General Assembly Committee Bill No. 6209
January Session, 2017 LCO No. 4061
*04061HB06209LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
General Assembly
Committee Bill No. 6209
January Session, 2017
LCO No. 4061
*04061HB06209LAB*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING UNION STEWARDS AND COMPENSATION FROM THE STATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 5-271 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) (1) Employees shall have, and shall be protected in the exercise of the right of self-organization, to form, join or assist any employee organization, to bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employment, except as provided in subdivision (2) of this subsection and subsection (d) of section 5-272, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion.
(2) Questions of wages, hours and other conditions of employment shall not include conducting business related to the employee organization 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. The provisions of this subdivision shall not be superseded by the terms of any agreement or arbitration award pursuant to subsection (b) or (e) of section 5-278, as amended by this act.
(b) When an employee organization has been designated by the State Board of Labor Relations as the representative of the majority of employees in an appropriate unit, that employee organization shall be recognized by the employer as the exclusive bargaining agent for the employees of such unit.
(c) When an employee organization has been designated in accordance with the provisions of this chapter as the exclusive representative of employees in an appropriate unit, it shall have the right to act for and to negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership.
(d) When an employee organization has been designated, in accordance with the provisions of this chapter, as the exclusive representative of employees in an appropriate unit, it shall have a duty of fair representation to the members of that unit.
(e) An individual employee at any time may present a grievance to his employer and have the grievance adjusted, without intervention of an employee organization, provided the adjustment shall not be inconsistent with the terms of a collective bargaining agreement then in effect. The employee organization designated as the exclusive representative shall be given prior notice of the grievance and shall be informed of the terms of the settlement.
(f) The employer and such employee organization as has been designated as exclusive representative of employees in an appropriate unit, through appropriate officials or their representatives, shall have the duty to bargain collectively. This duty extends to the obligation to bargain collectively as set forth in subsection (c) of section 5-272.
Sec. 2. Subsection (e) of section 5-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(e) (1) Where there is a conflict between any agreement or arbitration award approved in accordance with the provisions of sections 5-270 to 5-280, inclusive, on matters appropriate to collective bargaining, as defined in said sections, and any general statute or special act, or regulations adopted by any state agency, the terms of such agreement or arbitration award shall prevail; provided if participation of any employees in a retirement system is effected by such agreement or arbitration award, the effective date of participation in said system, notwithstanding any contrary provision in such agreement or arbitration award, shall be the first day of the third month following the month in which a certified copy of such agreement or arbitration award is received by the Retirement Commission or such later date as may be specified in the agreement or arbitration award.
(2) Notwithstanding the provisions of subdivision (1) of this subsection or subsection (b) of this section, the provisions of subdivision (2) of subsection (a) of section 5-271, as amended by this act, shall not be superseded by the terms of any agreement or arbitration award.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 5-271
Sec. 2 October 1, 2017 5-278(e)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
5-271
Sec. 2
October 1, 2017
5-278(e)
Statement of Purpose:
To prohibit the use of state funds to compensate union stewards for work performed on state time.
[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.]
Co-Sponsors: REP. KLARIDES, 114th Dist.; REP. CANDELORA, 86th Dist. REP. HOYDICK, 120th Dist.; REP. O'DEA, 125th Dist. REP. O'NEILL, 69th Dist.; REP. GREEN, 55th Dist. REP. SRINIVASAN, 31st Dist.; REP. D'AMELIO, 71st Dist.
Co-Sponsors:
REP. KLARIDES, 114th Dist.; REP. CANDELORA, 86th Dist.
REP. HOYDICK, 120th Dist.; REP. O'DEA, 125th Dist.
REP. O'NEILL, 69th Dist.; REP. GREEN, 55th Dist.
REP. SRINIVASAN, 31st Dist.; REP. D'AMELIO, 71st Dist.
H.B. 6209