiv. (7):
Cited. 175 C. 165, 167.
Subdiv. (8):
Cited. 201 C. 685, 693.
Subdiv. (10):
Cited. 175 C. 165, 167.
Subdiv. (13):
Cited. 175 C. 165, 169.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Whenever conditions warrant, the Labor Commissioner or the chairman of the
board shall request the Governor to appoint, and the Governor shall have authority to
appoint, alternate members of said board in such numbers and for such periods of time
as he may determine to be necessary but not longer than one year, in order that said
board may render efficient service in performing the duties committed to it by statute.
Any such alternate shall meet the same qualifications and receive the same compensation
as regular members of the board. An alternate member shall serve in place of an absent
member of the board at any time when so directed by the board and while so serving
shall have all the powers of members of the board. Alternate members so appointed
shall have power to complete any matter pending at the expiration of the term for which
they were appointed.
(1949 Rev., S. 7389; 1949, 1951, S. 3031d; 1957, P.A. 426, S. 2; September, 1957, P.A. 11, S. 13; 1967, P.A. 354;
870, S. 2; P.A. 75-15; P.A. 77-91, S. 2; P.A. 79-610, S. 35; P.A. 87-284, S. 1, 2.)
History: 1967 acts added Subsec. (b) re alternate members and increased per diem payments from fifty to sixty dollars;
P.A. 75-15 changed location of board offices from Hartford to Wethersfield; P.A. 77-91 changed maximum term of
appointment for alternates from six months to one year; P.A. 79-610 increased per diem payments to seventy-five dollars;
P.A. 87-284 increased per diem payments to one hundred fifty dollars.
Cited. 142 C. 457.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) There shall be established the full-time position of legal counsel for the State
Board of Labor Relations. On or before October 1, 1977, and quadrennially thereafter,
the board shall appoint said counsel for a term of four years, at an annual salary to be
set by the board subject to the approval of the Commissioner of Administrative Services
and the Secretary of the Office of Policy and Management in accordance with the provisions of section 4-40. Said counsel may be removed by the board for cause shown in
public hearing, after said counsel has been given a copy of the charges made and has
an opportunity to answer such charges. The board may fill any vacancy in this office
by appointment for the unexpired term. Notwithstanding the provisions of section 3-
125, said counsel shall represent the State Board of Labor Relations in court on all
matters in which the board is a party or is interested, or in which the official acts or
doings of said board are called in question, investigate legal questions for the board,
and aid in the preparation of decisions. Said counsel shall also represent the State Board
of Mediation and Arbitration in all matters involving collective bargaining rights of
state employees. The board shall designate the agent appointed under subsection (a) of
this section or any assistant agent who is an attorney to serve as assistant counsel as it
deems necessary.
(1949 Rev., S. 7390; 1949, S. 3032d; P.A. 77-610, S. 2, 3; P.A. 81-22; P.A. 82-472, S. 106, 183.)
History: P.A. 77-610 added Subsec. (b) establishing position of legal council for board of labor relations; P.A. 81-22
afforded agents and assistant agents a testimonial privilege in order to prevent disclosure of confidential communications
made by parties to an agent in the course of his duties unless the right is waived by the affected party; P.A. 82-472 made
technical correction.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7391.)
Cited. 138 C. 277. Guarantees to employees right of self-organization free from coercion by employers. 139 C. 95.
Cited. 142 C. 497. Allows employees to decide whether to join a labor organization, except where there is a valid closed
or union shop agreement. 146 C. 93. Cited. 226 C. 475, 493.
Cited. 14 CS 72; 17 CS 203; 22 CS 136.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7392; February, 1965, P.A. 256.)
History: 1965 act amended Subdiv. (4) to specify that requiring employee or potential employee to reveal membership,
past membership or nonmembership in a labor organization is an unfair practice; in Subdiv. (3) lower case alphabetic
Subpara. indicators were replaced with upper case alphabetic indicators editorially in 1991.
Subsec. (2):
See Sec. 31-51 re blacklisting.
Cited. 138 C. 277; 142 C. 457. Prohibits acts by employers which coerce employees in exercise of their right of self-
organization. 139 C. 95. Cited. 146 C. 93. Layoff of complainants without subsequent recall held to be, in effect, a discharge
because of their union activities. 148 C. 135. Cited. 149 C. 6. Institution of shop regulations as subterfuge to discharge
employee is unfair labor practice. 150 C. 597. Dispatchers held not employees; thus taxi company not in violation of statute.
