PUBLIC EMPLOYEE COLLECTIVE BARGAINING LAWS

You asked for a summary and comparison of the statutory procedures and timetables under the collective bargaining laws for teachers, municipal employees, and state employees. This report updates our 1995 report on this subject (95-R-1608).

SUMMARY

Connecticut has three collective bargaining laws covering teachers and school administrators (CGS §§ 10-153a-153o), municipal employees (CGS §§ 7-467-479), and state employees (CGS §§ 5-270-280), respectively. The laws are similar in many ways but also contain significant differences.

The scope of collective bargaining is generally the same for all three groups and encompasses wages, hours, and other conditions of employment. The major difference in the scope of bargaining is that teachers do not bargain over retirement issues since the Teachers Retirement Fund is administered and funded by the state. In addition, in bargaining over hours, teachers cannot bargain over the length or scheduling of the student school day (other than teacher lunch and preparation periods) or the student school year or over the length and number of parent-teacher conferences.

All three public employee groups are barred from going on strike.

As for the negotiations timetables, the municipal and state employee laws set their timetables based on a contract expiration date, while the teacher law works back from the local budget submission date. The teacher law is the only one that requires a contract to be in place by a certain date. The municipal and state employee laws allow the parties to agree to waive all negotiation deadlines.

All three laws contain requirements for legislative approval of negotiated settlements. A negotiated agreement, together with a request for funds to implement it, is submitted to the appropriate legislative body (local in the case of teachers and municipal employees; the General Assembly in the case of state employees) within a certain time after the agreement is concluded. The legislative body may approve or reject the agreement by a majority vote.

Impasse resolution procedures in the three laws are similar. All three provide for mediation and arbitration. All three require mandatory, last-best-offer binding arbitration but the statutory procedures are slightly different. For example, the municipal and teacher laws require a three-member arbitration panel or single arbitrators chosen from permanent panels, while the state employee law requires a single arbitrator agreed to by the parties. There is no permanent state employee arbitration panel.

The biggest difference among the three laws with respect to arbitration is the finality of awards. Although all three allow legislative bodies to reject initial awards by a two-thirds vote, the municipal and teacher laws require a second, binding arbitration on a rejected award, while the state employee law requires the parties to resume negotiations. If those negotiations reach impasse, there is a second arbitration. The second arbitration award is submitted to the General Assembly according to the regular timetable. The assembly can reject it again and the parties must resume negotiations again. Theoretically, this could happen an infinite number of times. Local legislative bodies may reject a first arbitration award on any grounds while the General Assembly may reject a state employee award only on the grounds of insufficient funds.

STATUTORY PROCESSES AND TIMETABLES

Table 1 below compares the statutory processes and timetables set forth in each of the three laws. Not all the laws contain all the steps. Where a particular part of the process is not applicable, it is noted in the table.

Table 1 shows the processes from beginning to end assuming impasses at all intermediate steps. Table 2 shows the three processes for legislative approval of collective bargaining agreements. This table is included to show what happens if the parties reach agreement at any point before arbitration begins.

BASIS OF ARBITRATION DECISIONS

All three laws require arbitrators to consider certain factors in arriving at their decisions. Like other provisions, the criteria in each law are similar but not always identical to those in the others. Table 3 compares the decision criteria listed in the three laws.

Table 1: Public Employee Collective Bargaining Timetables

*Step in Process*	*Teachers*	*Municipal Employees*	*State Employees*
Before negotiations begin	Local board of education meets with local financial authority 240 days prior to local budget submission date	N. A.	Either party serves notice on other of desire to begin negotiations: 180-150 days prior to contract expiration or 60-30 days prior to effective date of wage reopener
Begin negotiations (if agreement is reached, see appropriate column of Table 2)	210 days prior to budget submission	120 days prior to contract expiration or, if an original contract for a new bargaining unit, 30 days after the unit is certified by the State Board of Labor Relations or recognized by the employer	Within 30 days of service of notice (20 days for wage reopener); 150-120 days prior to contract expiration
Begin mediation (if agreement, see Table 2)	160 days prior to budget submission	70 days prior to contract expiration or 80 days after unit certification or recognition (or earlier at the request of either party)	After negotiations have started, whenever parties jointly request

*Step in Process*	*Teachers*	*Municipal Employees*	*State Employees*
Education commissioner may recommend settlement	4^th day following the end of mediation or 135 days prior to budget submission, whichever is earlier	N. A.	N. A.
Begin arbitration	4^th day following the end of mediation or 135 days prior to budget submission, whichever is earlier	30 days after contract expires or after date specified for beginning of reopener negotiations or for reopener implementation; or 180 days after unit certification or recognition (or earlier at the request of either party)	After a reasonable negotiation period or, in the case of negotiations to revise an existing agreement concerning wages, hours, or other employment conditions, after 90 days
Parties select own arbitrators or, under TNA, parties notify education commissioner of agreement to submit dispute to a single arbitrator	4^th day following the end of mediation or 135 days prior to budget submission, whichever is earlier	40 days after contract expires (10 days after arbitration begins)	N. A.
Neutral arbitrator selected or, under TNA, parties notify education commissioner of the name of their agreed-on single arbitrator	130 days prior to budget submission (if chosen by education commissioner, must be chosen randomly from a panel of neutral arbitrators)	45 days after contract expires or 15 days after arbitration begins (two party arbitrators jointly select a third, neutral arbitrator from the MERA panel of neutral arbitrators)	Parties mutually select a single arbitrator within 10 days after filing for arbitration. If parties cannot agree, selection is made using voluntary labor arbitration rules of the American Arbitration Association
Arbitrators send written notice of time and place of hearings	At least 5 days before hearing (notice to school district fiscal authority must be sent by registered mail, return receipt requested)	50 days after contract expires or 20 days after arbitration begins	At least 10 days before hearing
Pre-hearing submissions	N. A.	Parties submit proposed agreements to each other 53 days after contract expires or 23 days after arbitration begins	Parties file last best offers before hearing begins

