reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D2 - Wage order

Current through July 10, 2024
(a)
Rate.
The following minimum wage is ordered: Not less than the
				  minimum fair wage established by subsection (j) of section
				  31-58 of
				  the Connecticut General Statutes per hour.
(b)
Beginners.
There shall be
				  paid for the first two hundred hours in the trade not less than eighty-five
				  percent of the minimum fair wage established by subsection (j) of section
				  31-58 of
				  the Connecticut General Statutes per hour.
(c)
Overtime.
Not less than one
				  and one-half times the employee's regular hourly rate shall be paid for all
				  hours in excess of forty in any work week.
(d)
Minimum daily earnings
				  guaranteed.
An employee who, by request or permission of the employer,
				  reports for duty on any day whether or not assigned to actual work shall be
				  compensated for a minimum of four hours' earnings at his regular rate. In
				  instances of regularly scheduled employment of less than four hours, as
				  mutually agreed in writing between employer and employee, and approved by the
				  labor department, this provision may be waived, provided the minimum daily pay
				  in every instance shall be at least twice the applicable minimum hourly
				  rate.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D3 - Payment of wages

Current through July 10, 2024
Each employee shall be paid, weekly, wages not less than
					 the minimum provided in this order, and all commissions as defined herein shall
					 be settled at least once monthly.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D4 - Regular hourly rate

Current through July 10, 2024
Each employer shall establish a regular hourly rate for
					 employees covered by this order. When an employee is paid a commission in whole
					 or in part for his earnings, the regular hourly rate for the purpose of
					 computing overtime shall be determined by dividing the employee's total
					 earnings by the number of hours in the usual work week as supported by time
					 records made in accordance with the provisions of section
					 31-62-D8.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D6 - Beginners

Current through July 10, 2024
Beginners may be employed at a rate not less than
					 eighty-five percent of the minimum fair wage established by subsection (j) of
					 section
					 31-58 of
					 the Connecticut General Statutes per hour for the first two hundred hours in
					 the mercantile trade and not less than the minimum fair wage established by
					 subsection (j) of section
					 31-58 of
					 the Connecticut General Statutes per hour thereafter, provided the number of
					 beginners over the age of eighteen does not exceed five per cent of the persons
					 regularly employed in the establishment. Any employee who has completed a
					 two-hundred-hour learning period in the mercantile trade may not be employed to
					 work at a learner's rate.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D7 - Handicapped workers

Current through July 10, 2024
Any employee whose earning capacity has been impaired by
					 physical or mental disability may be paid less than the minimum wage, provided
					 specific permission in each case shall be obtained by the employer from the
					 labor department in accordance with the provisions of section
					 31-67
					 of the general statutes.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D8 - Records

Current through July 10, 2024
The employer shall keep available at the place of
					 employment for a period of three years accurate and legible records in ink for
					 each employee as follows: (1) His name; (2) his address; (3) his working
					 certificate as proof of age if a minor employee (sixteen to eighteen years);
					 (4) his occupation; (5) total wages paid him each pay period; (6) his daily and
					 weekly hours worked showing the beginning and ending hours of each work period.
					 Records of daily and weekly hours need not be maintained for employees who
					 qualify for exemption of the overtime requirements of this order, provided the
					 wages paid shall be at least the minimum required in this order. With
					 permission of the labor commissioner or his authorized representative, wage
					 records may be kept at designated places other than the place of employment.
					 Records of hours worked for each employee for whom such record is required
					 shall be available at the place of employment for inspection at all reasonable
					 times.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D10 - Employment under other minimum wage orders or for which no wage order has been promulgated

Current through July 10, 2024
The provisions of these regulations shall apply to any
					 worker engaged in the mercantile trade as defined herein for the entire work
					 period, unless he is engaged partly in an occupation covered by another wage
					 order or in an occupation for which no wage order has been promulgated and the
					 time spent in each occupation is segregated and recorded.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › D - Minimum Fair Wage Rates for Persons Employed in the Mercantile Trade › Section 31-62-D11 - No charge for uniforms or other facilities

Current through July 10, 2024
The cost of uniforms or other facilities required by the
					 employer as a condition of employment, and the reasonable cost of their
					 maintenance, may not be charged to the employee if such expense would result in
					 the payment of a wage less than the minimum prescribed in this order.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E1 - Wage order

