Sec. 5-275. Employee organization designated as exclusive representative.
Bargaining unit determination. Petitions seeking clarification or modification of
existing units. (a)(1) On and after October 1, 1975, any interested organization may
notify the State Board of Labor Relations that thirty per cent or more of the employees
in a bargaining unit established under sections 5-270 to 5-280, inclusive, desire to be
exclusively represented for the purposes of collective bargaining within the unit by
the petitioning organization and request the designation of said organization as their
exclusive representative; (2) if the board certifies that a majority of the employees in
such bargaining unit desire to be so represented, said board shall agree to said designation, unless there is a challenge. To challenge, an intervening organization must show
that at least ten per cent or more of the employees of the unit seek to be the exclusive
representative. Any additional organization meeting said ten per cent prerequisite shall
be treated, upon request, as an additional intervenor; (3) if there is a challenge, or if the
board certifies that thirty per cent or more but less than a majority of employees in a
bargaining unit desire to be exclusively represented by a particular organization, said
board shall direct an election by secret ballot to determine whether and by which employee organization the employees desire to be represented and shall certify the results
thereof. The board shall refer the petition to its agent who shall investigate the petition
and 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. No election shall be directed in any bargaining unit or any
subdivision thereof within which in the preceding twelve-month period a valid election
has been held. No election shall be directed by the board during the term of a written
collective bargaining agreement, except for good cause. In any election where none of
the choices on the ballot receives a majority, a runoff shall be conducted, the ballot
providing for a selection between the two choices receiving the largest and second largest
number of valid votes cast in the election. An employee organization which receives
a majority of votes cast in an election shall be designated by the board as exclusive
representative of the employees in the unit. No employee organization shall be eligible
to petition for or participate in a recognition election until it has been in existence in
state employment for at least six months.
(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 limit consideration 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
their respective boards of trustees or their designated representatives; 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.
(c) An employee organization or an employer may file a petition with the board
seeking a clarification or modification of an existing unit. The power of the board to
make such clarifications and modifications shall be limited to those times when a petition
for clarification or modification is filed by either an employee organization or an employer. No petition seeking a clarification or modification of an existing unit shall be
considered to be timely by the board during the term of a written collective bargaining
agreement, except that a petition for clarification or modification filed by an employee
organization concerning either (1) a newly created position or (2) any employee who
is not represented by an employee organization, may be filed at any time.
(P.A. 75-566, S. 5; P.A. 81-29, S. 2; P.A. 82-218, S. 39, 46; P.A. 89-260, S. 5, 41; P.A. 91-255, S. 1; 91-256, S. 42,
69; P.A. 92-126, S. 15, 48; P.A. 01-103, S. 2; P.A. 03-19, S. 13.)
History: P.A. 81-29 amended Subsec. (a) to provide board's agent with increased powers over petitions concerning the
election of representatives, while resting final action with the board; P.A. 82-218 replaced "state colleges" with "Connecticut State University" in Subsec. (b) pursuant to reorganization of higher education system, effective March 1, 1983; P.A.
89-260 in Subdiv. (4) of Subsec. (b) substituted "regional community colleges" for "community colleges", "regional
technical colleges" for "state technical colleges" and "regional vocational-technical schools" for "vocational schools";
P.A. 91-255 added Subsec. (c) re petitions seeking clarification or modification of existing units; P.A. 91-256 made a
technical change in Subsec. (b); P.A. 92-126 amended Subsec. (b) to add Subdiv. (5) retaining rights of community college
and technical college faculty to have separate bargaining units; (Revisor's note: In 1995 the Revisors editorially substituted
in Subdivs. (1) and (4) of Subsec. (b) the alphabetic indicators (A), (B) and (C) for (i), (ii) and (iii), as appropriate, for
consistency with statutory usage); P.A. 01-103 amended Subsec. (b)(2) by designating a portion of existing provisions as
Subpara. (A) and adding Subpara. (B) re appropriateness of unit if such unit includes Department of Correction employees
both at or above the level of lieutenant and below the level of lieutenant; P.A. 03-19 made technical changes in Subsec.
(b), effective May 12, 2003.
Subsec. (a):
Cited. 183 C. 235, 243.
