reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article II - Certifications and Elections of Representatives › Section 5-273-17 - 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, or at least three (3) weeks prior thereto in cases where units exceed five hundred (500) employees, the employer shall furnish, to each interested organization which is a 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) 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. Failure to post election notices as required herein shall constitute grounds for the filing of timely objections pursuant to subsection (b) of section 5-273-20 of the Regulations of Connecticut State Agencies. Nothing herein shall be deemed to prevent an employer from posting such notices earlier.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article II - Certifications and Elections of Representatives › Section 5-273-18 - 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 the 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 furnish information in accordance with section 5-273-17(d) of the Regulations of Connecticut State Agencies.
(7) Failing to post notices of election in accordance with section 5-273-17(e) of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article II - Certifications and Elections of Representatives › Section 5-273-19 - 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 proceedings, the employee shall be permitted to vote, but the employee's 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 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article II - Certifications and Elections of Representatives › Section 5-273-20 - 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 results 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 (4) 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, provided that if the board finds any such objection presents a substantial or material issue of fact or law it shall hold a hearing thereon.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article II - Certifications and Elections of Representatives › Section 5-273-21 - 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. Such certification may issue without an election if the statutory conditions for such certification exist.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-22 - Complaint

Current through July 10, 2024
A complaint that any person, the employer, or an employee organization 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 by the employer, any of whom may hereafter be referred to as the person filing the complaint.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-23 - Complaint; 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-24 - Contents of 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 employer or union or the division thereof 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 5-272 claimed to have been violated.
(e) A statement of the relief to which the complainant deems itself entitled. Such claim for relief shall not limit the powers of the Board vested in it by the Act.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273 - Reference of complaint to agent; investigation

Current through July 10, 2024
All complaints filed with the board shall be automatically referred to its 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 5-273-24 of these regulations.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-27 - Report by agent to board

Current through July 10, 2024
Within three (3) 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. Unless such objection is so filed, the Board will dismiss the complaint.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-28 - Action by board upon agent's report; notice of hearing

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 (7) days after the service of such complaint. Notice of the hearing shall be given to the person filing the complaint or his representatives.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-31 - 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 (5) 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 (4) copies thereof with the Board and serve copies of the answer on each party to the proceeding.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-32 - Denial

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 or new matter which constitutes the grounds of the defense.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-34 - Extension of time to answer

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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-36 - Failure to file answer

Current through July 10, 2024
Notwithstanding any failure of the respondent to file an answer within the time provided, 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article III - Prohibited Practice Complaints › Section 5-273-38 - Compliance 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 the hearing before the board, a brief statement of the matters in controversy.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article IV - Miscellaneous Proceedings › Section 5-273-39 - Declaratory ruling; form of petition

Current through July 10, 2024
Whenever there is a substantial and immediate threat to rights protected by the Act Concerning Collective Bargaining for State Employees 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article IV - Miscellaneous Proceedings › Section 5-273-40 - Declaratory ruling; 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article IV - Miscellaneous Proceedings › Section 5-273-41 - 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) 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article IV - Miscellaneous Proceedings › Section 5-273-42 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article IV - Miscellaneous Proceedings › Section 5-273-44 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-45 - Quorum of board

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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-46 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-47 - Parties; relief

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 the facts found proven, and shall not be limited to the relief demanded.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-48 - Motions during 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. All motions, rulings, decisions and orders shall be and become part of the record in the proceeding.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-49 - Motion 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 (3) days thereafter, file an original, with proof of due service, and four (4) 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 (4) copies shall be filed with the Board within three (3) 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-50 - Intervention; procedure; contents; filings and service

Current through July 10, 2024
Any person, employer or subdivision thereof, or employee organization desiring to intervene in any proceeding shall file with the Board a sworn petition and four (4) copies thereof in writing, setting forth the facts upon which such person, employer or its subdivision thereof, or employee organization claims an interest in the proceedings. Such petition shall be served on all parties. Petitions shall be filed with the Board, with proof of service, at least two (2) 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 reason 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-51 - Consolidation or severance

Current through July 10, 2024
Two or more proceedings 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-52 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-53 - Application for subpoenas

Current through July 10, 2024
(a) 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.
(b) 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-54 - Witness fees

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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-55 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-56 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-57 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-60 - Continuation, adjournment or postponement of hearings

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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-61 - 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-62 - Waiver of hearing; consent order

Current through July 10, 2024
(a) Nothing 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 5-273-22 to 5-273-77, 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-63 - Oral argument or briefs; requests for findings of fact or conclusions at the close of hearings

Current through July 10, 2024
(a) In all hearings under this Act the board may, in its discretion, permit the parties to argue orally before it at the close of the hearing 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) The original and four (4) copies of the brief 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 regards to the request.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-64 - Variance between pleading and proof

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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-65 - Motions and objections at hearings

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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-66 - Motion to reopen a 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-67 - Findings of fact; conclusions of law; decision and order

Current through July 10, 2024
The board shall, within a reasonable time after the close of a hearing under the provision of this Act, 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; (d) decision and order.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-68 - Record of proceedings before the board; 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 hearings, 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-69 - Records of proceedings before the board; representation cases

Current through July 10, 2024
The record of the proceedings before the board in representation cases shall consist of the notification, petition or amended petition, notices of hearings, 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article V - General Provisions Relating to Parties and Procedure Applicable to All Proceedings › Section 5-273-71 - Practice before the 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 the employer or its subdivisions thereof or employee 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 5 - State Employees › 273 - Collective Bargaining for State Employees › Article VI - Service of Complaints, Orders and Other Processes › Section 5-273-72 - Service 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, shall be proof of service of the same.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article VI - Service of Complaints, Orders and Other Processes › Section 5-273-73 - Service by a party