Current through July 10, 2024
(a)
Rate.
The following minimum wage is ordered: Not less than the
				  minimum fair wage established by subsection (j) of section
				  31-58 of
				  the Connecticut General Statutes per hour, except during the period commencing
				  January 1, 2001, and ending December 31, 2002, the minimum wage for persons
				  employed in the hotel and restaurant industry, including a hotel restaurant,
				  who customarily and regularly receive gratuities shall be four dollars and
				  seventy-four cents per hour, except during said period the minimum wage for
				  bartenders who customarily and regularly receive gratuities shall be six
				  dollars and fifteen cents per hour.
(b)
Minimum daily earnings
				  guaranteed.
Any employee regularly reporting for work, unless given
				  adequate notice the day before to the contrary, or any employee called for work
				  in any day shall be assured a minimum of two hours' earnings at not less than
				  the minimum rate if the employee is able and willing to work for the length of
				  time. If the employee is either unwilling or unable to work the number of hours
				  necessary to insure the two-hour guarantee, a statement signed by the employee
				  in support of this situation must be on file as part of the employer's
				  records.
(c)
Work on seventh
				  consecutive day.
Not less than one and one-half times the minimum rate
				  for all time worked on the seventh consecutive day.
(d)
Overtime.
Not less than one
				  and one-half times the regular rate for all hours worked in excess of forty in
				  any work week.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E2a - Service Employees

Current through July 10, 2024
A service employee shall not be deemed to have performed
					 service duties while an establishment is not open to patrons, shall not claim a
					 credit for gratuities for the time a service employee works when an
					 establishment is not open to patrons, and shall not include any portion of such
					 time as part of the calculation of non-service duties when applying the
					 provisions of section 31-62-E3a of the Regulations of Connecticut State
					 Agencies.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E3 - Gratuities as part of the minimum fair wage

Current through July 10, 2024
Gratuities shall be recognized as constituting a part of
					 the minimum fair wage when all of the following provisions are complied
					 with:
(a) The employer shall be
				  engaged in an employment in which gratuities have customarily and usually
				  constituted and have been recognized as part of his remuneration for hiring
				  purposes, and
(b) the amount
				  received in gratuities claimed as credit for part of the minimum fair wage
				  shall be recorded on a daily, weekly, or bi-weekly basis in a wage record even
				  though the payment is made more frequently, and
(c) each employer claiming credit for
				  gratuities as part of the minimum fair wage paid to any service employee shall
				  obtain substantial evidence as described in Section 30-60-2, such as a daily,
				  weekly, or bi-weekly attestation or statement in electronic or written format
				  demonstrating that the service employee has received in gratuities not less
				  than the amount claimed as credit for part of the minimum fair wage. Such
				  attestation or statement shall contain the week ending date of the payroll week
				  for which credit is claimed. Such attestation or statement may include
				  documentation via an electronic point of service system or any other method
				  that verifies the amount a service employee has received in gratuities for the
				  pay period in question. Such attestation, statement, or substantial evidence
				  shall satisfy the requirements of subsection (b) and this subsection.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E3a - Service and non-service duties within the restaurant industry

Current through July 10, 2024
(a) On any day that a service employee
				  performs non-service employee duties:
(1) For
				  two hours or more, or
(2) For more
				  than 20 percent of the service employee's shift, whichever is less, the
				  employer shall not claim credit for gratuities as part of the minimum fair wage
				  for that day.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E5 - Employment under other wage orders

Current through July 10, 2024
(a)
Mercantile.
If an employee is engaged partly in the restaurant
				  occupation but is also engaged partly in an occupation covered by the
				  mercantile wage order, the provisions of the mercantile wage order shall apply
				  to the entire work period, except that, when time spent in each occupation is
				  segregated and separately recorded, the allowance for gratuities as permitted
				  as part of the minimum fair wage may be applied to the hours worked by an
				  employee in the restaurant service category.
(b)
Other.
If an employee is
				  engaged partly in an occupation under the restaurant wage order but is also
				  engaged partly in an occupation covered by another wage order other than the
				  mercantile wage order, the higher provisions of each wage order shall apply to
				  the entire work period unless the time spent in each occupation is definitely
				  segregated and so recorded. Where the time spent in each occupation is
				  definitely segregated and so recorded the provisions of the applicable wage
				  order shall apply.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E6 - Deductions and allowances for the reasonable value of board and lodging (Repealed)

