reglab/statecodes huggingface dataset:
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 7-471-10 - Information in petition signed by employer

Current through July 10, 2024
Such petition, when filed by a municipal employer, shall
				  contain the information required by the form supplied by the board , including
				  the following:
(a) the name of the
				petitioning municipal employer;
(b)
				the types, classifications or groups of employees in the bargaining unit or
				units claimed to be appropriate, and the number of employees employed in such
				bargaining unit or units;
(c) the
				names and addresses of any employee organizations who claim to represent any of
				the employees in the alleged bargaining unit or units, and a brief description
				of any contract covering any employees in such unit or units;
(d) an allegation that one or more employee
				organizations have presented to it a claim to be recognized as the
				representative of a majority of employees in a bargaining unit;
(e) a certification signed and attested to
				before any person authorized to administer an oath, stating that a copy of the
				petition has been served on all unions claiming to represent the employees;
				and
(f) if the petition is for
				clarification or modification of an existing bargaining unit, the petition
				shall also include, in addition to subsections (a) to (e), inclusive, of this
				section, a statement that the petitioner wishes to clarify or modify an
				existing unit or positions therein, and a description of the desired changes to
				an existing bargaining unit.
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 7-471-11 - Amendment or withdrawal of petition

Current through July 10, 2024
Any petition may be amended, in whole or in part, by any
				  party or the board, or withdrawn by the petitioner, before the first ballot is
				  cast in an election, upon such conditions as the board may deem proper and
				  just.
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 7-471-13 - Hearing; notice; ascertainment of desires of employees

Current through July 10, 2024
When a hearing has been ordered, the board shall hold such
				  hearing upon reasonable notice and may either dismiss the petition or direct an
				  election or elections, or use other suitable methods to ascertain the wishes of
				  employees. The board or its agent shall prepare and cause to be served upon the
				  parties a notice of hearing before the board, at a time and place fixed
				  therein. Hearings relative to petitions for representation elections shall have
				  precedence over all other cases except motions for interim relief. A copy of
				  the petition shall be served with the notice of hearing.
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 7-471-14 - Election; terms and conditions

Current through July 10, 2024
(a) If the board or
				the agent determines that an election shall be held, it shall order that such
				election or elections shall be conducted by the agent, an assistant agent, or
				by such other person as may be designated by the board.
(b) All elections shall be held at such times
				and places and upon such terms or conditions as the board or the agent may
				specify. All elections shall be by secret ballot.
(c) The employees eligible to vote shall be
				those on the payroll on the date of the filing of the petition or such other
				date as the board or the agent may order upon the showing of extraordinary
				circumstances or by consent of the parties, and who remain on the payroll on
				the date of the election.
(d) At
				least seven (7) days prior to the election, the employer shall furnish, to each
				labor organization which is party to the proceeding, a list of the names and
				addresses of the employees in the appropriate unit who were on the payroll on
				the date of the filing of the petition, or such other date as the board or the
				agent may order upon the showing of extraordinary circumstances or by consent
				of the parties, and who are on the payroll at the time of the submission of the
				list.
(e) Unless mutually agreed
				otherwise, at least three (3) business days prior to the election, the employer
				shall post, in conspicuous places where the employees eligible to vote
				customarily assemble, copies of the notice of election as provided by the
				board. Nothing herein shall be deemed to prevent an employer from posting such
				notices earlier.
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 7-471-14a - Interference

Current through July 10, 2024
(a) During the course of a representation
				campaign, certain conduct may interfere with the rights of employees and may
				result in the setting aside of the election. Examples of such conduct include,
				but are not limited to, the following:
(1)
				Threatening loss of jobs or other disadvantages by employer or union.
(2) Misstating important facts by a union or
				an employer where the other party does not have a fair chance to
				reply.
(3) Promising or granting
				promotions, pay raises, or other benefits to influence an employee's vote by a
				party capable of carrying out such promises.
(4) An employer firing employees to
				discourage or encourage union activity or a union causing them to be fired to
				encourage union activity.
(5)
				Threatening physical force or violence to employees by a union or an employer
				to influence their votes.
(6)
				Failing to provide information in accordance with section
				7-471-14(d)
				of the Regulations of Connecticut State Agencies.
(7) Failing to post notices of election in
				accordance with section
				7-471-14(e)
				of the Regulations of Connecticut State Agencies.
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 7-471-15 - Challenged ballots