Sec. 5-276. Mediation and arbitration services by State Board of Mediation
and Arbitration. (a) The services of the State Board of Mediation and Arbitration
shall be available to employers or employee organizations designated as the exclusive
bargaining representative for purposes of settlement of grievances arising out of the
interpretation and application of the terms of a written agreement, for mediation of
impasses in contract negotiations, for purposes of arbitration of disputes over the interpretation or application of the terms of a written agreement and for arbitration of impasses resulting from negotiations over unit contracts, unit reopeners and coalition bargaining matters as provided in subsection (f) of section 5-278.
(b) Nothing contained herein shall prevent the use of other arbitration tribunals in
the resolution of disputes between employers and designated employee organizations.
(P.A. 75-566, S. 7; P.A. 86-411, S. 2, 8.)
History: P.A. 86-411 provided that the state board of mediation and arbitration shall provide arbitration services for
negotiation impasses concerning unit contracts, reopeners and coalition bargaining, effective July 1, 1986, and applicable
to negotiations then in progress.
Subsec. (b):
Cited. 20 CA 676, 677.
Sec. 5-276a. Timetable for negotiations between employer and designated employee organization. Mediation. Elective binding arbitration; procedure. (a) In the
event that either the employer, as defined in subsection (a) of section 5-270, or a designated employee organization, as defined in subsection (d) of said section, may desire
negotiations with respect to an original or successor collective bargaining agreement,
such party, not more than one hundred eighty days prior to the expiration of the existing
collective bargaining agreement nor less than one hundred fifty days prior thereto, shall
serve written notice thereof upon the other party. Negotiations shall commence within
thirty days of such service. Negotiations as to wage reopeners shall commence within
twenty days of receipt by one party of a written notice with respect thereto, served in
accordance with the provisions of any such reopener in the affected contract or, if none
is stated therein, not more than sixty days nor less than thirty days prior to the effective
date of such reopener.
(b) Upon the joint request of the parties, following the commencement of good faith
negotiations, the State Board of Mediation and Arbitration may designate a mediator
to assist the parties in continuing such negotiations and in reaching a settlement of the
issues presented in such negotiations. The mediator designated shall be experienced in
labor mediation and shall be drawn from lists of such mediators maintained by the
board, the American Arbitration Association or the Federal Mediation and Conciliation
Service. The mediator so designated may only serve if approved by both parties.
(c) If, after a reasonable period of negotiation, or, in the case of negotiations by the
parties to an existing collective bargaining agreement to revise such agreement concerning any matter affecting wages, hours and other conditions of employment, after ninety
days from the commencement of such negotiations, the parties are unable to reach an
agreement, both parties or either of them may initiate arbitration by filing with the State
Board of Mediation and Arbitration a list of the issues as to which an impasse has been
reached. If such filing is not made jointly, a copy of the filing shall be served on the
other party.
(d) Within ten days of a joint filing or within ten days of service on the other party
in the case of a single filing, the parties shall jointly select an arbitrator. The person
selected shall have substantial, current experience as an impartial arbitrator of labor-management disputes. Persons who serve partisan interests as advocates or consultants
for labor or management in labor-management relations or who are associated with or
are members of a firm which performs such advocate or consultant work may not be
selected. If the parties fail to agree on an arbitrator within the ten-day period, the selection
shall be made using the procedures under the voluntary labor arbitration rules of the
American Arbitration Association.
(e) (1) The arbitrator selected shall contact the parties to schedule dates and places
for hearings which shall commence not later than twenty days after the selection of the
arbitrator and which shall be, where feasible, in the principal locality of the state board,
department, commission or agency or unit thereof involved. At least ten days prior to
each such hearing, written notice of the designated time and place of such hearing shall
be sent to the state employer and the state employee organization. The arbitrator shall
preside over such hearings, shall have the power to take testimony, to administer oaths
and to summon, by subpoena, any person whose testimony may be pertinent to the
proceedings, together with any records or other documents deemed by the arbitrator to
relate to such matters. In the case of contumacy or refusal to obey a subpoena issued to
any person, the Superior Court, upon application by the arbitrator or either party, shall
have jurisdiction to order such person to appear before the arbitrator to produce subpoenaed records and to give testimony touching the matter under investigation or in question, and any failure to obey such order may be punished by the court as a contempt
thereof. The parties may, at any time during the course of the proceeding, jointly request
the arbitrator to attempt to mediate any or all of the disputed issues.