Current through July 10, 2024
For 2014 repeal, see
						Sec.
						54 of
						Public
						Act 14-187. (June 11,
						2014)
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E7 - Deductions (Repealed)

Current through July 10, 2024
For 2014 repeal, see
						Sec.
						54 of
						Public
						Act 14-187. (June 11,
						2014)
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E8 - Deposit

Current through July 10, 2024
No deposit shall be required by an employer from any
					 employee for a uniform or for any other purpose except by permission of the
					 labor department.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E9 - Hours worked

Current through July 10, 2024
Hours worked shall include all time during which an
					 employee is required to be on the employer's premises or to be on duty, or to
					 be at a prescribed work place, and all time during which an employee is
					 employed or permitted to work, whether or not required to do so. Meal periods
					 may be credited as non-working time, provided the beginning and ending of the
					 meal period shall be so recorded on the time records, and provided the employee
					 shall be entirely free from all work requirements during the period and shall
					 be free to leave the establishment.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E10 - Travel time and travel expenses

Current through July 10, 2024
Any employee who is required or permitted to travel from
					 one establishment to another after the beginning or before the close of the
					 work day, shall be compensated for travel time at the same rate as for working
					 time, and shall be reimbursed for the cost of transportation.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E12 - Employment of the physically or mentally handicapped

Current through July 10, 2024
(a) For the purpose of this regulation,
				  issued in accordance with section
				  31-67
				  of the general statutes, a "physically or mentally handicapped person" means a
				  person whose earning capacity is impaired by age or physical or mental
				  deficiency or injury.
(b) To
				  prevent curtailment of employment opportunities, physically or mentally
				  handicapped workers whose earning capacity has been impaired by a physical or
				  mental impairment which constitutes an actual handicap as directly related to
				  the performance of the duties which the employee is required to perform may be
				  paid at a modification of the minimum fair wage rate, provided permission has
				  been granted by the labor commissioner, after an investigation, to employ the
				  worker at a rate lower than the established minimum fair wage. Such permission
				  shall specify the minimum wage to be paid to the employee and the type of work
				  for which modification of the minimum fair wage was granted. Such permission
				  shall be valid from the date of issuance and acceptance by employer and
				  employee to the date of revocation or the cancellation of such permission. Such
				  permission may be revoked by the commissioner if investigation discloses that
				  it was obtained by misrepresentation of any kind. Any deviation from the terms
				  of the permission except an upward revision of the minimum wage set forth in
				  the permission shall be deemed a violation of this regulation and will cancel
				  the permission effective on the date the violation occurs and from that date
				  forward the minimum wage as defined in this wage order shall be applicable for
				  all hours of employment.
(c) An
				  employer desiring to employ a physically or mentally handicapped worker at a
				  modification of the minimum fair wage rate shall make application to the labor
				  commissioner prior to such employment and shall set forth:
(1) The name and address of the person to
				  whom the modified minimum wage rate shall apply;
(2) nature of the handicap;
(3) the duties to which the worker will be
				  assigned and the apparent degree of handicap in performing such duties;
(4) the proposed hourly rate at
				  which the handicapped worker is to be employed based upon the extent to which
				  the worker is handicapped in the performance of duties required, and
(5) the willingness of the employee to accept
				  a modified hourly rate subject to approval.
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E14 - Records

