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 7-471-36 - Interim relief pending final disposition

Current through July 10, 2024
(a) Following
				the date on which a complaint has been made to the board concerning an ongoing
				violation of the act, the complainant may request the board to issue an interim
				order requiring the respondent to cease and desist from such act or practice
				until the board has made its final determination. Such request must clearly and
				specifically state with certainty and definiteness all the essential facts
				relied upon by complainant to show that he has met the standards contained in
				subsection (g), infra. The facts alleged in said request must be supported by
				affidavits which shall be made on personal knowledge and shall set forth such
				facts as would be admissible in evidence before the board at a formal hearing,
				and shall show affirmatively that the affiant is competent to testify to the
				matters stated therein. Sworn or certified copies of all papers or parts
				thereof referred to in an affidavit shall be attached thereto.
(b) At least two days prior to the day upon
				which the request is filed with the board, the complainant shall cause a copy
				of said request, affidavits and attachments to be sent by registered or
				certified mail, or to be served by an appropriate officer upon, all parties or
				their representatives.
(c)
				Respondent shall have the right to file an answer and counter affidavits.
				Failure of respondent to file an answer and counter affidavits and to appear
				before the board or single member thereof shall not prevent the board from
				accepting as true the facts properly alleged in the complaint and affidavits
				and granting the complainant's request.
(d) After having considered the facts
				contained in complainant's request and affidavits, and respondent's answer and
				counter affidavits, if any, the board may in its discretion dismiss the request
				without a hearing.
(e) If the board
				does not dismiss the request as provided in subsection (d), supra, and the
				parties do not waive a hearing: A panel of the board or a single member thereof
				shall conduct a hearing as expeditiously as possible after its receipt of the
				motion for interim relief. If a panel of the board hears the motion it shall
				issue a decision within thirty (30) days of the close of the hearing.
(f) If a single member of the board hears the
				motion, that member shall issue a proposed decision within thirty (30) days of
				the close of the hearing, and if no objections are filed it will be the
				decision of the board on the motion for interim relief. Specific written
				objections to the proposed decision shall be filed within five (5) days, and
				the board may in its discretion conduct a hearing on the objections, but in any
				case, the board shall issue a decision on the motion within thirty (30) days of
				the issuance of the proposed decision.
(g) In determining whether to issue an
				interim order the board shall consider
(1)
				the harm to the complainant if an interim order is not issued; including
				whether irreparable injury, loss, or damage will result,
(2) the harm to the respondent if an interim
				order is issued,
(3) the
				probability of success on the merits by the complainant, and
(4) the interests of the public.