House Bill No. 6794
               House Bill No. 6794

              PUBLIC ACT NO. 97-225


AN  ACT CONCERNING THE FRAGMENTATION OF BARGAINING
UNITS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Subdivision   (3)  of  section  7-471  of  the
general statutes is repealed and the following  is
substituted in lieu thereof:
    (3)  The  board  shall  decide  in  each  case
whether, in  order  to  insure  to  employees  the
fullest   freedom   in   exercising   the   rights
guaranteed by sections 7-467 to 7-477,  inclusive,
and  in  order  to insure a clear and identifiable
community of interest among  employees  concerned,
the  unit  appropriate  for purposes of collective
bargaining shall be the municipal employer unit or
any  other  unit  thereof,  provided, THE BOARD IN
DETERMINING THE APPROPRIATENESS OF  A  UNIT  SHALL
INSURE   THE   STABILITY  OF  CERTIFIED  UNITS  BY
CONSIDERING THE EFFECTS OF OVERFRAGMENTATION,  AND
no   unit   shall  include  both  supervisory  and
nonsupervisory employees except there shall  be  a
single unit for each fire department consisting of
the uniformed and investigatory employees of  each
such  fire  department  and a single unit for each
police department consisting of the uniformed  and
investigatory   employees   of  each  such  police
department. No existing units shall be altered  or
modified  to  conform  to  this provision. No unit
shall    include     both     professional     and
nonprofessional  employees  unless  a  majority of
such professional employees vote for inclusion  in
such unit, provided employees who are members of a
profession  may  be  included  in  a  unit   which
includes  nonprofessional employees if an employee
organization has been designated by the  board  or
has  been  recognized by the municipal employer as
the exclusive representative of such  unit  and  a
majority  of the employees in such profession vote
for inclusion in such unit, in which event all  of
the employees in such profession shall be included
in such unit.  The  term  "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  time
period;  (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) [hereof]
OF THIS SUBDIVISION.

Vetoed June 27, 1997