Current through July 10, 2024
(a) For the purpose of this regulation,
				  issued in accordance with the provisions of section
				  31-66
				  of the general statutes, "true and accurate records" means accurate legible
				  records for each employee showing:
(1) Name;
(2) home address;
(3) occupation in which employed;
(4) total daily and total weekly hours
				  worked, showing the beginning and ending time of each work period, computed to
				  the nearest unit of fifteen minutes;
(5) total hourly, daily or weekly basic wage;
(6) additions to or deductions
				  from wages each pay period;
(7)
				  total wages paid each pay period,
(8) overtime wage as a separate item from
				  basic wage;
(9) payment for the
				  seventh consecutive day of work as a separate item;
(10) separate itemization on payroll records
				  of each allowance (meals, lodging, gratuities) used as part of the minimum fair
				  wage;
(11) statements signed by
				  employee in accordance with section
				  31-62-E3
				  when credit for gratuities is claimed as part of minimum fair wage;
(12) such other records as are stipulated in
				  accordance with administrative regulation sections
				  31-60-1
				  through
				  31-60-16;
(13) working certificates for
				  minor employees (sixteen to eighteen years).
Connecticut Administrative Code › Title 31 - Labor › 60 - MINIMUM WAGES › Part II - SPECIFIC ORDERS › E - Minimum Fair Wage Rates for Persons Employed in the Restaurant and Hotel Restaurant Occupations › Section 31-62-E15 - Penalty

Current through July 10, 2024
Any employer who pays or agrees to pay any employee less
					 than the rates applicable under this wage order shall be subject to the penalty
					 provided in section
					 31-69 of the
					 Connecticut General Statutes. Any employer who fails to keep the records
					 required under this chapter or to furnish such records to the commissioner or
					 any authorized representative of the commissioner upon request shall be subject
					 to the penalty provided in section
					 31-69 of the
					 Connecticut General Statutes.
(See G.S, §
										31-69.)
Connecticut Administrative Code › Title 31 - Labor › 71h - Civil Penalties for Wage Violations › Section 31-71h-1 - Definitions

Current through July 10, 2024
For the purposes of Sections 31-71h-1 through
				31-71h-6,
				inclusive, of these Regulations, the following definitions apply:
(1) "Civil penalty" means a penalty of
			 $300.00 for each violation of part III of Chapter 557 or Chapter 558.
(2) "Commissioner" means the Labor
			 Commissioner, whose mailing address is Labor Department, 200 Folly Brook
			 Boulevard, Wethersfield, Connecticut 06109, or his designee.
(3) "Division" means the Wage and Workplace
			 Standards Division which is responsible for enforcement of part III of Chapter
			 557 and Chapter 558 of the Connecticut General Statutes whose mailing address
			 is Labor Department, 200 Folly Brook Boulevard, Wethersfield, Connectiut
			 06109.
(4) "Employer" means any
			 employer, officer, agent or any other person who may have violated part III of
			 Chapter 557 or Chapter 558 of the Connecticut General Statutes.
(5) "Violation" means a failure by an
			 employer, officer, agent or other person to comply with any applicable
			 provision of part III of Chapter 557 or Chapter 558.
Connecticut Administrative Code › Title 31 - Labor › 71h - Civil Penalties for Wage Violations › Section 31-71h-2 - Assessment of civil penalty

Current through July 10, 2024
(a) In addition to
			 and apart from any other penalties and/or remedies provided in part III of
			 Chapter 557 and Chapter 558 of the Connecticut General Statutes, the Labor
			 Commissioner shall assess a civil penalty of $300.00 upon the following
			 determination:
(1) an employer has violated a
			 statutory provision of part III of Chapter 557; or
(2) an employer has violated a statutory
			 provision of Chapter 558.
Connecticut Administrative Code › Title 31 - Labor › 71h - Civil Penalties for Wage Violations › Section 31-71h-3 - Notice of violation

Current through July 10, 2024
(a) The employer
			 shall be notified of a civil penalty assessment by the "Notice of Violation and
			 Opportunity to Show Cause" which shall be sent to the employer along with the
			 "Notice To Employer-Unpaid Wages Due" statement, if applicable.
(b) In cases where there is a violation but
			 no wages are due to any employees, the employer shall be notified of the civil
			 penalty assessment by the "Notice of Violation and Opportunity to Show Cause"
			 which shall be sent to the employer.
(c) The "Notice of Violation and Opportunity
			 to Show Cause" shall provide the following:
(1) the total civil penalty
			 assessed;
(2) the right of the
			 employer to request in writing a hearing to show cause why the civil penalty
			 should not be assessed;
(3) an
			 advisement that no hearing shall be granted unless a written request for
			 hearing is received by the Division within twenty-one (21) days from the date
			 of mailing of the notice; and
(4)
			 the right of the employer to waive the right to request a hearing and to
			 respond in writing to the notice within twenty-one (21) days of the date of
			 mailing of the notice.
Connecticut Administrative Code › Title 31 - Labor › 71h - Civil Penalties for Wage Violations › Section 31-71h-4 - Request for hearing

