General Assembly Raised Bill No. 5403
February Session, 2012 LCO No. 1306
*01306_______LAB*
Referred to Committee on Labor and Public Employees
Introduced by:
(LAB)
General Assembly
Raised Bill No. 5403
February Session, 2012
LCO No. 1306
*01306_______LAB*
Referred to Committee on Labor and Public Employees
Introduced by:
(LAB)
AN ACT PROHIBITING LOBBYING BY STATE EMPLOYEES ON STATE TIME.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 5-272 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) Employers or their representatives or agents are prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 5-271 including a lockout; (2) dominating or interfering with the formation, existence or administration of any employee organization; (3) discharging or otherwise discriminating against an employee because he has signed or filed any affidavit, petition or complaint or given any information or testimony under sections 5-270 to 5-280, inclusive; (4) refusing to bargain collectively in good faith with an employee organization which has been designated in accordance with the provisions of said sections as the exclusive representative of employees in an appropriate unit; including but not limited to refusing to discuss grievances with such exclusive representative; (5) discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization; (6) refusing to reduce a collective bargaining agreement to writing and to sign such agreement; (7) violating any of the rules and regulations established by the board regulating the conduct of representation elections.
(b) Employee organizations or their agents are prohibited from: (1) Restraining or coercing employees in the exercise of the rights guaranteed in subsection (a) of section 5-271; (2) restraining or coercing an employer in the selection of his representative for purposes of collective bargaining or the adjustment of grievances; (3) refusing to bargain collectively in good faith, with an employer, if it has been designated in accordance with the provisions of sections 5-270 to 5-280, inclusive, as the exclusive representative of employees in an appropriate unit; (4) breaching their duty of fair representation pursuant to section 5-271; (5) violating any of the rules and regulations established by the board regulating the conduct of representation elections; [or] (6) refusing to reduce a collective bargaining agreement to writing and sign such agreement; or (7) if the agent is an employee of an employer, as defined in section 5-270, engaging in lobbying, as defined in section 1-91, while on duty with the employer or within any period of time during which such employee is expected to perform services for which he or she receives compensation from the employer unless such employee elects to use his or her accumulated compensatory, personal or vacation leave.
(c) For the purposes of sections 5-270 to 5-280, inclusive, to bargain collectively is the performance of the mutual obligation of the employer or his designated representatives and the representative of the employees to meet at reasonable times, including meetings appropriately related to the budget-making process, and bargain in good faith with respect to wages, hours and other conditions of employment, except as provided in subsection (d) of this section, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation shall not compel either party to agree to a proposal or require the making of a concession.
(d) Nothing [herein] in this section shall diminish the authority and power of the Employees' Review Board, the Department of Administrative Services or any state agency established by statute, charter or special act to establish, conduct and grade merit examinations and to rate candidates in order of their relative excellence from which appointments or promotions may be made to positions in the competitive division of the classified service of the state served by the Department of Administrative Services. The establishment, conduct and grading of merit examinations, the rating of candidates and the establishment of lists from such examinations and the appointments from such lists shall not be subject to collective bargaining.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 5-272
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
5-272
Statement of Purpose:
To prevent union representatives who are also state employees from engaging in lobbying during the period of time they are being paid to perform services for the state.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]