Connecticut Seal

General Assembly

 

Raised Bill No. 352

February Session, 2012

 

LCO No. 1881

 

*01881_______LAB*

Referred to Committee on Labor and Public Employees

 

Introduced by:

 

(LAB)

 

AN ACT CREATING A PROCESS FOR FAMILY CHILD CARE PROVIDERS TO COLLECTIVELY BARGAIN WITH THE STATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2012) For purposes of this section and sections 2 and 3 of this act:

(1) "Parent" means parent or legal guardian;

(2) "Family child care providers" means persons who provide child care services under the child care subsidy program established pursuant to section 17b-749 of the general statutes (A) in a family day care home; or (B) in an informal arrangement among neighbors and formal or informal arrangements among relatives in their own homes, provided the relative is limited to any of the following degrees of kinship by blood or marriage to the child being cared for or to the child's parent: child, grandchild, sibling, niece, nephew, aunt, uncle or child of one's aunt or uncle; and

(3) "Family day care home" means family day care home, as defined in section 19a-77 of the general statutes.

Sec. 2. (NEW) (Effective July 1, 2012) (a) Family child care providers shall have the right to bargain collectively, and shall have such other rights and obligations incident thereto as are created by sections 5-270 to 5-279, inclusive, of the general statutes, except:

(1) The following shall be prohibited subjects of bargaining: (A) The application of state employee benefits to family child care providers, including, but not limited to, health benefits and pensions; (B) a parent's right to recruit, select, direct the activities of, or terminate the services of any family child care provider; and (C) a procedure for grievance arbitration against any parent;

(2) No provision of any contract or award shall provide for a reduction in the services provided by family child care providers to children under section 17b-749 of the general statutes;

(3) The provisions of section 5-280 of the general statutes shall not apply to family child care providers. A contract or award reached pursuant to this section may include provisions calling for the state or its fiscal intermediary to deduct from reimbursement payments regular dues and initiation fees, and nonmember service fees limited to the lesser of regular dues, fees, and assessments that a member is charged or the proportionate share of expenses incident to collective bargaining;

(4) The provisions of sections 5-276a and 5-276b of the general statutes, and subsections (c) to (g), inclusive, of section 5-278 of the general statutes shall not apply to collective bargaining involving family child care providers. Any impasse between the parties shall be resolved in accordance with subsection (c) of this section;

(5) In any proceeding which may be filed under section 5-272 of the general statutes, the State Board of Labor Relations shall be without jurisdiction to consider any complaint against, or issue any remedy against, any parent;

(6) Any election required in order to resolve any question concerning representation involving family child care providers shall be conducted by mail ballot; and

(7) A family child care provider shall not be considered a state employee and shall be exempt from any and all provisions of the general statutes creating rights, obligations, privileges or immunities to state employees as a result of or incident to their state service.

(b) On or after July 1, 2012, and monthly thereafter, the Commissioner of Social Services shall compile a list of the names of family child care providers who have participated in the child care subsidy program established pursuant to section 17b-749 of the general statutes within the previous six calendar months. Such list shall be considered a public record, as defined in section 1-200 of the general statutes.

(c) (1) The Commissioner of Social Services shall have the authority and obligation to bargain and enter into agreements with an organization representing family child care providers that has been designated by the State Board of Labor Relations, pursuant to section 5-275 of the general statutes, as the exclusive bargaining agent of such providers to establish the terms and conditions of participation of family child care providers in the program covered by this section, including, but not limited to, state reimbursement rates, benefits, payment procedures, contract grievance arbitration, and training, professional development and other requirements and opportunities appropriate for family child care providers.

(2) For purposes of section 5-270 of the general statutes and subsections (a) and (b) of section 5-278 of the general statutes, the Department of Social Services shall be considered an executive branch employer and the Commissioner of Social Services, or the commissioner's designee, shall be considered the employer's chief executive officer. Should a unit be designated by the State Board of Labor Relations that involves programs with more than one department having cognizance, the Governor shall determine the manner in which the commissioners of those departments cooperate in performing the functions required of employers under subsections (a) and (b) of section 5-278 of the general statutes.

(d) (1) If the organization representing family child care providers and the chief executive officer do not reach an agreement not later than one hundred fifty days after negotiations have begun, the parties shall jointly select an arbitrator. The arbitrator selected shall have experience as an impartial arbitrator of labor-management disputes, and shall not be an individual employed as an advocate or consultant for labor or management in labor-management disputes. If the parties fail to agree on an arbitrator not later than one hundred sixty days after negotiations have begun, the selection of the arbitrator shall be made using the procedures under the voluntary labor arbitration rules of the American Arbitration Association.

(2) Each party shall submit to the arbitrator, and to each other, a proposal setting forth such party's position on how each of the unresolved issues shall be resolved.

(3) The arbitrator shall convene a hearing to allow the parties to provide evidence and argument to the arbitrator. The parties shall have the right to submit written briefs to the arbitrator. The arbitration record shall be officially closed at the close of the hearing, or the arbitrator's receipt of briefs, whichever is later.

(4) The arbitrator's authority is limited to selecting the complete proposal of one party or the other on any unresolved issue. The arbitrator shall issue an award not later than forty-five days after the close of the record.

(5) The factors to be considered by the arbitrator in arriving at a decision are: (A) The nature and needs of the family child care program and the needs and welfare of parents and children served by that program, including interests in better recruitment, retention and quality with respect to the covered family child care provider; (B) the history of negotiations between the parties including those leading to the instant proceeding; (C) the existing conditions of employment of similar groups of workers; (D) changes in the cost of living; and (E) the interests and welfare of the covered family child care providers.

(6) The costs of the arbitrator and any fees associated with the arbitration proceeding shall be shared equally by the parties.

(7) Any contract or award reached pursuant to this section shall be reduced to writing and submitted to the General Assembly pursuant to the provisions of subsection (b) of section 5-278 of the general statutes.

(e) The only bargaining unit of family child care providers appropriate for the purpose of collective bargaining shall be a state-wide unit of all family child care providers.

(f) Any provider organization certified as the majority representative of family child care providers in any election held prior to the effective date of this section pursuant to Executive Order Number 9 of Governor Dannel P. Malloy may provide proof of such certification to the State Board of Labor Relations and the State Board of Labor Relations shall certify such majority representative as the exclusive bargaining agent for such providers without the requirement of an additional election unless and until such time as a question concerning representation is appropriately raised under this section and section 1 of this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2012

New section

Sec. 2

July 1, 2012

New section

Statement of Purpose:

To provide a process for family child care providers to collectively bargain with the state.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]