Current through July 10, 2024
Any employer who seeks to contest a civil penalty assessment
				shall file, within twenty-one (21) days from the date the "Notice of Violation
				and Opportunity to Show Cause" was issued, a written request for an opportunity
				to be heard which shall clearly state the reason(s) for such request, including
				facts to demonstrate that no violation has occurred.
Connecticut Administrative Code › Title 31 - Labor › 71h - Civil Penalties for Wage Violations › Section 31-71h-5 - Show cause hearing

Current through July 10, 2024
(a) If the
			 Commissioner determines that the employer has stated adequate facts or legal
			 grounds to warrant a hearing, the Commissioner shall provide written notice of
			 the hearing to show cause why a civil penalty should not be assessed and shall
			 mail written notice to the employer of the date, time and place of the hearing.
			 Such determination shall be within the sole discretion of the Commissioner. The
			 notice shall inform the employer of its rights in the show cause hearing
			 including:
(1) the right to be represented by
			 any person, including an attorney; and
(2) the right to present documentary evidence
			 and written and/or oral argument in support of the employer's
			 position.
Connecticut Administrative Code › Title 31 - Labor › 71h - Civil Penalties for Wage Violations › Section 31-71h-6 - Determination of penalty

Current through July 10, 2024
(a) Following a
			 hearing or after the employer has waived the right to request a hearing, the
			 Commissioner may uphold or modify the civil penalty assessment, such
			 determination shall be within the sole discretion of the
			 Commissioner.
(b) If the employer
			 requests a hearing, but the Commissioner denies the request for a hearing, the
			 total civil penalty assessed in the Notice shall be the final civil
			 penalty.
(c) If the employer does
			 not request a hearing or respond in writing to the Notice, the total civil
			 penalty assessed in the Notice shall be the final civil penalty unless
			 otherwise modified by the Commissioner.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Organization and Policies of the State Board of Mediation and Arbitration Description of the Organization › Section 31-91-1a - Creation and authority

Current through July 10, 2024
(a) The Connecticut
				State Board of Mediation and Arbitration (hereinafter referred to as the
				"board") was created by Sec.
				31-91
				of the Connecticut General Statutes, and administers various statutes that
				provide for mediation and arbitration services to private and public sector
				employers and employee organizations and appeals pursuant to Sec.
				53-303e
				of the Connecticut General Statutes. The board is composed of six members
				appointed by the Governor, for six year terms as provided in Sec.
				4-9a
				of the Connecticut General Statutes, with the public, labor, and management
				each represented by two members. One of the public members is designated by the
				Governor as the chairman and the other public member shall be the deputy
				chairman. The members shall have the power to complete any matter pending at
				the expiration of the terms for which they were appointed.
(b) Alternate members of the board are
				appointed by the Governor upon request of the Labor Comissioner or the chairman
				of the board for a term of up to one year or until a replacement is appointed.
				The number of alternate members appointed shall depend upon necessity and
				demand. Alternate members shall serve when duties are delegated. While
				performing such delegated duty, alternate members shall have all the powers of
				members of the board. Alternate members shall have the power to complete any
				matter pending after the expiration of the terms for which they were
				appointed.
(c) Board members and
				alternates shall take the applicable oath of office described in Sec.
				31-92a of the
				Connecticut General Statutes before assuming their duties for the term of
				appointment. The director shall record the date that each board member or
				alternate took the oath as well as the name and title of the person
				administering the oath.
(d)
				Wherever any provisions of the Connecticut General Statutes refer to the
				Secretary of the Board of Mediation and Arbitration, they are construed to
				refer to the board director. The duties of the board director shall include but
				are not limited to serving as:
(1) secretary
				to the board;
(2) agent for service
				of civil process directed to the board;
(3) agent for the board when so
				authorized;
(4) custodian of the
				board's records;
(5) provider of
				certified copies of documents; and
(6) mediator in high priority
				cases.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Organization and Policies of the State Board of Mediation and Arbitration Description of the Organization › Section 31-91-2 - Functions

