Connecticut 2023 Regular Session

Connecticut Senate Bill SB00912 Compare Versions

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Version 2 (New)

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7	5		General Assembly Raised Bill No. 912
8	6		January Session, 2023
9	7		LCO No. 3252
10	8
11	9
12		-	Referred to Committee on LABOR AND PUBLIC
13		-	EMPLOYEES
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
14	11
15	12
16	13		Introduced by:
17	14		(LAB)
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21	19		AN ACT CONCERNING THE STATUS OF PROBATE COURT SYSTEM
22	20		EMPLOYEES.
23	21		Be it enacted by the Senate and House of Representatives in General
24	22		Assembly convened:
25	23
26	24		Section 1. Subsection (g) of section 45a-8a of the general statutes is 1
27		-	repealed and the following is substituted in lieu thereof (Effective 2
28		-	~~October~~ 1, 2023): 3
29		-	(g) Each administrative judge for a Regional Children's Probate 4
30		-	~~Court~~ may, if authorized by the Probate Court Budget Committee 5
31		-	~~under~~ section 45a-85, employ such persons as may be required for the 6
32		-	~~efficient~~ operation of the Regional Children's Probate Court. Such 7
33		-	~~employees~~ shall be employees of the Regional Children's Probate 8
34		-	~~Court and shall~~ be entitled to the benefits of Probate Court employees 9
35		-	~~under this~~ chapter. Such employees shall not be deemed to be state 10
36		-	~~employees,~~ except for purposes of chapter 68. 11
	25	+	repealed and the following is substituted in lieu thereof (Effective October 2
	26	+	1, 2023): 3
	27	+	(g) Each administrative judge for a Regional Children's Probate Court 4
	28	+	may, if authorized by the Probate Court Budget Committee under 5
	29	+	section 45a-85, employ such persons as may be required for the efficient 6
	30	+	operation of the Regional Children's Probate Court. Such employees 7
	31	+	shall be employees of the Regional Children's Probate Court and shall 8
	32	+	be entitled to the benefits of Probate Court employees under this 9
	33	+	chapter. Such employees shall not be deemed to be state employees, 10
	34	+	except for purposes of chapter 68. 11
37	35		Sec. 2. Section 45a-21 of the general statutes is repealed and the 12
38		-	following is substituted in lieu thereof (Effective October 1, 2023): 13 Raised Bill No. 912
	36	+	following is substituted in lieu thereof (Effective October 1, 2023): 13
	37	+	(a) Except as provided in subsection (b) of this section, Probate Court 14 Raised Bill No. 912
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45		-	(a) Except as provided in subsection (b) of this section, Probate 14
46		-	Court employees shall not be deemed state employees and shall serve 15
47		-	at the pleasure of the judge of the court of probate in which they are 16
48		-	employed. 17
49		-	(b) On and after October 1, 2023, Probate Court employees shall be 18
50		-	deemed state employees for the purpose of chapter 68 and shall have 19
51		-	the right to bargain collectively and shall have such other rights and 20
52		-	obligations incident thereto as are created by chapter 68. Should such 21
53		-	employees choose not to bargain collectively, such employees shall 22
54		-	remain at-will employees in accordance with subsection (a) of this 23
55		-	section. 24
56		-	Sec. 3. Subsection (a) of section 5-270 of the general statutes is 25
57		-	repealed and the following is substituted in lieu thereof (Effective 26
58		-	October 1, 2023): 27
59		-	(a) "Employer" means the state of Connecticut, its executive and 28
60		-	judicial branches, including, without limitation, any board, 29
61		-	department, commission, institution, or agency of such branches or 30
62		-	any appropriate unit thereof and any board of trustees of a state-31
63		-	owned or supported college or university and branches thereof, public 32
64		-	and quasi-public state corporation, or authority established by state 33
65		-	law, the Probate Courts or any person or persons designated by the 34
66		-	employer to act in its interest in dealing with employees, but shall not 35
67		-	include the State Board of Labor Relations or the State Board of 36
68		-	Mediation and Arbitration. 37
69		-	Sec. 4. Subsection (a) of section 5-278 of the general statutes is 38
70		-	repealed and the following is substituted in lieu thereof (Effective 39
71		-	October 1, 2023): 40
72		-	(a) When an employee organization has been designated, in 41
73		-	accordance with the provisions of sections 5-270 to 5-280, inclusive, as 42
74		-	amended by this act, as the exclusive representative of employees in an 43
75		-	appropriate unit, the employer shall be represented in collective 44 Raised Bill No. 912
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	43	+	employees shall not be deemed state employees and shall serve at the 15
	44	+	pleasure of the judge of the court of probate in which they are employed. 16
	45	+	(b) On and after October 1, 2023, Probate Court employees shall be 17
	46	+	deemed state employees for the purpose of chapter 68 and shall have 18
	47	+	the right to bargain collectively and shall have such other rights and 19
	48	+	obligations incident thereto as are created by chapter 68. Should such 20