(2) The hearings may, at the discretion of the parties or the arbitrator, be continued
and shall be concluded within thirty days after their commencement, unless such period
is extended by the joint request of the parties or by the arbitrator.
(3) Prior to the commencement of the hearings, each party shall submit to the arbitrator three copies of a list of all resolved and unresolved issues, including the party's
proposal on each disputed issue. During the hearing no new issues can be considered
unless such addition is mutually agreed to by the parties. Upon receipt of both such lists,
the arbitrator shall simultaneously distribute a copy of each to the opposing party. Upon
the hearing, each party shall present such testimony and other evidence as it deems
appropriate and as the arbitrator finds relevant to the issues presented. Evidence as to
each disputed issue shall be presented first by the party presenting the demand underlying
such issue. At any time prior to the issuance of the award by the arbitrator, the parties
may jointly file with the arbitrator stipulations setting forth such disputed issues the
parties have agreed are to be withdrawn from arbitration. Within fourteen days after the
conclusion of the taking of testimony, the parties may file with the arbitrator three copies
of their briefs including their last best offer on each unresolved issue and, where possible,
estimates of the costs of resolution of each disputed issue. Immediately upon receipt of
both briefs or upon the expiration of the time for filing such briefs, whichever is sooner,
the arbitrator shall distribute a copy of each such brief to the opposing party. Within
seven days after receipt of the opposing briefs on the disputed issues or within seven
days after the expiration of the time for filing such briefs, whichever is sooner, the parties
may file with the arbitrator three copies of a reply brief, responding to the briefs on the
unresolved issues. Immediately upon receipt of both reply briefs or upon the expiration
of the time for filing such briefs, whichever is sooner, the arbitrator shall distribute a
copy of each such brief to the opposing party.
(4) Within twenty days after the last day for filing reply briefs, the arbitrator shall
file with the secretary of the State Board of Mediation and Arbitration the award on
each unresolved issue as well as the issues resolved by the parties during the arbitration
proceedings. The arbitrator shall immediately and simultaneously distribute a copy
thereof to each party. In making such award, the arbitrator shall select the more reasonable last best offer proposal on each of the disputed issues based on the factors in subdivision (5) of this subsection. The arbitrator (A) shall give a decision as to each disputed
issue considered, (B) shall state with particularity the basis for such decision as to each
disputed issue and the manner in which the factors enumerated in subdivision (5) of this
subsection were considered in arriving at such decision, (C) shall confine the award to
the issues submitted and shall not make observations or declarations of opinion which
are not directly essential in reaching a determination, and (D) shall not affect the rights
accorded to either party by law or by any collective bargaining agreement nor in any
manner, either by drawing inferences or otherwise, modify, add to, subtract from or
alter such provisions of law or agreement. If the day for filing any document under this
subsection falls on a day which is not a business day of the State Board of Mediation
and Arbitration, then the time for filing shall be extended to the next business day of
the board.
(5) The factors to be considered by the arbitrator in arriving at a decision are: The
history of negotiations between the parties including those leading to the instant proceeding; the existing conditions of employment of similar groups of employees; the wages,
fringe benefits and working conditions prevailing in the labor market; the overall compensation paid to the employees involved in the arbitration proceedings, including direct
wages compensation, overtime and premium pay, vacations, holidays and other leave,
insurance, pensions, medical and hospitalization benefits, food and apparel furnished
and all other benefits received by such employees; the ability of the employer to pay;
changes in the cost of living; and the interests and welfare of the employees.
(6) The award of the arbitrator shall be final and binding upon the employer and
the designated employee organization unless rejected by the legislature as provided in
section 5-278, except that a motion to vacate or modify such award may be filed in the
superior court for the judicial district of Hartford within thirty days following receipt
of such award. The court, after hearing, may vacate or modify the award if substantial
rights of a party have been prejudiced because such award is: (A) In violation of constitutional provisions; (B) in excess of the statutory authority of the arbitrator; (C) made
upon unlawful procedure; (D) affected by other error of law; (E) clearly erroneous in
view of the reliable, probative and substantial evidence of the whole record; or (F)
arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion.
(7) The secretary of the State Board of Mediation and Arbitration shall serve as staff
to the arbitrator for purposes of all proceedings undertaken pursuant to this subsection.