Current through July 10, 2024
(a) The six member board establishes policy
				and promulgates regulations for the operation of the board. It provides advice
				and consent to the Labor Commissioner on the appointment of full time mediators
				who shall be responsible to the board.
(b) The board provides employers and employee
				organizations with mediators for the purpose of settlement of grievances or
				mediation of impasses in contract negotiations. It also makes available
				arbitration services for the purpose of arbitration of disputes over the
				interpretation or application of the terms of the written collective
				agreements.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Organization and Policies of the State Board of Mediation and Arbitration Description of the Organization › Section 31-91-3 - Meetings of the board

Current through July 10, 2024
(a) The board shall
				hold regular meetings on the third Monday of every other month, except when an
				emergency arises. A quorum shall consist of four members, provided there is at
				least one public, labor, and management member present. A member who is unable
				to attend a meeting may, by completing a proxy form, designate an appropriate
				alternate member to serve as a substitute. The minutes of the meeting shall be
				recorded in a formal book of minutes, and these official minutes shall be
				signed by the director of the board.
(b) The chairman may convene special and
				emergency meetings.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Organization and Policies of the State Board of Mediation and Arbitration Description of the Organization › Section 31-91-4 - Official address

Current through July 10, 2024
(a) All
				communications should be addressed to the State Board of Mediation and
				Arbitration, 38 Wolcott Hill Road, Wethersfield, Connecticut, 06109.
(b) Except as otherwise provided in this
				subsection, faxes shall be accepted by the board for communication purposes
				with the board. To meet any mandated time frame, faxes shall be received by the
				close of the business day of the board. The close of the business day is 4:30
				p.m. Faxes shall not be accepted for last best offers in interest arbitration
				or for briefs in any proceedings.
(c) Any civil process directed to the board
				shall be served on the board director at the board's office during regular
				business hours. Regular business hours are 8:30 a.m. to 4:30 p.m.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Organization and Policies of the State Board of Mediation and Arbitration Description of the Organization › Section 31-91-5 - Public information

Current through July 10, 2024
The public may inspect only the regulations, decisions and
				  public records of the board at its offices in Wethersfield. Written requests
				  should be submitted to the board at its above-stated official
				  address.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-22 - Purpose and scope of arbitration services

Current through July 10, 2024
Arbitration is the procedure of submitting disputes between
				  an employer and the employee organization designated to represent his employees
				  to a third party neutral or tripartite panel for decision. The arbitration
				  services of the board are available to employers and employee
				  organizations.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-23 - Conditions for initiation of arbitration procedure

Current through July 10, 2024
(a) A grievance or dispute will be heard by
				the board when any of the following conditions is met:
(1) The board is specifically named as
				arbitrator within a collective bargaining agreement or;
(2) The parties to the dispute submit in
				writing their mutual request for arbitration and mutual agreement to be bound
				by the board's decision; or
(3) An
				employee files a written claim alleging that he was discharged in violation of
				Sec.
				53-303e
				of the Connecticut General Statutes.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-24 - Demand for arbitration services, payment of filing fee and types of cases

Current through July 10, 2024
(a) A submission or demand for arbitration
				services shall be submitted on a completed and signed grievance arbitration
				request form which shall include a general statement of the dispute and the
				position of the filing party. The purpose of the general statement is to
				provide the board with the general outline of the dispute. A demand for
				arbitration shall be accompanied by the twenty five (25) dollar filing fee. A
				confirmation letter and a copy of the request for grievance arbitration form
				will be forwarded to the parties involved in the case.
(b) A bill for the filing fee will be sent to
				the non-demanding party and is due within thirty (30) days of the date of the
				confirmation letter. The failure of the non-demanding party to pay the twenty
				five (25) dollar filing fee will not delay the arbitration process. Where
				payment of the filing fee is not timely made, the board may seek such payment
				through all available legal means.
(c) Except as set forth in subsection (d) and
				subsection (e) of this section and subsection (h) of Section
				31-91-36 of
				the Regulations of Connecticut State Agencies, the board shall schedule cases
				in chronological order.
(d)
				Priority cases are cases involving terminations, suspensions of thirty (30)
				days or more, or layoffs. In these cases the board requests the parties to set
				a mutually acceptable date as soon as possible and notify the board of such
				date so a hearing date can be scheduled. Where the parties do not agree on a
				date, the board shall assign a date.
(e) Expedited cases are cases where the
				parties mutually request the expedited process before a panel or single
				arbitrator.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-25 - Notice of hearing