Current through July 10, 2024
At any election, if the right of an employee to vote is
				  challenged by the board, the agent, or any party to the proceeding, the
				  employee shall be permitted to vote, but the ballot shall be sealed by the
				  employee in a separate envelope provided for such purpose and the employee
				  shall then deliver the envelope to the agent or person duly designated by the
				  board or the agent to conduct the election, who shall deliver the challenged
				  ballot to the board for determination, provided, if the challenged ballots are
				  insufficient in number to affect the result of the election, no determination
				  with respect to them shall be made.
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 7-471-16 - Procedure following elections; challenges and objections

Current through July 10, 2024
(a) Upon the conclusion of any election or
				elections, the board or its agent or a person designated by the board to
				conduct the election shall prepare a report as to the result of the election or
				elections and, in cases where the right of an employee to vote has been
				challenged and the challenged ballots are sufficient in number to affect the
				result of the election, the report shall contain a plain statement of the
				grounds for the challenge. The agent shall cause this report to be served upon
				the parties.
(b) Not later than
				five (5) days after the conclusion of the election, any party who intends to
				make an objection to the conduct of the election shall serve upon all other
				parties, with proof of service, and file with the board an original and four
				copies of objections to the election or elections or to the report thereon. The
				objections shall contain a plain statement of the grounds of objection. The
				board may, either with or without a hearing, make its determination with
				respect to the objections or to any challenged ballots. Any defect in making
				objections warrants their dismissal by the board but shall not deprive the
				board of jurisdiction to entertain the objections in spite of such defect
				wherever the board deems that justice so requires.
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 7-471-17 - Certification of representatives

Current through July 10, 2024
The board, after ascertaining the wishes of the employees,
				  shall certify to the parties the name or names of the representatives or make
				  other disposition of the matter. The board will not issue a certification
				  unless the wishes of the employees have been ascertained by secret ballot
				  election.
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 7-471-18 - Election after certification

Current through July 10, 2024
Except in extraordinary circumstances, the board will not act
				  favorably upon a petition for an election within one year after the
				  certification of a representative by the board.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-19 - Filing of complaint

Current through July 10, 2024
A complaint that any person, employee organization or
				  municipal employer has engaged in or is engaging in any prohibited practice
				  under the act may be filed by an employee, a group of employees, an employee
				  organization or a municipal employer, any of whom may hereafter be referred to
				  as the person filing the complaint.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-20 - Complaints; form and filing; certification of service

Current through July 10, 2024
A complaint shall be in writing. The original shall be signed
				  and sworn to before any person authorized to administer an oath. The original
				  complaint shall be filed with the board. The complaint shall include a
				  certification also signed and sworn to before any person authorized to
				  administer an oath stating that a copy of the complaint has been served upon
				  the respondent by registered or certified mail or in person. Blank forms for
				  making the complaint shall be supplied by the board upon
				  request.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-21 - Information in complaint

Current through July 10, 2024
A complaint shall contain the following:
(a) the full name and address of the person
				making the complaint;
(b) the full
				name and address of the person against whom the complaint is filed;
(c) a clear and concise description of the
				acts which are claimed to constitute prohibited practices, including, where
				known, the appropriate dates and places of such acts and names of respondent's
				agents or other representatives by whom committed; or if, in any such case, the
				required specification is impossible, the reason why it is impossible. Other
				facts shall be stated which are sufficient to describe the nature of the
				conduct complained of;
(d) an
				enumeration of the subdivision or subdivisions of section
				7-470
				claimed to have been violated;
(e)
				a statement of the relief to which the complainant deems himself entitled. Such
				claim for relief shall not limit the powers of the board vested in it by the
				act.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-23 - Reference of complaint to agent; investigation

Current through July 10, 2024
All complaints filed with the board shall be automatically
				  referred to the agent, who shall investigate the same with due diligence,
				  provided, however, that the agent may return to the complainant without
				  investigation any complaint which does not comply with section
				  7-471-21
				  of these regulations.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-24 - Report by agent to board