151 C. 573. Cited. 162 C. 579.
Cited. 14 CS 72; 20 CS 11. The hiring of men known not to be in favor of the union in order to destroy union's majority
status held to be an unfair labor practice. 19 CS 280. See note to section 31-236. Failure of union to properly represent an
employee held an unfair labor practice under federal statute. 20 CS 438. Cited. 22 CS 138.
Although defendant was a union representative, employer did not violate this subdivision by refusing to discuss grievances with him because there was no claim by defendant nor finding of the court that he was the duly designated or selected
representative of the employees as required. 3 Conn. Cir. Ct. 529.
Subsec. (3):
Cited. 175 C. 625, 641.
Subsec. (5):
Union shop clause expressly provided for. 180 C. 459, 462.
Subsec. (6):
An unfair labor practice under this subsection must be a failure to bargain with a union which in fact had been selected
as bargaining agent for a unit. 147 C. 344. If collective bargaining agreement does not permit individual employee to seek
arbitration personally, then employee must seek relief through bargaining agent. 147 C. 608. Cited. Id. Cited. 175 C. 165,
167. Refusal to bargain collectively with certified representatives of one's employees violates this section. Id., 625, 631.
Cited. 232 C. 57, 59, 60.
Cited. 43 CS 340, 342.
Subsec. (10):
Picketing to compel employer to violate provision of this subsection is unlawful. 146 C. 93.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) In accordance with such regulations as may be adopted by the board according
to the provisions of chapter 54, whenever a petition is filed with the board by an employee
or his representative complaining that a question or controversy concerning the representation of employees exists, or by an employer or his representative that there is a question
or controversy concerning the representation of employees between two or more labor
organizations, the board shall refer the petition to its agent who shall investigate the
petition. He shall issue a direction of election and conduct a secret ballot election to
determine whether and by which employee organization the employees desire to be
represented if he has reasonable cause to believe that a question of representation exists,
or issue a recommendation to dismiss the petition if he finds that there is not such
reasonable cause, or refer the petition to the board for a hearing without having conducted
an election or issuing a recommendation of dismissal, in which event the board shall
conduct an appropriate hearing upon due notice. The agent shall report his action to the
board. The board shall issue an order confirming the agent's direction of election and
certifying the results of the election, or issue an order confirming the agent's recommendation for dismissal, or order a further investigation, or provide for an appropriate hearing
upon due notice. Before taking any of the aforesaid actions, the board shall provide the
parties with an opportunity to file briefs on the questions at issue and shall fully consider
any such briefs filed. After a hearing, the board shall order any of the aforesaid actions
on the petition, or shall upon good cause order any other suitable method to determine
whether and by which employee organization the employees desire to be represented.
The board shall certify the results.
(c) The board shall have the power to determine who may participate in the election
and to establish the rules governing such election, provided no election need be directed
by the board solely because of the request of an employer or of employees prompted
thereto by their employer, nor shall any individual employed for the duration of a strike
or a lockout be eligible to vote in such election, nor shall such election be conducted
with the employer's participation, assistance or supervision.
(d) If, at an election conducted pursuant to this section, three or more nominees for
exclusive collective bargaining representatives appear on the ballot and no one of them
receives a majority of the votes cast at the election, the two nominees who receive the
highest number of votes shall appear on the ballot of a second election to be conducted
hereunder, and the one receiving a majority of the votes cast at the second election shall
be the exclusive representative of all the employees in such unit for the purpose of
collective bargaining in respect to rates of pay, wages, hours of employment or other
conditions of employment.
(e) A labor organization nominated as the representative of employees shall be listed
by name on the ballots authorized by subsections (b) and (c) of this section. If, after the
hearing provided for in subsection (b) of this section, the board finds that any committee,
employee, employee representation plan or association of employees involved is a company union, or if any such committee, employee representation plan or association of
employees is found to be a company union, it shall not be listed on the ballots or otherwise
recognized as eligible to be the representative of employees under this chapter.
(f) The board shall have no powers of investigation.
(g) All elections ordered by the board shall be by secret ballot.
(1949 Rev., S. 7393; 1951, S. 3033d; 1967, P.A. 497, S. 3; P.A. 77-614, S. 323, 610; P.A. 81-29, S. 1; P.A. 93-381, S.
9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1967 act added provisions in Subsec. (a) limiting board's power to decide whether bargaining units are appropriate if employer is licensed by the state department of health; P.A. 77-614 replaced department of health with department
of health services, effective January 1, 1979; P.A. 81-29 amended Subsec. (b) to provide that the board's agent shall have
increased powers over petitions concerning the election of representatives, while resting final action with the board and
to give the board power to adopt regulations controlling the handling of such petitions under Subsec. (b); P.A. 93-381
replaced department of health services with department of public health and addiction services, effective July 1, 1993;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995.