Current through July 10, 2024
The board shall provide notice of the date, time, and
				  location of the formal hearing no later than twenty-one (21) days prior to such
				  hearing.
Two cases a day may be scheduled for any employer and
				  employee organization having more than one case awaiting a hearing before the
				  board. Where two cases are scheduled they shall be cases between the employer
				  and the same bargaining unit. When letters are sent to the parties scheduling
				  hearings, two cases may be listed rather than one. Cases shall be heard in the
				  order listed.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-26 - Location of hearings

Current through July 10, 2024
(a) Arbitration
				hearings shall be scheduled in the labor department, 38 Wolcott Hill Road,
				Wethersfield, or at such other locations as may be designated by the
				board.
(b) The cost of hearing
				rooms for arbitrations held at locations other than the labor department at
				Wethersfield, shall be shared equally by the parties.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-27 - Postponements

Current through July 10, 2024
(a) Where the board has scheduled a case a
				party may within 15 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, (which must be at least three months but not longer than six
				months from the date of the postponement request), and
(3) notifying the case manager, who
				originally scheduled the case, 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 case manager
				within 15 days, the request for postponement shall proceed under the board's
				formal postponement policy set forth in subsection (c) of this
				section.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-28 - Appointment of the panel

Current through July 10, 2024
(a) The board shall
				be represented at arbitration proceedings by a tripartite panel of three of its
				members, unless the parties have jointly agreed that a single public member of
				the board shall represent the board.
(b) Whenever a tripartite panel is used, the
				employer and employee organization may each select their advocate member from
				the appropriate permanent advocate members of the board, who will represent
				their interests on the panel. If either party fails to designate its advocate
				arbitrator or the advocate arbitrator is unavailable, the board shall select an
				advocate arbitrator for that party in the following manner:
(1) One of the permanent advocate board
				members shall be designated, if one is available; or
(2) If neither permanent advocate board
				member is available, an alternate advocate board member shall be designated by
				the board.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-29 - Waiver of oral hearings

Current through July 10, 2024
The parties may provide, by written agreement, for the waiver
				  of oral hearings. If the parties are unable to agree as to the procedure, the
				  panel chairman shall specify a fair and equitable procedure. If the panel
				  assigned to hear the case feels that a hearing is necessary to make a full and
				  fair decision, it may order a hearing.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-30 - Stenographic records

Current through July 10, 2024
The board does not provide stenographic service during
				  arbitration hearings. If either or both parties feel it is necessary to have
				  their respective arbitration hearings recorded, they should make the necessary
				  arrangements with a private reporting service at their own expense. Whenever a
				  transcript is ordered by a party, three copies shall be sent to the board. In
				  single member proceedings, one copy shall be required.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-32 - Arbitration in the absence of a party

Current through July 10, 2024
An arbitration hearing may proceed in the absence of any
				  party, who, after due notice, fails to be present or fails to obtain a
				  postponement or adjournment. An award shall not be made solely on the default
				  of a party. The panel members shall require the appearing party to submit such
				  evidence as may be required for the making of an award.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-34 - Attendance at hearings; subpoenas

Current through July 10, 2024
(a) Persons having
				a direct interest in the arbitration proceedings are entitled to attend the
				hearings. It shall be discretionary with the chairman and subject to the
				agreement of all parties whether any other persons may attend.
(b) The subpoena power of the board may be
				used at the discretion of the panel only when it becomes evident that the panel
				will be unable to render a fair and just decision without the appearance of a
				material witness or pertinent records or documents.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-35 - Opening the hearing

Current through July 10, 2024
(a) Hearings shall
				open with the recording of the time, date and place of the hearing, the
				identity of the panel members present, the identity of parties and their
				representatives present.
(b) The
				parties shall present to the panel prior to proceeding with the merits of the
				case, a carefully worded statement of the issue or issues in dispute between
				them on which the board is requested to rule. Where the parties are unable to
				agree upon the issue or issues to be decided, the panel shall frame the issue
				or issues prior to proceeding on the merits of the case.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-36 - Order of proceedings

