Sec. 31-95. Powers of board. Subpoena. Said board, or any member thereof, may
enter any establishment in which a strike or lockout exists in order to examine payrolls
and other records and to inspect conditions affecting the relations between employees
and employers. Said board, or any member thereof, may summon, by subpoena, employers, employees or any other persons whose testimony may be pertinent to the matters
before said board, together with any records or other documents relating to such strike
or lockout. 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. In case of a dispute
which has not reached the stage of a strike or lockout, said board, upon the request of
either party to the dispute, is authorized to exercise the same powers and perform the
same duties as in case of a strike or lockout. Said board, or any member thereof, shall
have the power to take testimony under oath and to administer oaths.
(1949 Rev., S. 7381; 1949, S. 3026d.)
Cited. 163 C. 327. Cited. 171 C. 613, 620. Cited. 200 C. 91, 98.
Sec. 31-96. Appointment and testimonial privilege of mediators. Duties of Labor Commissioner. The Labor Commissioner, with the advice and approval of said
board, shall appoint at least five mediators to act for it in making investigations and
adjusting labor disputes. Each such mediator shall, with the approval of said board,
expressly granted in each case in which he is required to function, have all the powers
of a member of said board to enter establishments, to examine payrolls or other records,
to issue subpoenas and to administer oaths. In any civil or criminal case, any preliminary
proceeding to such case, or any legislative or administrative proceeding, any person
acting as a mediator under this chapter shall not disclose any confidential communication
made to him in the course of his mediation duties unless the party making such communication waives such privilege. Said commissioner shall assign such stenographic and
other clerical assistants to said board as may be necessary in the performance of its
duties. All records of hearings and other proceedings of said board shall be kept on file
in the Labor Department.
(1949 Rev., S. 7383; 1959, P.A. 149; 1969, P.A. 610; P.A. 81-15.)
History: 1959 act substituted "mediator" for "investigator"; 1969 act substituted "labor" disputes for "industrial" disputes and required appointment of at least five mediators rather than one as previously; P.A. 81-15 afforded mediators a
testimonial privilege in order to prevent disclosure of confidential communications made by parties to the mediator, unless
the right is waived by the affected party.
Cited. 163 C. 327. Cited. 171 C. 613, 620.
Sec. 31-97. Submission of grievance or dispute; procedure. Claim of nonarbitrability of issue. (a) Whenever a grievance or dispute arises between an employer and
his employees, the parties may submit the same directly to said board and notify said
board or its clerk in writing and upon payment by each party of a filing fee of twenty-five dollars. Whenever a single public member of the board is chosen to arbitrate a
grievance or dispute, as provided in section 31-93, the parties shall each be refunded
the filing fee. Whenever such notification is given, a panel of said board, as directed by
its chairman, shall proceed with as little delay as possible to the locality of such grievance
or dispute and inquire into the causes thereof. The parties shall thereupon submit to said
panel in writing, succinctly, clearly and in detail, their grievances and complaints and
the causes thereof, and severally promise and agree to continue in business or at work
without a strike or lockout until the decision of the panel is rendered; but such agreement
shall not be binding unless such decision is rendered within ten days after the completion
of the investigation. The panel shall fully investigate and inquire into the matters in
controversy, take testimony under oath in relation thereto and may administer oaths and
issue subpoenas for the attendance of witnesses and for the production of books and
papers.
(b) No panel of said board may consider any claim that one or more of the issues
before the panel are improper subjects for arbitration unless the party making such claim
has notified the opposing party and the chairman of the panel of such claim, in writing,
at least ten days prior to the date of hearing, except that the panel may consider such
claim if it determines there was reasonable cause for the failure of such party to comply
with said notice requirement.
(1949 Rev., S. 7384; 1949, S. 3028d; P.A. 79-610, S. 37; P.A. 80-447; P.A. 82-91, S. 32, 38.)
History: P.A. 79-610 imposed twenty-five-dollar filing fee payable by each party; P.A. 80-447 added Subsec. (b) re
claims that issues are improper subjects for arbitration; P.A. 82-91 required that whenever a single public member is chosen
to arbitrate, the parties will be refunded the filing fee.
Applies as against general provision of Sec. 52-416. 136 C. 205. Cited. 145 C. 53. Cited. 163 C. 327. Cited. 171 C.
613, 620. Cited. 200 C. 91, 98. Cited. 206 C. 465, 469.