Cited. 138 C. 277; 139 C. 99; 146 C. 93. When unit composed of single employee is deemed to have appointed a
collective bargaining agent. 147 C. 344. Union membership alone does not warrant presumption union has been designated
as such agent. Id. Cited. 162 C. 579. Board has wide discretion to determine appropriate bargaining units. 175 C. 165, 171.
Board is without authority to order an election unless an employee complains that a question or controversy exists. 14
CS 72. Employer must recognize a certification rightfully given for a reasonable period of time, regardless of changed
conditions. 19 CS 282. In selection of appropriate bargaining unit, board has wide discretion and decision is conclusive
unless it is arbitrary or capricious. 22 CS 139. A majority of votes cast in election is sufficient for choice of bargaining
representative. Id., 143.
Cited. 3 Conn. Cir. Ct. 524, 529.
Subsec. (b):
Cited. 175 C. 625, 626, 629, 641.
Subsec. (e):
Cited. 175 C. 625, 639.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Upon receiving a complaint issued by the agent, the board shall set a time and
place for the hearing, which time and place may be changed by the board at the request
of the agent or the employer for cause shown. Any such complaint may be amended
with the permission of the board. The person so complained of shall have the right to
file an answer to the original or amended complaint within five days after the service
of such complaint or within such other time as the board may limit. Such person shall
have the right to appear in person or otherwise to defend against such complaint. In the
discretion of the board any person may be allowed to intervene in such proceeding. In
any hearing the board shall not be bound by technical rules of evidence prevailing in
the courts.
(c) A stenographic or electronic record of the testimony shall be taken at all hearings
of the board and a transcript thereof shall be filed with the board upon its request. The
board shall have the power to order the taking of further testimony and for further argument. If, upon all the testimony, the board determines that the employer has engaged
in or is engaging in any unfair labor practice, it shall state its finding of fact and shall
issue and cause to be served on such employer an order requiring him to cease and desist
from such unfair labor practice, and shall take such further affirmative action as will
effectuate the policies of this chapter, including, but not limited to: (1) Withdrawal of
recognition from and refraining from bargaining collectively with any company union,
established, maintained or assisted by any action defined in this chapter as an unfair
labor practice; (2) awarding of back pay; (3) reinstatement with or without back pay of
any employee discriminated against in violation of section 31-105 or by maintenance
of a preferential list from which such employee shall be returned to work; (4) reinstatement with or without back pay of all employees whose work has ceased or whose return
to work has been delayed or prevented as the result of unfair labor practice in respect
to any employee or employees or the maintenance of a preferential list from which such
employees shall be returned to work. Such order may further require such person to
make reports from time to time showing the extent to which the order has been complied
with. If upon all the testimony the board is of the opinion that the person or persons
named in the complaint have not engaged in or are not engaging in any such unfair labor
practice, then the board shall make its finding of fact and shall issue an order dismissing
the complaint. The board shall not require as a condition of taking action or issuing any
order under this chapter that employees on strike or engaged in any other lawful concerted activity shall discontinue such strike or such activity. Until a transcript of the
record in a case has been filed in the Superior Court, as provided in section 31-109, the
board may, at any time, upon notice, modify or set aside in whole or in part any finding
or order made or issued by it. Proceedings before the board shall be held with all possible
expedition.
(1949 Rev., S. 7394; 1969, P.A. 357; P.A. 73-120, S. 1, 3.)
History: 1969 act detailed agent's responsibility to make report or issue written complaint and procedure if agent neither
makes report nor issues complaint in Subsec. (a); P.A. 73-120 amended Subsec. (c) to substitute "stenographic or electronic
record" for "transcript" and to require filing of transcript with board "upon its request" where previously such filing was
mandatory.
See note to Sec. 31-109.
When agent filed report recommending dismissal of charges, board held a hearing to review agent's action; held, though
board did not follow procedure set out in statute, in effect its action amounted to a hearing on the merits of the controversy.
148 C. 135. If board at one hearing found probable cause on a complaint, it is not barred from then sitting in judgment on
such complaint. Id.
Cited. 22 CS 144.
Subsec. (a):
Cited. 43 CS 340, 342.
Subsec. (c):
Cited. 175 C. 625, 642. Cited. 217 C. 110, 128. Cited. 232 C. 91, 114.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-120, S. 2, 3.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7396; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted "judicial district" for "county".
See Sec. 52-260 re witness fees.
Cited. 234 C. 704, 717.