Current through July 10, 2024
(a) The party who
				has filed the grievance will normally proceed first with the presentation of
				evidence, except that the employer shall proceed first in disciplinary cases,
				and the panel shall have discretion to vary the normal procedure but shall
				afford full and equal opportunity to all parties for presentation of relevant
				evidence.
(b) Each party will be
				permitted to make an opening statement through its principal
				spokesperson.
(c) Each party will
				have a full opportunity to present relevant evidence and to cross-examine
				witnesses, subject to the rulings of the panel or single arbitrator.
(d) Each party's representative will have an
				opportunity to make a closing statement to the panel.
(e) Once a hearing has commenced, the panel
				may continue the hearing to a specific date:
(1) on its own initiative or,
(2) on the request of a party where the panel
				finds that good cause is shown.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-37 - Evidence

Current through July 10, 2024
(a) The parties may offer such evidence as
				they desire and shall produce such additional evidence as the panel members may
				deem necessary to an understanding and determination of the dispute. The panel
				members shall be the judge of the relevance and materiality of the evidence
				offered. Conformity to legal rules of evidence shall not be necessary. All
				evidence shall be taken in the presence of all panel members and both parties,
				except where any of the parties is absent, in default or has waived his right
				to be present.
(b) Documents,
				records and other pertinent data, when offered by either party, may be received
				in evidence by the panel. Written evidence must be submitted either in the
				original or proper copies thereof. The names and addresses of all witnesses and
				exhibits in order received shall be made a part of the case file and recorded
				on the official hearing forms supplied by the board. The panel shall not be
				required to return exhibits.
(c) In
				tripartite proceedings the parties shall be required to submit five copies of
				each exhibit to the chairman at the hearing: one copy for each of the three
				panel members; one copy for the other party; and one copy for the case file. In
				proceedings before a single arbitrator, three copies of each exhibit must be
				submitted.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-38 - Witnesses

Current through July 10, 2024
(a) All witnesses shall be sworn. The
				chairman of the panel shall administer the following oath to all witnesses:
				"You solemnly swear that the evidence you shall give, concerning the case now
				in question, shall be the truth, the whole truth and nothing but the truth, so
				help you God." When any person, required to take an oath, from scruples of
				conscience declines to take it in the usual form or when the chairman is
				satisfied that any person called as a witness does not believe in the existence
				of a supreme being, a solemn affirmation may be administered to him in the form
				of the oath prescribed, except that instead of the word "swear" the words
				"solemnly and sincerely affirm and declare" shall be used and instead of the
				words "so help you God" the words"upon the pains and penalties of perjury or
				false statement" shall be used. The parties shall be advised that all sworn
				testimony is subject to the Connecticut Statutes on perjury.
(b) All witnesses called shall be subject to
				cross examination by the other party's chief spokesperson.
(c) The panel members may question witnesses
				at any point in the hearing.
(d)
				The chairman of the panel shall have the power to require the retirement of any
				witness or witnesses during the testimony of other witnesses, and a request by
				either party that a witness or witnesses be so retired may be granted if any
				possibility exists that denial of such a request could affect the testimony of
				the witnesses provided the following persons shall not be so retired:
(1) Persons who are a direct party in
				interest; except that if such person is to be a witness, such person shall be
				first to present testimony;
(2) The
				principal spokesperson for a party; or
(3) Persons whose duty it is to assist the
				principal spokesperson in preparing the case.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-39 - Evidence by affidavit and filing of documents

Current through July 10, 2024
(a) The
				panel members may receive and consider the evidence of witnesses by affidavit,
				but shall only give it such weight as deemed proper after consideration of any
				objection made to its admission.
(b) All documents not filed with the panel at
				the hearing, but which are arranged at the hearing or subsequently by agreement
				of the parties to be submitted, shall be filed with the board for transmission
				to the panel. All parties shall be afforded opportunity to examine such
				documents.
Connecticut Administrative Code › Title 31 - Labor › 91 - Rules of Procedure › Rules of Procedure for Grievance Arbitration › Section 31-91-40 - Inspection

Current through July 10, 2024
Whenever the panel judges it necessary, an on site inspection
				  may be made of the premises in connection with the subject matter of the
				  dispute, after written notice to the parties, who may be present at such
				  inspection.