*Step in Process*	*Teachers*	*Municipal Employees*	*State Employees*
Hearings begin	125-118 days prior to budget submission date (between the 5th and the 12th day after the selection of the neutral arbitrator)	55 days after contract expires or 25 days after arbitration begins. When hearings begin, each party files statement of which parts of the other party’s proposal it will accept and which it rejects, together with alternatives to the rejected language	20 days after arbitrator is selected
Hearings end	100-93 days prior to budget submission (25 days after hearings begin)	75 days after contract expires or 45 days after arbitration begins (20 days after hearings begin)	30 days after start unless extended by parties’ joint request or by arbitrator
Arbitrators send parties a statement of resolved and unresolved issues	N. A.	80 days after contract expires or 50 days after arbitration begins	N. A.
Parties file last best offers	No specific time set	85 days after contract expires or 55 days after arbitration begins	Before hearings (see above)
Parties file briefs on unresolved issues	N. A.	92 days after contract expires or 62 days after arbitration begins	N. A.
Parties file reply briefs	N. A.	97 days after contract expires or 67 days after arbitration begins	7 days after receiving briefs
First award deadline	80-73 days prior to budget submission (20 days after hearing ends)	117 days after contract expires or 87 days after arbitration begins	20 days after reply brief filing
Award submitted to General Assembly with statement of funds necessary to implement	N. A.	N. A.	Within 10 days after award is distributed if the General Assembly is in session or within 10 days of first day of next regular or special session called to consider awards
Deadline for General Assembly to reject awards	N. A.	N. A.	Within 30 days of submission. If General Assembly fails to reject award by a two-thirds vote of one house, contract is considered approved. If rejected, parties return to negotiations.
Deadline for local legislative body to reject first award	55-48 days prior to budget submission (25 days after receiving award)	142 days after contract expires (25 days after receiving award)	N. A.

*Step in Process*	*Teachers*	*Municipal Employees*	*State Employees*
Legislative body files written reasons for rejection with state and union	45-38 days prior to budget submission (10 days after vote to reject)	152 days after contract expires (10 days after vote to reject)	N. A.
Union and school board (if applicable) file written response to rejection with state	35-28 days prior to budget submission (10 days after receiving notice of rejection)	162 days after contract expires (10 days after receiving notice of rejection)	N. A.
Appointment of second arbitration panel	Same as above	Same as above	N. A.
Review of prior arbitration completed	15-8 days prior to budget submission (20 days after second panel appointed)	182 days after contract expires (20 days after second panel appointed)	N. A.
Second decision issued	10-3 days prior to budget submission (25 days after second panel appointed)	187 days after contract expires (25 days after second panel appointed)	N. A.

*Teachers*	*Municipal Employees*	*State Employees*
Collective bargaining agreements must be filed “forthwith” with the town clerk by the local board of education. Agreements may be rejected by the local legislative body at a regular or special meeting held within 30 days of the filing. If the agreement is rejected, mandatory binding arbitration ensues (see Table 1).	Collective bargaining agreements must be submitted by the municipal bargaining representative to the local legislative body within 14 days. Agreements are considered approved unless the legislative body rejects them within 30 days of submission. If rejected, mandatory binding arbitration ensues (see Table 1).	Collective bargaining agreements must be submitted to the General Assembly within 10 days if the assembly is in session. If not, within 10 days of the first day of the next regular or special session called to consider agreements. The General Assembly has 30 days to reject an agreement by majority vote of one house. If an agreement is rejected, parties resume negotiations.

*Teachers*	*Municipal Employees*	*State Employees*
1. Arbitrators must give priority to the public interest and financial capability of the employer including other demands on its financial capability. All other factors must be evaluated in light of the town’s financial capability. In determining ability to pay, arbitrators must disregard budget reserves of 5% or less.	1. Same as teachers, except no requirement to disregard budget reserves of 5% or less	1. State’s ability to pay
2. History of negotiations between the parties including those leading to the arbitration proceeding. Must include the offers and discussion of issues.	2. History of negotiations between the parties including those leading to the arbitration proceeding.	2. Same as municipal employees
3. Existing employment conditions of the employee group and that of similar groups.	3. Same as teachers	3. Existing employment conditions of similar groups of employees
4. Wages, fringe benefits, and working conditions prevailing in the state labor market. Consideration must include terms of recent contract settlements or awards in the private sector and for other municipal employee groups	4. Wages, fringe benefits, and working conditions prevailing in the labor market. Must include developments in private sector wages and benefits.	4. Wages, fringe benefits, and working conditions prevailing in the labor market.
5. N. A.	5. N. A.	5. Overall compensation to the employees involved including direct wages, overtime, and premium pay; vacations, holidays, and other leave; insurance; pensions; medical and hospitalization benefits; food and apparel furnished; and other benefits received.
6. Changes in cost of living averaged over preceding three years	6. Changes in cost of living	6. Changes in cost of living
7. The interest and welfare of the employees	7. Same	7. Same


December 21, 2004		2004-R-0983
PUBLIC EMPLOYEE COLLECTIVE BARGAINING LAWS

By: Judith Lohman, Chief Analyst