(f) The arbitrator's fees and itemized expenses, the rental, if any, of the facilities
used for the hearing and the cost of the transcript, if any, of the proceedings shall be
divided equally between the employer and the designated employee organization.
(g) Any or all of the timing requirements established in this section may be waived
by agreement of the parties or by request of the arbitrator.
(P.A. 86-411, S. 3, 8; P.A. 88-230, S. 1, 12; 88-364, S. 6, 123; P.A. 90-98, S. 1, 2; P.A. 91-290; P.A. 93-142, S. 4, 7,
8; P.A. 95-220, S. 4-6.)
History: P.A. 86-411 effective July 1, 1986, and applicable to negotiations then in progress; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364
made technical change in Subsec. (e); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to
September 1, 1993; P.A. 91-290 amended Subsec. (c) by adding provisions re ninety-day period for negotiations to revise
existing collective bargaining agreements; 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. 20 CA 676, 677.
Subsec. (c):
Cited. 226 C. 670, 674.
Sec. 5-276b. Interest charges on overdue arbitration settlement payments. (a)
Whenever a monetary settlement is awarded pursuant to an interest arbitration proceeding conducted pursuant to section 5-276a, and such award is not rejected by the legislature pursuant to section 5-278, and payment is not made in accordance with the terms
of such settlement within sixty days of the date such award was issued, the party liable
for such payment shall be required to pay interest, at the rate of five per cent per annum,
on such overdue payment, calculated from the date the award was issued.
(b) Whenever a monetary settlement is awarded pursuant to a state employee grievance arbitration proceeding, and payment is not made in accordance with the terms of
such settlement within thirty days of the date such award was issued, the party liable
for such payment shall be required to pay interest, at the rate of five per cent per annum,
on such overdue payment, calculated from the date the award was issued.
(P.A. 87-335.)
Subsec. (b):
Constitutes statutory exception to power of claims commissioner and is legislative waiver of sovereign immunity with
respect to interest. 20 CA 676-680.
Sec. 5-277. Petition to State Board of Mediation and Arbitration for fact finding. Section 5-277 is repealed.
(P.A. 75-566, S. 8; P.A. 86-411, S. 7, 8.)
Sec. 5-278. Determination of employer representative. Negotiations and
agreements with employee representative. Arbitration awards. Conflicts with statutes, acts or agency regulations. (a) When an employee organization has been designated, in accordance with the provisions of sections 5-270 to 5-280, inclusive, as the
exclusive representative of employees in an appropriate unit, the employer shall be
represented in collective bargaining with such employee organization in the following
manner: (1) In the case of an executive branch employer, including the Division of
Criminal Justice, by the chief executive officer whether elected or appointed, or his
designated representative; who shall maintain a close liaison with the legislature relative
to the negotiations and the potential fiscal ramifications of any proposed settlement;
(2) in the case of a judicial branch employer, by the Chief Court Administrator or his
designated representative; and (3) in the case of each segment of the system of higher
education, the faculty and professional employees shall negotiate with their own board
of trustees or its designated representative.
(b) Any agreement reached by the negotiators shall be reduced to writing. The
agreement, together with a request for funds necessary to fully implement such
agreement and for approval of any provisions of the agreement which are in conflict
with any statute or any regulation of any state agency, and any arbitration award, issued
in accordance with section 5-276a, together with a statement setting forth the amount
of funds necessary to implement such award, shall be filed by the bargaining representative of the employer with the clerks of the House of Representatives and the Senate
within ten days after the date on which such agreement is reached or such award is
distributed. The General Assembly may approve any such agreement as a whole by a
majority vote of each house or may reject such agreement as a whole by a majority vote
of either house. The General Assembly may reject any such award as a whole by a
two-thirds vote of either house if it determines that there are insufficient funds for full
implementation of the award. If rejected, the matter shall be returned to the parties
for further bargaining. Once approved by the General Assembly, any provision of an
agreement or award need not be resubmitted by the parties to such agreement or award
as part of a future contract approval process unless changes in the language of such
provision are negotiated by such parties. Any supplemental understanding reached between such parties containing provisions which would supersede any provision of the
general statutes or any regulation of any state agency or would require additional state
funding shall be submitted to the General Assembly for approval in the same manner
as agreements and awards. If the General Assembly is in session, it shall vote to approve
or reject such agreement or award within thirty days after the date of filing. If the General
Assembly is not in session when such agreement or award is filed, it shall be submitted
to the General Assembly within ten days of the first day of the next regular session or
special session called for such purpose. The agreement or award shall be deemed approved if the General Assembly fails to vote to approve or reject such agreement or
award within thirty days after such filing or submission. The thirty-day period shall not
begin or expire unless the General Assembly is in regular session. For the purpose of
this subsection, any agreement or award filed with the clerks within thirty days before
the commencement of a regular session of the General Assembly shall be deemed to be
filed on the first day of such session.
