General Assembly Raised Bill No. 5066
February Session, 2014 LCO No. 536
*00536_______LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
General Assembly
Raised Bill No. 5066
February Session, 2014
LCO No. 536
*00536_______LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING CERTAIN WORKERS' RIGHTS TO COLLECTIVELY BARGAIN.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (c) of section 10-153b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(c) The employees in either unit defined in this section may designate any organization of certified professional employees to represent them in negotiations with respect to salaries, hours and other conditions of employment with the local or regional board of education which employs them by filing, during the period between March first and March thirty-first of any school year, with the local or regional board of education, or in the case of a state charter school, as defined in section 10-66aa, the State Board of Education, a petition which requests recognition of such organization for purposes of negotiation under this section and sections 10-153c to 10-153n, inclusive, and is signed by a majority of the employees in such unit. Where a new school district is formed as the result of the creation of a regional school district, a petition for designation shall also be considered timely if it is filed at any time from the date when such regional school district is approved pursuant to section 10-45 through the first school year of operation of any such school district. Where a new school district is formed as a result of the dissolution of a regional school district, a petition for designation shall also be considered timely if it is filed at any time from the date of the election of a board of education for such school district through the first year of operation of any such school district. Within three school days next following the receipt of such petition, such [board] local or regional board of education shall post a notice of such request for recognition and mail a copy thereof to the commissioner, except that if such petition is filed by the employees of a state charter school, the State Board of Education shall post a notice of such request for recognition and mail a copy thereof to the commissioner and the governing council of such charter school. Such notice shall state the name of the organization designated by the petitioners, the unit to be represented and the date of receipt of such petition by the [board] local or regional board of education or the State Board of Education. If no petition which requests a representation election and is signed by twenty per cent of the employees in such unit is filed in accordance with the provisions of subsection (d) of this section, with the commissioner within the thirty days next following the date on which the local or regional board of education or the State Board of Education posts notice of the designation petition, such [board] local or regional board of education, or in the case of a state charter school, the governing council of such school, shall recognize the designated organization as the exclusive representative of the employees in such unit for a period of one year or until a representation election has been held for such unit pursuant to this section and section 10-153c, whichever occurs later. If a petition complying with the provisions of subsection (d) of this section is filed within such period of thirty days, the local or regional board of education, or in the case of a state charter school, the governing council of such school, shall not recognize any organization so designated until an election has been held pursuant to said sections to determine which organization shall represent such unit.
Sec. 2. Subsection (g) of section 45a-8a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(g) Each administrative judge for a regional children's probate court may, with the approval of the Probate Court Administrator, employ such persons as may be required for the efficient operation of the regional children's probate court. Such employees shall be employees of the regional children's probate court and shall be entitled to the benefits of probate court employees under this chapter. Such employees shall not be deemed to be state employees except for purposes of chapter 68.
Sec. 3. Section 45a-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
Probate Court employees shall not be deemed state employees [and shall serve at the pleasure of the judge of the court of probate in which they are employed] except for purposes of chapter 68.
Sec. 4. Subdivisions (6) and (7) of section 31-101 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
(6) "Employee" includes, but shall not be restricted to, any individual employed by a labor organization, any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, and shall not be limited to the employees of a particular employer; but shall not include any individual employed by his parent or spouse or in the domestic service of any person in his home [,] or any individual employed only for the duration of a labor dispute; [or any individual employed as an agricultural worker;]
(7) "Employer" means any person acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include [any person engaged in farming, or] any person subject to the provisions of the National Labor Relations Act, unless the National Labor Relations Board has declined to assert jurisdiction over such person, or any person subject to the provisions of the Federal Railway Labor Act, or the state or any political or civil subdivision thereof or any religious agency or corporation, or any labor organization, except when acting as an employer, or any one acting as an officer or agent of such labor organization. An employer licensed by the Department of Public Health under section 19a-490 shall be subject to the provisions of this chapter with respect to all its employees except those licensed under chapters 370 and 379, unless such employer is the state or any political subdivision thereof;
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2014 10-153b(c)
Sec. 2 October 1, 2014 45a-8a(g)
Sec. 3 October 1, 2014 45a-21
Sec. 4 October 1, 2014 31-101(6) and (7)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2014
10-153b(c)
Sec. 2
October 1, 2014
45a-8a(g)
Sec. 3
October 1, 2014
45a-21
Sec. 4
October 1, 2014
31-101(6) and (7)
Statement of Purpose:
To clarify the process by which certain workers may collectively bargain.
[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.]