Current through July 10, 2024
Within three months of the date when the complaint was filed,
				  the agent shall report to the board upon each complaint referred to him,
				  recommending its dismissal or a hearing upon it. If the agent recommends
				  dismissal, he shall do so in writing and shall forthwith serve a copy of his
				  recommendation upon all parties in interest. If any such party files a written
				  objection to the agent's recommendation of dismissal within fourteen (14) days
				  of its service upon him, the board shall order a hearing to be held upon the
				  complaint, in the manner provided in section
				  7-471-25.
				  Unless such objection is so filed, the board will dismiss the
				  complaint.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-25 - Action by board upon agent's report notice of heading

Current through July 10, 2024
The board shall act promptly upon the agent's report. If it
				  orders a hearing, it shall cause to be issued and served upon each person
				  complained of a copy of the complaint and a notice of hearing before the board
				  at the time and place therein fixed, to be held not less than seven days after
				  the service of such complaint. Notice of the hearing shall be given to the
				  person filing the complaint or his representative.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-27 - Amendment of complaint

Current through July 10, 2024
Any complaint may be amended by any party or the board at any
				  time before final decision or order, upon such terms and conditions as the
				  board deems just and proper.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-28 - Service and filing of answer

Current through July 10, 2024
The respondent against whom the complaint is issued shall
				  have the right to file an answer thereto within five days from the service of
				  the complaint. Such answer shall be in writing, the original being signed by
				  the respondent or his, or its, attorney. The respondent or his, or its,
				  attorney, shall file the answer and four copies thereof with the board and
				  serve copies of the answer on each party to the proceeding.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-29 - Contents of answer

Current through July 10, 2024
The respondent shall admit or deny each of the allegations
				  contained in the complaint unless the respondent is without knowledge or
				  information sufficient to form a belief as to the truth of an averment, in
				  which case the respondent shall so state, such statement operating as a denial.
				  The answer may contain a plain statement of any explanation of new matter which
				  constitutes the grounds of defense.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-31 - Extension of time for answer; amendment

Current through July 10, 2024
Upon the board's own motion or upon application of the
				  respondent, the board may extend the time within which the answer may be filed.
				  The answer may be amended at any time with the permission of the board, upon
				  such terms and conditions as it deems just.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-32 - Amendment of answer following amendment of complaint

Current through July 10, 2024
In any ease where a complaint has been amended, the
				  respondent shall have an opportunity to amend his answer within such period as
				  may be fixed by the board.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-33 - Failure to file answer

Current through July 10, 2024
Notwithstanding any failure of the respondent to file an
				  answer within the time provided in section
				  7-471-28,
				  the board may proceed to hold a hearing at the time and place specified in the
				  notice of hearing, and may make its findings of fact and enter its order upon
				  the testimony so taken. In any case where a respondent fails to answer and
				  appear at the hearing the board may take the allegations in the complaint as
				  admitted and may issue an appropriate order.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article III - Procedure under Section 7-471(4) of the Act-Prohibited Practice Complaints › Section 7-471-35 - Back pay proceedings

Current through July 10, 2024
(a) After a board
				order has been issued or after enforcement of such order by the superior court,
				if informal efforts to dispose of the matter prove unsuccessful, the agent is
				then authorized in the agent's discretion to issue a specification in the name
				of the board and a notice of hearing before the board, both of which shall be
				sent by registered or certified mail to the parties involved. The specification
				sets forth the relief owed, including but not limited to the computations
				showing the amount of back pay or other monetary relief due and any other
				pertinent information. Each party shall file an answer within fifteen (15) days
				of the receipt of the specification setting forth a particularized response,
				including, when appropriate, alternative computations showing the amount of
				back pay or other monetary relief due and any other pertinent
				information.
(b) In the
				alternative, and in his discretion, the agent under the circumstances specified
				above, may issue and send to the parties a notice of hearing only without a
				specification. Such notice shall contain in addition to the time and place of
				hearing before the board, a brief statement of the matters in
				controversy.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article IV - Miscellaneous Proceedings › Section 7-471-37 - Declaratory ruling; form of petition

