Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article II - Procedure under Section 7-471 (1) of the Act-Election of Representatives › Section 7-471-12 - Duties of agent

Current through July 10, 2024
(a) When a petition
				for an election has been filed, the agent shall confer with and may hold
				informal conferences with the interested parties and ascertain the facts. The
				agent shall ascertain whether a substantial number of employees desire the
				petitioner to represent them or whether a substantial number of employees wish
				to decertify an existing employee representative by making a card check or by
				such other appropriate means as the agent shall determine. In making a card
				check the agent may use the criteria set out in subsection (b) of this section.
				The agent shall encourage the parties to agree upon the appropriate unit and a
				suitable method by which the representative is to be determined by the board.
				In cases where the parties agree that an election be held to ascertain the
				wishes of the employees, the agent shall as soon as possible conduct an
				election by secret ballot. In cases where the parties agree upon other suitable
				methods by which the representative is to be determined, the agent as soon as
				possible shall by such method ascertain the employees' wishes and report the
				agent's findings promptly to the board.
(b) Proof of an employee's desire with regard
				to representation may be established as follows:
The petitioner(s) may present to the agent membership or
				  application for membership cards or collective bargaining authorization
				  cards.
The cards shall be dated and signed by the employees prior to
				  the filing of the petition with the board, and shall contain the printed or
				  typewritten name of the signer.
The cards shall be void if signed beyond a year before the
				  filing of the petition with the board.
The card itself shall indicate the employee's desire with
				  regard to representation.
(c) Whenever the agent , after investigation,
				has reasonable cause to believe that a question of representation exists,
				including but not limited to finding that the parties are unable to agree upon
				the appropriate unit and he is unable to settle the controversy concerning
				representation, the agent shall issue a direction of election within 30 days of
				the investigation and conduct a secret ballot election within 30 days of the
				issuance of the direction of election to determine whether and by which
				employee organization the employees desire to be represented. The election
				shall be conducted in accordance with the terms and condition set forth in
				Sections
				7-471-14,
				7-471-14a,
				7-471-15, and
				7-471-16
				of these regulations and the agent will report the agent's action to the board
				. In the event that the agent determines that there is no reasonable cause to
				believe that a question of representation exists, the agent shall issue a
				recommendation to dismiss the petition within 30 days after the investigation
				and report the agent's action to the board . In the event the agent is unable
				to determine whether or not a question of representation exists, the agent may,
				within 30 days of the investigation, refer the petition directly to the board
				for a hearing without either having conducted an election or issuing a
				recommendation for dismissal, in which event the board shall conduct an
				appropriate hearing upon due notice as set forth in these
				regulations.
(d) If the agent
				determines either to conduct a secret ballot election or to recommend dismissal
				of the petition, the parties may object to the agent's determination by filing
				objections in the form of a brief within 14 days of the service of the order
				directing an election or within 14 days of the agent's recommendation for a
				dismissal filed with the board . Briefs shall be certified to all
				parties.
(e) If objections are
				timely filed, the agent shall prepare a record for the board which shall
				include the following: the petition, the agent's order directing an election,
				or the agent's recommendation for dismissal and any briefs filed by a
				party.
(f) The Board, after
				considering the direction of election or the Agent's recommendation for
				dismissal, together with the briefs submitted, shall, as appropriate within 30
				days of receiving the record:
(1) issue an
				order confirming the agent's direction of election and certifying the results,
				or
(2) issue an order confirming
				the agent's recommendation for dismissal, or
(3) order further investigation, or
(4) order a hearing upon due
				notice,