Connecticut Administrative Code › Title 31 - Labor › 101 - Connecticut State Labor Relations Act › Article II - Procedures Under Section 31-106 of the Act-Election of Representatives › Section 31-101-12 - Duties of agent

Current through July 10, 2024
(a) When a petition
				for an election has been filed, the agent shall confer with and may hold
				informal conferences with the interested parties and ascertain the facts. The
				agent shall ascertain whether a substantial number of employees desire the
				petitioner to represent them or whether a substantial number of employees wish
				to decertify an existing employee representative by making a card check or by
				such other appropriate means as the agent shall determine. In making a card
				check the agent may use the criteria set out in subsection (b) of this section.
				The agent shall encourage the parties to agree upon the appropriate unit and a
				suitable method by which the representative is to be determined by the board.
				In cases where the parties agree that an election be held to ascertain the
				wishes of the employees, the agent shall as soon as possible conduct an
				election by secret ballot. In cases where the parties agree upon other suitable
				methods by which the representative is to be determined, the agent as soon as
				possible shall by such method ascertain the employee's wishes and report the
				agent's findings promptly to the board. Whenever the agent, after
				investigation, has reasonable cause to believe that a question of
				representation exists, including but not limited to finding that the parties
				are unable to agree upon the appropriate unit and he is unable to settle the
				controversy concerning representation, the agent shall issue a direction of
				election within 30 days of the investigation and conduct a secret ballot
				election within thirty (30) days of the issuance of the direction of election
				to determine whether and by which employee organization the employees desire to
				be represented. The election shall be conducted in accordance with the terms
				and conditions set forth in Sections
				31-101-14,
				31-101-14a,
				31-101-15, and
				31-101-16
				of these regulations and the agent shall report the agent's action to the
				board. In the event that the agent determines that there is no reasonable cause
				to believe that a question of representation exists, the agent shall issue a
				recommendation to dismiss the petition within thirty (30) days after the
				investigation and report the agent's action to the board. In the event the
				agent is unable to determine whether or not a question of representation
				exists, the agent may, within 30 days of the agent's investigation, refer the
				petition directly to the board for a hearing without either having conducted an
				election or issuing a recommendation for dismissal, in which event the board
				shall conduct an appropriate hearing upon due notice as set forth in these
				regulations.
(b) Proof of an
				employee's desire with regard to representation may be established as follows:
The petitioner may present to the agent membership or
				  application for membership cards or collective bargaining authorization
				  cards.
The cards shall be dated and signed by the employees prior to
				  the filing of the petition with the board, and shall contain the printed or
				  typewritten name of the signer.
The cards will be void if signed more than a year before the
				  filing of the petition with the board.
The card itself shall indicate the employee's desire with
				  regard to representation.
(c) If the agent determines either to conduct
				a secret ballot election or to recommend dismissal of the petition, the parties
				may object to the agent's determination by filing objections in the form of a
				brief within fourteen (14) days of the service of the order directing an
				election or within 14 days of the agent's recommendation for a dismissal filed
				with the board. Briefs shall be certified to all parties.
(d) If objections are timely filed, the agent
				shall prepare a record for the board which shall include the following: the
				petition, the agent's order directing an election, or the agent's
				recommendation for dismissal and any briefs filed by a party.
(e) The board, after considering the agent's
				direction of election or the agent's recommendation for dismissal, together
				with the briefs submitted, shall as appropriate within thirty (30) days of
				receiving the record:
(1) Issue an order
				confirming the agent's direction of election and certifying the election
				results,
(2) issue an order
				confirming the agent's recommendation for dismissal,
(3) order further investigation, or
(4) order a hearing.