| 4 | 4 | | HB.docx |
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| 5 | 5 | | 1 of 2 |
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| 6 | 6 | | |
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| 7 | 7 | | General Assembly Substitute Bill No. 7255 |
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| 8 | 8 | | January Session, 2019 |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING PU BLIC INSTITUTIONS OF HIGHER |
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| 13 | 13 | | EDUCATION AND COLLEC TIVE BARGAINING AGREEMENT S. |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General |
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| 15 | 15 | | Assembly convened: |
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| 16 | 16 | | |
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| 17 | 17 | | Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1 |
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| 18 | 18 | | section: 2 |
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| 19 | 19 | | (1) "Labor organization" means any organization which exists and is 3 |
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| 20 | 20 | | constituted for the purpose, in whole or in part, of collective 4 |
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| 21 | 21 | | bargaining, or of dealing with employers concerning grievances, terms 5 |
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| 22 | 22 | | or conditions of employment, or other mutual aid or protection; and 6 |
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| 23 | 23 | | (2) "Public institution of higher education" means the constituent 7 |
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| 24 | 24 | | units of the state system of higher education identified in subdivisions 8 |
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| 25 | 25 | | (1) and (2) of section 10a-1 of the general statutes. 9 |
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| 26 | 26 | | (b) No collective bargaining agreement entered into on and after the 10 |
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| 27 | 27 | | effective date of this section between a public institution of higher 11 |
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| 28 | 28 | | education and a labor organization shall contain any provision (1) 12 |
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| 29 | 29 | | prohibiting an employee covered under the collective bargaining 13 |
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| 30 | 30 | | agreement from filing a civil or administrative action alleging 14 |
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| 31 | 31 | | discrimination or retaliation for the exercise of any right afforded to 15 |
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| 32 | 32 | | such employee pursuant to any state or federal law, or (2) limiting in 16 |
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| 33 | 33 | | any way an employee's right to arbitrate a claim alleging such 17 |
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| 34 | 34 | | discrimination or retaliation under the collective bargaining 18 |
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| 35 | 35 | | agreement. 19 Substitute Bill No. 7255 |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07255- |
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| 40 | 40 | | 2 of 2 |
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| 41 | 41 | | |
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| 42 | 42 | | (c) Any employee aggrieved by a violation of subsection (b) of this 20 |
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| 43 | 43 | | section may file a complaint with the Labor Commissioner alleging a 21 |
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| 44 | 44 | | violation of the provisions of said subsection. Upon receipt of any such 22 |
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| 45 | 45 | | complaint, the commissioner may hold a hearing. After the hearing, 23 |
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| 46 | 46 | | the commissioner shall send each party a written copy of the 24 |
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| 47 | 47 | | commissioner's decision. The commissioner may award the employee 25 |
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| 48 | 48 | | all appropriate relief, including rehiring or reinstatement to the 26 |
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| 49 | 49 | | employee's previous job, payment of back wages and reestablishment 27 |
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| 50 | 50 | | of employee benefits to which the employee otherwise would have 28 |
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| 51 | 51 | | been eligible if a violation of said subsection had not occurred. Any 29 |
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| 52 | 52 | | party aggrieved by the decision of the commissioner may appeal the 30 |
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| 53 | 53 | | decision to the Superior Court in accordance with the provisions of 31 |
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| 54 | 54 | | chapter 54 of the general statutes. 32 |
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| 55 | 55 | | This act shall take effect as follows and shall amend the following |
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| 56 | 56 | | sections: |
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| 57 | 57 | | |
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| 58 | 58 | | Section 1 October 1, 2019 New section |
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| 59 | 59 | | |
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