Current through July 10, 2024
Service of papers by a party to the proceeding shall be made by registered or certified mail, first class mail, postage pre-paid, or in person. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of such service. When service is made by registered or certified mail, the return post office receipt shall be proof of service.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article VI - Service of Complaints, Orders and Other Processes › Section 5-273-74 - Service upon attorney

Current through July 10, 2024
If a party appears by its attorney, all papers other than the complaint, notice of original hearings, and final decisions and orders may be served, as therein provided, upon such attorney with the same force and effect as though served upon the party.
Connecticut Administrative Code › Title 5 - State Employees › 273 - Collective Bargaining for State Employees › Article VII - Construction, Amendments, or Application of Regulations › Section 5-273-77 - Collective bargaining units in the executive branch of the state government

Current through July 10, 2024
(a)
Non-professional units.
(1) State Police - uniformed and investigatory.
(2) Service, maintenance, building trades and crafts. This constitutes a traditional blue collar unit and includes all employees not engaged in clerical administrative or office-related tasks excepting employees engaged in security, law enforcement and health care.
(3) Administrative clerical employees. This constitutes a traditional unit composed largely of clerical and other office-related employees in all departments of the executive branch of the state government (including those employed in corrections, protection and health care functions). It also includes employees performing nonprofessional inspection functions concerned primarily with contents of papers and documents.
(4) Corrections officers. This unit includes employees in correctional institutions concerned with custody, education, and counseling of inmates confined to institutions under the jurisdiction of the Corrections Department.
(5) Protective services. This unit includes employees engaged in the protection of property (e.g. guards, firefighters) and in law enforcement functions, excluding state police.
(6) Health care unit. This unit includes all non-professional employees engaged in health care functions (except clerical and blue collar employees).
Connecticut Administrative Code › Title 6 - Counties and County Officers. Judicial and State Marshals › 38b - Professional Standards (Including Disciplinary Process), Training and Minimum Fees › Section 6-38b-1 - Qualifications

Current through July 10, 2024
To qualify as a state marshal pursuant to section 6-38b of the Connecticut General Statutes, a person shall:
(1) Be an elector in the county in which a vacancy for the position of state marshal exists;
(2) Speak, write and read the English language;
(3) Be at least 21 years of age;
(4) Have been awarded a high school diploma or general equivalency diploma (GED);
(5) Be free from any physical, mental or emotional disorder that would prevent the person from performing the duties of a state marshal;
(6) Be of good moral character;
(7) Have a valid Connecticut driver's license; and
(8) Have passed the examination required under section 6-38b-3 of the Regulations of Connecticut State Agencies and have completed all required training. The State Marshal Commission may waive the examination requirement for persons who previously served as deputy sheriffs in the state of Connecticut.
Connecticut Administrative Code › Title 6 - Counties and County Officers. Judicial and State Marshals › 38b - Professional Standards (Including Disciplinary Process), Training and Minimum Fees › Section 6-38b-2 - Application

Current through July 10, 2024
(a) The State Marshal Commission shall provide an application form for appointment as a state marshal.
(b) All applications for appointment as a state marshal shall be typewritten or hand-printed and submitted to the commission in the form referred to in subsection (a) of this section.
(c) All applications shall be submitted under oath, sworn before and acknowledged by a notary public, that the information given is true. All applications shall include the following information:
(1) All names by which the applicant has been known;
(2) The applicant's residence mailing address;
(3) The applicant's residence telephone number;
(4) The applicant's business mailing address;
(5) The applicant's business telephone number;
(6) Whether the applicant is over the age of 21;
(7) The applicant's Connecticut driver's license number and expiration date;
(8) Whether the applicant is an elector in the county in which the vacancy occurs;
(9) The applicant's criminal convictions and any pending criminal charges;
(10) The applicant's employment history for the five years immediately preceding the date of application;
(11) The names of three Connecticut residents who are not members of the applicant's immediate or extended family or household, who can attest to the applicant's good character;
(12) Whether the applicant is free from any physical, mental or emotional disorder that would prevent him or her from performing the duties of a state marshal; and
(13) The applicant's signature.
Connecticut Administrative Code › Title 6 - Counties and County Officers. Judicial and State Marshals › 38b - Professional Standards (Including Disciplinary Process), Training and Minimum Fees › Section 6-38b-3 - Examination

Current through July 10, 2024
(a) The State Marshal Commission shall administer to each applicant for appointment as a state marshal a written examination to determine the applicant's knowledge of service of process and execution.
(b) The examination shall include, but not be limited to, the following subjects:
(1) The functions of a state marshal, including, service of process and execution; and
(2) Familiarity with the applicable portions of the Connecticut General Statutes, the Connecticut Practice Book and the commission's regulations.
Connecticut Administrative Code › Title 6 - Counties and County Officers. Judicial and State Marshals › 38b - Professional Standards (Including Disciplinary Process), Training and Minimum Fees › Section 6-38b-4 - Training

Current through July 10, 2024
(a) The State Marshal Commission shall publish a manual providing information relevant to the duties and responsibilities of state marshals. This manual shall be provided to all state marshals.
(b) The commission shall establish a statewide training program for state marshals appointed pursuant to section 6-38b of the Connecticut General Statutes. The commission shall appoint instructors for such program who shall hold classes on the subject area of a state marshal's duties and responsibilities, as determined by the commission after consultation with the State Marshal Advisory Board.
(c) State marshals shall comply with all continuing education requirements and certification or re-certification requirements as established by regulation.