Cited. 9 CA 260, 263.
Cited. 31 CS 88.
Subsec. (a):
Cited. 206 C. 465, 466.
Sec. 31-97a. Failure to prosecute grievances or disputes. Section 31-97a is repealed, effective October 1, 2002.
(P.A. 94-226, S. 1, 2; S.A. 02-12, S. 1.)
Sec. 31-98. Oral or written decision. Reduction of oral decision to writing.
Compensation of members. (a) The panel, or its single member if sitting in accordance
with section 31-93, may, in its discretion and with the consent of the parties, issue an
oral decision immediately upon conclusion of the proceedings. If the decision is to be
in writing, it shall be signed, within fifteen days, by a majority of the members of the
panel or by the single member so sitting, and the decision shall state such details as will
clearly show the nature of the decision and the points disposed of by the panel. Where
the decision is in writing, one copy thereof shall be filed by the panel in the office of
the town clerk in the town where the controversy arose and one copy shall be given to
each of the parties to the controversy. The panel or single member which has rendered
an oral decision immediately upon conclusion of the proceedings shall submit a written
copy of the decision to each party within fifteen days from the issuance of such oral
decision. In all cases where a decision is rendered orally from the bench, the secretary
shall cause such oral decision to be transcribed, approved by the panel or single member
as applicable and filed with the records of the board proceedings.
(b) Upon the conclusion of the proceedings, each member of the panel shall receive
one hundred fifty dollars and a panel member who prepares a written decision shall
receive an additional one hundred dollars, or the single member, if sitting in accordance
with section 31-93, shall receive two hundred fifty dollars, provided if the proceedings
extend beyond one day, each member shall receive seventy-five dollars for each additional day beyond the first day, and provided further no proceeding may be extended
beyond two days without the prior approval of the Labor Commissioner for each such
additional day.
(c) Upon the conclusion of an executive panel session, each member of such panel
shall receive seventy-five dollars.
(1949 Rev., S. 7385; 1949, S. 3029d; P.A. 73-176; P.A. 82-91, S. 33, 38; June Sp. Sess. P.A. 83-16, S. 1; P.A. 87-349,
S. 1, 2; P.A. 88-275, S. 2, 3; P.A. 99-270, S. 2.)
History: P.A. 73-176 amended provisions to allow issuance of oral decisions; P.A. 82-91 added provision that, upon
conclusion of proceedings, each panel member receives $100 and a member who prepares a written decision receives an
additional $50, or the single member, if sitting in accordance with Sec. 31-83, receives $150; June Sp. Sess. P.A. 83-16
provided that, for proceedings which extend beyond two days, the members shall be paid fifty dollars per day, and the
labor commissioner must give prior approval to any such extension; P.A. 87-349 increased compensation for panel members
to one hundred fifty dollars per member, an extra one hundred dollars for the member who prepares the written decision,
and two hundred dollars for a single member sitting in accordance with Sec. 31-93; P.A. 88-275 increased compensation
for single member sitting in accordance with Sec. 31-93 from two hundred to two hundred fifty dollars; P.A. 99-270 divided
section into Subsecs., amended Subsec. (b) to increase arbitrator fee from fifty dollars for each day after the second day
of proceedings to seventy-five dollars for each day after the first day of proceedings and amended Subsec. (c) to establish
a seventy-five-dollar arbitrator fee upon the conclusion of an executive panel session.
Time limitation is directory and not mandatory. 138 C. 57. Governs conduct of board of mediation and arbitration.
Distinguished from Sec. 52-416. 145 C. 53. Time limit is directory not mandatory. Id. Cited. 157 C. 368. Cited. 163 C.
327. Cited. 171 C. 613, 620. Cited. 206 C. 465, 466, 468. Cited. 211 C. 541, 553.
Cited. 23 CA 727, 733. Cited. 41 CA 649, 652, 653. Cited. 43 CA 800. Section applies to labor dispute heard by state
board of mediation and arbitration. Time for rehearing following vacated award. 49 CA 33.
This section rather than 52-416 is applicable to an arbitration before the board of mediation and arbitration; requirement
that written decision be filed within 15 days after matter has been fully heard is directory rather than mandatory; question
of reasonable time for filing discussed. 20 CS 303. Cited. 31 CS 88. The appeal period under this section runs from the
receipt of the written copy of the decision and not from the oral rendition of the decision. 32 CS 85, 87. Cited. 44 CS 312.