Cited. 33 CS 205, 206.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) No objection that has not been urged before the board shall be considered by
the court, unless the failure to urge such objection is excused because of extraordinary
circumstances. The findings of the board as to the facts, if supported by substantial
evidence, shall be conclusive. If either party applies to the court for leave to adduce
additional evidence and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such
evidence in the hearing before the board, the court may order such additional evidence
to be taken before the board and to be made part of the transcript. The board may modify
its findings as to the facts, or make new findings, by reason of additional evidence so
taken, and it shall file such modified or new findings, which, if supported by substantial
evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order.
(c) The jurisdiction of the Superior Court shall be exclusive and its judgment and
decree shall be final, except that the same shall be subject to review by the Appellate
Court, on appeal, by either party, irrespective of the nature of the decree or judgment
or the amount involved. Such appeal shall be taken and prosecuted in the same manner
and form and with the same effect as is provided under section 51-197b.
(d) Any person aggrieved by a final order of the board granting or denying in whole
or in part the relief sought may appeal pursuant to the provisions of chapter 54 to the
superior court for the judicial district where the unfair labor practice was alleged to have
occurred, in the judicial district of Hartford, or in the judicial district wherein such person
resides or transacts business.
(e) Any employer who appeals from an order or part of an order containing a direction to pay back pay to employees need not comply with so much of such order as directs
such payment during the pendency of an appeal to the Superior Court or the Appellate
Court.
(f) Except as provided in subsection (e) of this section, unless otherwise directed
by the court, commencement of proceedings under subsections (a) and (d) shall not
operate as a stay of such order.
(g) Petitions filed under this section shall be heard expeditiously and determined
upon the transcript filed, without requirement of printing. Hearings in the Superior Court
or Appellate Court under this chapter shall take precedence over all other matters, except
matters of the same character.
(1949 Rev., S. 7395; P.A. 76-436, S. 618, 681; P.A. 78-280, S. 1, 127; P.A. 83-308, S. 1; June Sp. Sess. P.A. 83-29,
S. 27, 82; P.A. 88-230, S. 1, 12; 88-317, S. 34, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 76-436 added references to judicial districts and replaced provision in Subsec. (c) which stated that appeals
be taken as in other cases of appeal to the supreme court and that record is to contain "all that was before the lower court"
with provision requiring that appeals be taken as provided "under section 52-7", effective July 1, 1978; P.A. 78-280 deleted
references to counties; P.A. 83-308 amended Subsec. (a) to allow the board to file its petition for enforcement of an order
in the superior court for the judicial district of Hartford-New Britain if an appeal of the order has not been filed; June Sp.
Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317
amended Subsec. (d) to require an appeal to be made "pursuant to the provisions of chapter 54," instead of specifying the
procedure for the appeal, and allowed an appeal to be made to the superior court in the judicial district of Hartford-New
Britain, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 142 C. 457. Cited. 175 C. 625, 632.
Board's decision conclusive if supported by substantial evidence. 14 CS 72; 19 CS 283. Court should allow reasonable
time in which to act after modification. 17 CS 293. Certification of bargaining agent is not an order which is reviewable.
22 CS 132. Id., 137. Specification of reasons why appellant claims to be aggrieved should be set forth in appeal. 22 CS 136.
Subsec. (a):
Cited. 39 CS 338, 343, 346.
Subsec. (b):
"Substantial evidence" defined. 147 C. 142. On review, superior court can do no more, on factual questions presented,
than to examine record to determine whether ultimate findings were supported by substantial evidence. 148 C. 135. Substantial evidence defined. Id. Cited. 149 C. 7. So long as there is substantial evidence supporting board's findings, court is
unable to interfere. 150 C. 597. Finding of fact by board cannot be disturbed unless not supported by substantial evidence.
160 C. 285. Cited. 173 C. 210, 214. Cited. 175 C. 165, 170; id., 349, 365.
Cited. 8 CA 57, 61.
Cited. 39 CS 338, 345.
Subsec. (c):
Appeal to supreme court from judgment of superior court rendered pursuant to Municipal Employees Relations Act is
to be taken and prosecuted in same manner as other appeals to supreme court. 159 C. 46.
Subsec. (d):
Labor relations board decision as to appropriate bargaining unit and directing an election among members of that unit
is not a final order of board and not directly appealable. 154 C. 530. Cited. 173 C. 210, 212. Cited. 175 C. 165, 166.
Cited. 8 CA 57, 60. Cited. Id., 197, 199, 202.
Cited. 36 CS 18, 23. Cited. 38 CS 80, 82. Cited. 43 CS 340, 345.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7397.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7399.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1967, P.A. 497, S. 4; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
93-381 replaced department of health services with department of public health and addiction services, effective July 1,
1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995.
(Return to TOC) (Return to Chapters) (Return to Titles)