Current through July 10, 2024
Whenever there is a substantial and immediate threat to
				  rights protected by the Municipal Employee Relations Act a person or
				  organization may request a declaratory ruling by the board with respect to the
				  applicability to such person or organization of any statute, regulation, or
				  order enforced, administered or promulgated by the board in the following
				  form:
(a) A petition stating the
				factual background of the issue must be in writing and sent to the board by
				mail or delivered in person during normal business hours.
(b) The petition shall be signed by a person
				or representative of an organization in whose behalf the inquiry is made and
				shall state the address of such person or organization and the name and address
				of the petitioner's attorney, if applicable.
(c) A petitioner shall send a copy of the
				petition by registered or certified mail to any person or organization that may
				be immediately affected by the petition. The petition shall state the persons
				or organizations so notified. If the petitioner is in doubt as to who should be
				notified it may apply to the board for an order of notice.
(d) The petition shall state clearly and
				concisely the substance and nature of the request. It shall identify the
				statute, regulation or order concerning which the request is made and shall
				identify the particular aspect thereof to which the question or applicability
				is directed.
(e) The petition shall
				state the position of the petitioner with respect to the question of
				applicability.
(f) The petition or
				brief attached thereto may include an argument in support of the position of
				the petitioner with such legal citation as may be appropriate.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article IV - Miscellaneous Proceedings › Section 7-471-38 - Declaratory rulings; procedure after filing

Current through July 10, 2024
(a) The board
				may give notice to any other person or organization that such a declaratory
				ruling has been requested and may receive and consider facts, arguments, and
				opinions from persons other than the petitioner.
(b) If the board deems a hearing necessary or
				helpful in determining any issue concerning the request for declaratory ruling,
				the board shall schedule such hearing and give such notice thereof as shall be
				appropriate.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article IV - Miscellaneous Proceedings › Section 7-471-39 - Scope of bargaining determination

Current through July 10, 2024
Any employee organization, employer, or arbitrator may
				  request the board to determine the scope of collective bargaining if
(1) during the course of collective
				negotiations one party seeks to negotiate with respect to a matter or matters
				which the other party contends is not a mandatory subject for collective
				negotiations or
(2) one party seeks
				to submit a matter to a fact finder or binding interest arbitrator which the
				other party contends is not a mandatory subject for collective negotiations
				or
(3) a party alleges that an
				illegal subject of bargaining is improperly submitted to a grievance
				arbitrator.
A request for such a determination shall be submitted to the
				  board in the same form as a request for a declaratory ruling and shall be
				  subject to the same procedure. If such a request has the effect of delaying
				  negotiations or arbitration, the board shall make every effort to expedite the
				  proceeding.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article IV - Miscellaneous Proceedings › Section 7-471-40 - Petitions concerning adoption of regulations

Current through July 10, 2024
(a) Any
				person or organization may at any time petition the board to promulgate, amend
				or repeal any regulation. The petition shall set forth clearly and concisely
				the text of the proposed regulation, amendment, or repeal. Such petition shall
				also state the facts and arguments that favor the action it proposes by
				including such data, facts and arguments in the petition or in a brief annexed
				thereto. The petition shall be signed by the petitioner and shall furnish the
				address of the petitioner and the name of petitioner's attorney, if
				applicable.
(b) Within thirty (30)
				days following receipt of the petition, the board shall determine whether to
				deny the petition, or to initiate regulation making proceedings in accordance
				with the petition. If the petition is denied, the petitioner shall be notified
				in writing of the reasons for said denial.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article IV - Miscellaneous Proceedings › Section 7-471-42 - Pre-trial hearings

Current through July 10, 2024
Prior to any scheduled hearing the board or agent may order
				  the parties to meet with a board member, agent or other staff member for the
				  purpose of obtaining stipulations of fact, joint exhibits, disclosure of
				  evidence and identification of witnesses and issues to be raised at the formal
				  hearing. Failure to disclose evidence, witnesses or issues at the pre-trial
				  hearing may result in the board's denying the introduction of such evidence,
				  testimony or issues at the formal hearing.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-43 - Vacancy in board; quorum

Current through July 10, 2024
A vacancy in the board, or the absence or disqualification of
				  a member of the board, shall not impair the right of the remaining members to
				  exercise all of the powers of the board, and two members of the board shall at
				  all times constitute a quorum.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-44 - Nonjoinder and misjoinder of parties

Current through July 10, 2024
No proceeding under the act will be dismissed because a
				  person directly concerned is not a party thereto. If it is necessary for the
				  determination of the matter in dispute so to do, the board may allow parties to
				  be added or substituted and unnecessary parties to be dropped at any time in
				  the proceeding.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-45 - Joining of respondents