(c) Notwithstanding any provision of any general statute or special act to the contrary, the legislature shall appropriate whatever funds are required to comply with a
collective bargaining agreement, supplemental understanding or arbitration award, provided the request called for in subsection (b) of this section has been approved by the
legislature.
(d) No provision of any general statute or special act shall prevent negotiations
between an employer and an employee organization which has been designated as the
exclusive representative of employees in an appropriate unit, from continuing after the
final date for setting the state budget. An agreement between an employer and an employee organization shall be valid and in force under its terms when entered into in
accordance with the provisions of this chapter and signed by the chief executive officer
or administrator as a ministerial act. Such terms may make any such agreement effective
on a date prior to the date on which the agreement is entered. No publication thereof
shall be required to make it effective. The procedure for the making of an agreement
between the employer and an employee organization provided by sections 5-270 to 5-280, inclusive, shall be the exclusive method for making a valid agreement for employees
represented by an employee organization, and any provisions in any general statute or
special act to the contrary shall not apply to such an agreement.
(e) Where there is a conflict between any agreement or arbitration award approved
in accordance with the provisions of sections 5-270 to 5-280, inclusive, on matters
appropriate to collective bargaining, as defined in said sections, and any general statute
or special act, or regulations adopted by any state agency, the terms of such agreement or
arbitration award shall prevail; provided if participation of any employees in a retirement
system is effected by such agreement or arbitration award, the effective date of participation in said system, notwithstanding any contrary provision in such agreement or arbitration award, shall be the first day of the third month following the month in which a
certified copy of such agreement or arbitration award is received by the Retirement
Commission or such later date as may be specified in the agreement or arbitration award.
(f) (1) Notwithstanding any other provision of this chapter, collective bargaining
negotiations concerning changes to the state employees retirement system to be effective
on and after July 1, 1988, and collective bargaining negotiations concerning health and
welfare benefits to be effective on and after July 1, 1994, shall be conducted between
the employer and a coalition committee which represents all state employees who are
members of any designated employee organization. (2) The provisions of subdivision
(1) of this subsection shall not be construed to prevent the employer and any designated
employee organization from bargaining directly with each other on matters related to
the state employees retirement system and health and welfare benefits whenever the
parties jointly agree that such matters are unique to the particular bargaining unit. (3)
The provisions of subdivision (1) of this subsection shall not be construed to prevent
the employer and representatives of employee organizations from dealing with any state-wide issue using the procedure established in said subdivision.
(g) (1) Nonmandatory subjects of bargaining shall not be subject to the impasse
procedures of section 5-276a. In the case of higher education teaching faculty, the arbitrator shall not make a decision involving academic policy unless it affects the wages,
hours or conditions of employment of such faculty. Any arbitration award issued on
such matters shall be unenforceable. (2) Unless mutually agreed to by the parties, the
impasse procedures of section 5-276a shall not be invoked during the pendency before
the State Board of Labor Relations of any scope of bargaining question arising from the
parties' negotiations. Any such question shall take precedence over all other matters
pending before said board.
(P.A. 75-566, S. 9; P.A. 76-435, S. 42, 82; P.A. 77-22, S. 2, 3; P.A. 80-483, S. 151, 186; P.A. 83-318; P.A. 86-411, S.
4, 8; P.A. 88-126, S. 1-3; P.A. 89-349, S. 1, 4; P.A. 91-265; June Sp. Sess. P.A. 91-3, S. 163, 168.)
History: P.A. 76-435 replaced vague reference to "provisions of this law" with "provisions of this chapter" in Subsec.
