LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07255-R02- HB.docx 1 of 2 General Assembly Substitute Bill No. 7255 January Session, 2019 AN ACT CONCERNING PU BLIC INSTITUTIONS OF HIGHER EDUCATION AND COLLEC TIVE BARGAINING AGREEMENT S. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1 section: 2 (1) "Labor organization" means any organization which exists and is 3 constituted for the purpose, in whole or in part, of collective 4 bargaining, or of dealing with employers concerning grievances, terms 5 or conditions of employment, or other mutual aid or protection; and 6 (2) "Public institution of higher education" means the constituent 7 units of the state system of higher education identified in subdivisions 8 (1) and (2) of section 10a-1 of the general statutes. 9 (b) No collective bargaining agreement entered into on and after the 10 effective date of this section between a public institution of higher 11 education and a labor organization shall contain any provision (1) 12 prohibiting an employee covered under the collective bargaining 13 agreement from filing a civil or administrative action alleging 14 discrimination or retaliation for the exercise of any right afforded to 15 such employee pursuant to any state or federal law, or (2) limiting in 16 any way an employee's right to arbitrate a claim alleging such 17 discrimination or retaliation under the collective bargaining 18 agreement. 19 Substitute Bill No. 7255 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07255- R02-HB.docx } 2 of 2 (c) Any employee aggrieved by a violation of subsection (b) of this 20 section may file a complaint with the Labor Commissioner alleging a 21 violation of the provisions of said subsection. Upon receipt of any such 22 complaint, the commissioner may hold a hearing. After the hearing, 23 the commissioner shall send each party a written copy of the 24 commissioner's decision. The commissioner may award the employee 25 all appropriate relief, including rehiring or reinstatement to the 26 employee's previous job, payment of back wages and reestablishment 27 of employee benefits to which the employee otherwise would have 28 been eligible if a violation of said subsection had not occurred. Any 29 party aggrieved by the decision of the commissioner may appeal the 30 decision to the Superior Court in accordance with the provisions of 31 chapter 54 of the general statutes. 32 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 New section HED Joint Favorable Subst. -LCO APP Joint Favorable