Current through July 10, 2024
All persons alleged to have engaged in any prohibited
				  practices may be joined as respondents, whether jointly, severally or in the
				  alternative, and a decision may be rendered against such one or more of the
				  respondents as is appropriate upon all the evidence. The board may award any
				  relief appropriate under law and based on the facts found proven, and shall not
				  be limited to the relief demanded.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-46 - Motions during pendency of hearing

Current through July 10, 2024
All motions made at a hearing shall be stated orally, shall
				  be included in the stenographic report of the hearing and shall be decided by
				  the board, except that motions made to intervene shall be made in the manner
				  set forth in section
				  7-471-48.
				  All motions, rulings, decisions and orders shall be and become part of the
				  record in the proceeding.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-47 - Motions made before or after hearing

Current through July 10, 2024
All motions made, other than those made during a hearing or
				  hearings, shall be filed in writing with the board and shall state the order or
				  relief applied for and the grounds for such motion. The moving party shall
				  serve copies of all such papers on all parties and shall, within three days
				  thereafter, file an original, with proof of due service, and four copies of all
				  papers with and for the use of the board. Answering statements, if any, shall
				  be served on all parties and an original thereof, with proof of due service,
				  and four copies shall be filed with the board within three days after service
				  of the moving party or parties, unless otherwise directed by the board. All
				  motions shall be decided by the board upon the papers filed with it, unless the
				  board, in its discretion, shall decide to hear oral argument, or take
				  testimony, in which event the board shall notify the parties of such fact and
				  of the time and place for such argument or for the taking of such
				  testimony.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-48 - Intervention; procedure; contents; filings and service

Current through July 10, 2024
Any person, municipal employer or employee organization
				  desiring to intervene in any proceeding shall file with the board a sworn
				  petition and four copies thereof in writing, setting forth the facts upon which
				  such person, municipal employer or employee organization claims an interest in
				  the proceeding. Such petition shall be served on all the parties. Petitions
				  shall be filed with the board, with proof of service, at least two days prior
				  to the first hearing. Failure to serve or file such petition, as above
				  provided, shall be deemed sufficient cause for the denial thereof, unless it
				  shall be determined that good and sufficient reasons exists why it was not
				  served or filed as herein provided. The board shall rule upon all such
				  petitions and may permit intervention to such an extent and upon such terms or
				  conditions as it shall determine may effectuate the policies of the
				  act.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-49 - Consolidation or severance

Current through July 10, 2024
Two or more proceedings under section
				  7-471
				  of the act may be consolidated by the board, in its discretion, and such
				  proceedings may be severed by the board, in its discretion.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-50 - Witnesses; examination; record; depositions

Current through July 10, 2024
Witnesses at all hearings shall be examined orally, under
				  oath or affirmation, and a record of the proceedings shall be made and kept by
				  the board. If a witness resides outside the state or through illness or other
				  cause is unable to testify before the board, his or her testimony or deposition
				  may be taken within or without the state in such manner and in such form as may
				  be directed by the board. All applications for the taking of such testimony or
				  depositions shall be made by motion to the board in accordance with the motion
				  practice herein set forth.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-51 - Application for subpoenas

Current through July 10, 2024
Any party to a proceeding may apply to the board for the
				  issuance of a subpoena or subpoena duces tecum, requiring the attendance during
				  a hearing of any person, party or witness and directing the production at a
				  hearing of any books, records or correspondence or other evidence relating to
				  any matter under investigation or any question before the board. Such
				  application shall be timely, shall be in writing and shall specify the name of
				  the witness or the documents or things, the production of which is desired,
				  with such particularity as will enable such documents to be identified for
				  purposes of production and the return date desired. Such application shall be
				  made and filed with the board and need not be served on any other party. Any
				  subpoena issued by the board shall be mailed or delivered forthwith to the
				  party applying therefor. Arrangements for the service of the subpoena,
				  according to law, shall be made by such party.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-52 - Issuance of subpoenas for production of books, papers and other matters

Current through July 10, 2024
Upon proper application the board shall issue subpoenas at
				  any time, requiring persons, parties or witnesses to attend or be examined or
				  give testimony and to produce any books, records, correspondence, documents or
				  other evidence that relate to any matter under investigation or any question
				  before the board.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-53 - Fees and mileage for witnesses