(d); P.A. 77-22 amended Subsec. (a) removing provision that chief administrative officer or his representative represent
legislative branch employer in collective bargaining; P.A. 80-483 replaced references to personnel boards with references
to any state agency; P.A. 83-318 amended Subsec. (a) by replacing the "chief administrative officer" with the "chief court
administrator" as the representative of a judicial branch employer; P.A. 86-411 amended Subsec. (b) to (1) remove the
provision that failure to submit a request for funds within fourteen days of the date an agreement is reached constitutes a
prohibited practice, (2) allow previously approved provisions to be excluded from the submittal of any successor agreement,
(3) require the legislature to vote on the request within thirty days of submittal, and (4) establish requirements for the
submittal of arbitration awards to the legislature and added Subsecs. (f) and (g), establishing coalition bargaining for
retirement issues and setting limitations on the use of the impasse procedures, effective July 1, 1986, and applicable to
negotiations then in progress; P.A. 88-126 amended Subsec. (b) to require supplemental understandings containing provisions which supersede general statutes or state agency regulations or which require additional state funding to be submitted
to general assembly for approval and made technical change in Subsec. (b) and amended Subsec. (c) to require appropriation
of funds required to comply with a supplemental understanding, provided request called for in Subsec. (b) has been approved
by legislature; P.A. 89-349 amended Subdiv. (2) of Subsec. (b) by adding the provisions of Subpara. (B) requiring the
appropriations committee to consider arbitration awards filed when the legislature is not in session, specified that arbitration
awards be filed with the clerks of the senate and the house of representatives and provided the procedures to be followed
for the purposes of a special session; P.A. 91-265 amended Subsec. (f) to require coalition bargaining for health and welfare
benefits to be effective on and after July 1, 1994; June Sp. Sess. P.A. 91-3 amended Subsec. (b) to establish identical filing
procedures and time limits for collective bargaining agreements and arbitration awards and to provide that such agreements
may be rejected by a majority vote of either house and such awards may be rejected by a two-thirds vote of either house.
Cited. 179 C. 184, 194, 197. Cited. 197 C. 91, 99. Cited. 201 C. 685, 693.
Cited. 43 CS 1, 4, 5.
Subsec. (b):
Cited. 179 C. 184, 186, 190, 191, 196, 197. Cited. 183 C. 235, 238. Cited. 197 C. 91, 92, 95, 96, 98-100. Cited. 239
C. 32.
Cited. 13 CA 461, 465.
Cited. 43 CS 1, 3, 4.
Subsec. (e):
Cited. 179 C. 184, 190, 196, 197. Cited. 197 C. 91, 99, 101.
Cited. 13 CA 461, 465.
Sec. 5-278a. Certain provisions of collective bargaining agreement to remain
in effect. In the event an agreement expires before a new agreement has been approved
by the employee organization, the employer representative and the legislature, the provisions of the expired agreement concerning (1) salary, excluding annual increments, (2)
differentials, (3) overtime, (4) longevity, and (5) allowances for uniforms, which were
implemented pursuant to approval by the legislature in accordance with section 5-278
shall remain in effect until such time as a new agreement is reached and approved in
accordance with section 5-278. Nothing in this section shall affect the rights and duties
of the employer and any exclusive employee representative designated to negotiate such
new agreement under sections 5-271 to 5-280, inclusive, during the period of time after
such agreement expires including the right to negotiate the extension of the expired
agreement or any provision thereof not otherwise extended by this section. Notwithstanding any provision of a statute to the contrary, in the event an agreement expires
before a new agreement has been approved by the employee organization, the employer
representative and the legislature, the employer representative and the exclusive employee representative designated to negotiate such new agreement shall negotiate and
agree upon payment of an exclusive payroll deduction of employee organization regular
dues, fees and assessments and, upon reaching such agreement, such payment shall be
made to such exclusive employee representative.
(P.A. 79-621, S. 22, 24; P.A. 86-411, S. 6, 8; P.A. 93-80, S. 56, 67.)
History: P.A. 86-411 clarified that the section applies to the exclusive employee representative designated, rather than
certified, to negotiate a new agreement, effective July 1, 1986, and applicable to negotiations then in progress; P.A. 93-80 limited provisions of expired agreement which remain in effect until approval of a new agreement to provisions "concerning (1) salary, excluding annual increments, (2) differentials, (3) overtime, (4) longevity, and (5) allowances for uniforms",
effective January 1, 1994.