Current through July 10, 2024
Witnesses summoned before the board or its agent shall be
				  paid the same fees and mileage that are paid witnesses in the courts of the
				  state, and witnesses whose depositions are taken and the persons taking the
				  same shall severally be entitled to the same fees as are paid for like services
				  in the courts of the state. Witness fees and mileage shall be paid by the party
				  at whose instance the witnesses appear and shall be paid by the board when they
				  appear by the board's instance, and the person taking the deposition shall be
				  paid by the party at whose instance the deposition is taken or by the board if
				  the deposition is taken at its instance.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-54 - Board shall conduct hearings

Current through July 10, 2024
A hearing for the purpose of taking testimony upon a
				  complaint, or upon a complaint and answer, or upon a petition for an election
				  shall be conducted by the board. Such hearings shall be open to the
				  public.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-55 - Hearings; powers and duties of the board

Current through July 10, 2024
During the course of any hearing, the board shall have the
				  full authority to control the conduct and procedure of the hearings, and the
				  records thereof, to admit or exclude testimony or other evidence, and to rule
				  upon all motions and objections made during the course of the hearing. The
				  board shall provide that a full inquiry is made into all the facts in issue and
				  shall obtain a full and complete record of all facts necessary for a fair
				  determination of the issues. In any hearing, the board shall have the right to
				  call and examine witnesses, to direct the production of papers or documents and
				  to introduce into the record such papers or documents.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-56 - Examination of witnesses; introduction of evidence

Current through July 10, 2024
In any hearing, the agent and all parties shall have the
				  right to call, examine and cross-examine witnesses and to introduce into the
				  record papers and documents or other evidence subject to the ruling of the
				  board. Each party shall provide four (4) copies of each paper, document or
				  other evidence it wishes to submit to the board and sufficient additional
				  copies for each party to the proceeding.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-59 - Continuation, adjournment or postponement of hearing

Current through July 10, 2024
(a) In
				the discretion of the board, the hearing may be continued from day to day or
				adjourned to a later date, or to a different place, by announcement thereof at
				the hearing by the board or by other appropriate notice designated by the
				board.
(b) Where the board has
				scheduled an initial hearing, a party may, within ten (10) days of receipt of
				the hearing notice, request one postponement per case by:
(1) Obtaining from the opposing party an
				agreement for the postponement,
(2)
				confirming a new mutually acceptable hearing date, and
(3) notifying the board of the agreement to
				postpone and the new mutually acceptable hearing date. Unless the parties have
				agreed on a postponement and a new hearing date and have so notified the board
				within ten (10) days, the request for postponement shall be granted by the
				board only where the requesting party or parties have demonstrated to the board
				that there is sufficient cause for such postponement.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-60 - Contemptuous conduct at hearings

Current through July 10, 2024
Any person who engages in contemptuous conduct before the
				  board may, in the discretion of the board, be excluded from the hearing room or
				  further participation in the proceeding.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-61 - Waiver of hearing; consent orders

Current through July 10, 2024
(a) Nothing in
				sections
				7-471-19 to
				7-471-75,
				inclusive, of the Regulations of Connecticut State Agencies, shall prevent the
				entry of an order with the consent of the respondent, and on notice to all
				parties and without the holding of any hearing or the making of any findings of
				fact or conclusions of law, if the respondent shall waive the holding of any
				hearing and making of the findings of fact and conclusions of law.
(b) Nothing in sections
				7-471-19 to
				7-471-75,
				inclusive, of the Regulations of Connecticut State Agencies shall prevent the
				parties from agreeing to submit stipulations of facts and evidence.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-62 - Oral argument or briefs; requests for findings of fact and conclusions

Current through July 10, 2024
(a) In all hearings under section
				7-471
				of the act the board may, in its discretion, permit the parties to argue orally
				before it at the close of the hearings or to file briefs, requests for findings
				of fact or conclusions with it. The time for oral argument, filing briefs or
				requests for findings of fact or conclusions shall be fixed by the board. Any
				request for oral argument before the board shall be submitted at the close of
				the hearing. The granting or denial of permission to argue orally before the
				board shall be within the discretion of the board. Arguments shall be included
				in the stenographic report unless the board directs otherwise.
(b) Briefs are to be submitted in accordance
				with the following procedure:
(1) An original
				and four copies shall be filed with the board on or before the due date of the
				brief;
(2) all briefs shall contain
				a certification that a copy of the brief was supplied to other counsel or
				parties of record at the time the brief is filed with the board; and
(3) requests for postponement of briefs shall
				be directed to the office of the general counsel and shall be in writing,
				stating the reasons for the request and setting forth the respective positions
				of all parties of record with regard to the request.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-63 - Variance between allegation and proof; defects in pleading and procedure

Current through July 10, 2024
(a) A variance between an allegation in a
				petition for an election or a pleading in a prohibited practice proceeding and
				the proof shall be considered immaterial unless it prejudicially misleads any
				party or the board. Where a variance is not material, the board may admit such
				proof and the facts may be found accordingly. Where a variance is material, the
				board may permit an amendment at any time before the final order of the board,
				upon such terms as it deems just. Any party or the board may move to conform
				the pleadings to the proof.
(b) The
				board shall disregard all defects in pleading and procedure wherever this may
				be done without impairing the substantial rights of any party, if justice so
				requires.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-64 - Motions and objections during hearing

Current through July 10, 2024
Motions made during the hearing and objections with respect
				  to the conduct of the hearing, including objections to the introduction of
				  evidence, shall be stated orally and shall be included in the stenographic
				  report of the hearing.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-65 - Motion to reopen hearing

Current through July 10, 2024
No motion for leave to reopen a hearing because of newly
				  discovered evidence shall be entertained unless it is shown that such
				  additional evidence is material, that the motion has been timely made and that
				  there were reasonable grounds for the failure to adduce such evidence at the
				  hearing. Nothing contained in this section shall be deemed to limit the right
				  and power of the board in its discretion and on its own motion to reopen a
				  hearing and take further testimony.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-66 - Findings of fact and conclusions of law; decision and order

Current through July 10, 2024
The board shall, at any time after the close of a hearing
				  under section
				  7-471(5)
				  of the Connecticut General Statutes issue its findings of fact, conclusions of
				  law, decision and order. Such findings of fact, conclusions of law, decision
				  and order shall contain, but need not be limited to:
(a) a statement of the case and preliminary
				procedure before the board;
(b)
				findings of fact;
(c) conclusions
				of law; and
(d) decision and
				order.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-67 - Record of proceedings in prohibited practice cases

Current through July 10, 2024
(a) The record of the proceedings before the
				board in prohibited practice cases shall consist of the complaint or amended
				complaint, any other pleadings, notices of hearing, motions, orders,
				stenographic report, exhibits, depositions, findings of fact, conclusions of
				law, the decision and order.
(b) If
				a prohibited practice proceeding is predicated in whole or in part upon a prior
				representation proceeding, the record of such prior representation proceeding
				shall be deemed a part of the record in the prohibited practice proceeding for
				all purposes.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-68 - Record of proceedings in representation cases

Current through July 10, 2024
The record of the proceedings before the board in
				  representation cases shall consist of the petition or amended petition, notices
				  of hearing, the agent's recommendation for dismissal of petition or direction
				  of election, motions, orders, agreement, stenographic report, exhibits,
				  decision and direction of election, report upon secret ballot, objections
				  thereto, certification, dismissal or decision and order.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-69 - Record public

Current through July 10, 2024
The record as defined in sections
				  7-471-67
				  and
				  7-471-68
				  shall constitute the public record of the cases and shall be made available for
				  inspection or copying under such conditions as the board may
				  prescribe.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 7-471-70 - Limitation on board members and employees appearing before board

Current through July 10, 2024
Any person who at any time has been a member of or employed
				  by the board shall not be permitted to appear as attorney or representative for
				  any person, firm, corporation or organization until the expiration of one year
				  from the termination of such person's employment with the board, nor shall such
				  person at any time be permitted to appear in any case which was pending before
				  the board during the period of such person's employment with the
				  board.
Connecticut Administrative Code › Title 7 - Municipalities › 471 - Municipal Employee Relations Act › Article VI - Service of Complaint, Orders and Other Processes › Section 7-471-71 - Service of documents by board

Current through July 10, 2024
Complaints, decisions and orders and other processes and
				  papers of the board and agent may be served personally, by registered or
				  certified mail, or by leaving a copy thereof in the principal office or place
				  of business of persons to be served. The verified return by the individual so
				  serving the same, setting forth the manner of such service, shall be proof of
				  the same and the return post office receipt, when registered or certified and
				  mailed as aforesaid, shall be proof of service of the same.