	49	+	employees choose not to bargain collectively, such employees shall 21
	50	+	remain at-will employees in accordance with subsection (a) of this 22
	51	+	section. 23
	52	+	Sec. 3. Subsection (a) of section 5-270 of the general statutes is 24
	53	+	repealed and the following is substituted in lieu thereof (Effective October 25
	54	+	1, 2023): 26
	55	+	(a) "Employer" means the state of Connecticut, its executive and 27
	56	+	judicial branches, including, without limitation, any board, department, 28
	57	+	commission, institution, or agency of such branches or any appropriate 29
	58	+	unit thereof and any board of trustees of a state-owned or supported 30
	59	+	college or university and branches thereof, public and quasi-public state 31
	60	+	corporation, or authority established by state law, the Probate Courts or 32
	61	+	any person or persons designated by the employer to act in its interest 33
	62	+	in dealing with employees, but shall not include the State Board of Labor 34
	63	+	Relations or the State Board of Mediation and Arbitration. 35
	64	+	Sec. 4. Subsection (a) of section 5-278 of the general statutes is 36
	65	+	repealed and the following is substituted in lieu thereof (Effective October 37
	66	+	1, 2023): 38
	67	+	(a) When an employee organization has been designated, in 39
	68	+	accordance with the provisions of sections 5-270 to 5-280, inclusive, as 40
	69	+	amended by this act, as the exclusive representative of employees in an 41
	70	+	appropriate unit, the employer shall be represented in collective 42
	71	+	bargaining with such employee organization in the following manner: 43
	72	+	(1) In the case of an executive branch employer, including the Division 44
	73	+	of Criminal Justice, by the chief executive officer whether elected or 45
	74	+	appointed, or [his] the chief executive officer's designated 46 Raised Bill No. 912
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82		-	bargaining with such employee organization in the following manner: 45
83		-	(1) In the case of an executive branch employer, including the Division 46
84		-	of Criminal Justice, by the chief executive officer whether elected or 47
85		-	appointed, or [his] the chief executive officer's designated 48
86		-	representative; who shall maintain a close liaison with the legislature 49
87		-	relative to the negotiations and the potential fiscal ramifications of any 50
88		-	proposed settlement; (2) in the case of a judicial branch employer, by 51
89		-	the Chief Court Administrator or [his] the Chief Court Administrator's 52
90		-	designated representative; [and] (3) in the case of each segment of the 53
91		-	system of higher education, the faculty and professional employees 54
92		-	shall negotiate with their own board of trustees or its designated 55
93		-	representative; and (4) in the case of a Probate Court employer, by the 56
94		-	Probate Court Administrator or the Probate Court Administrator's 57
95		-	designated representative. 58
96		-	Sec. 5. Subsection (b) of section 5-275 of the general statutes is 59
97		-	repealed and the following is substituted in lieu thereof (Effective 60
98		-	October 1, 2023): 61
99		-	(b) The board shall determine the appropriateness of a unit which 62
100		-	shall be the public employer unit or a subdivision thereof. In 63
101		-	determining the appropriateness of the unit, the board shall: (1) Take 64
102		-	into consideration, but shall not limit consideration to, the following: 65
103		-	(A) Public employees must have an identifiable community of interest, 66
104		-	and (B) the effects of overfragmentation; (2) not decide that any unit is 67
105		-	appropriate if (A) such unit includes both professional and 68
106		-	nonprofessional employees, unless a majority of such professional 69
107		-	employees vote for inclusion in such unit, or (B) such unit includes 70
108		-	both Department of Correction employees at or above the level of 71
109		-	lieutenant and Department of Correction employees below the level of 72
110		-	lieutenant; (3) take into consideration that when the state is the 73
111		-	employer, it will be bargaining on a state-wide basis unless issues 74
112		-	involve working conditions peculiar to a given governmental 75
113		-	employment locale; (4) permit the faculties of (A) The University of 76
114		-	Connecticut, (B) the Connecticut State University System, and (C) the 77 Raised Bill No. 912
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	80	+	representative; who shall maintain a close liaison with the legislature 47
	81	+	relative to the negotiations and the potential fiscal ramifications of any 48
	82	+	proposed settlement; (2) in the case of a judicial branch employer, by the 49
	83	+	Chief Court Administrator or [his] the Chief Court Administrator's 50
	84	+	designated representative; [and] (3) in the case of each segment of the 51
	85	+	system of higher education, the faculty and professional employees 52
	86	+	shall negotiate with their own board of trustees or its designated 53
	87	+	representative; and (4) in the case of a Probate Court employer, by the 54
	88	+	Probate Court Administrator or the Probate Court Administrator's 55
	89	+	designated representative. 56
	90	+	Sec. 5. Subsection (b) of section 5-275 of the general statutes is 57
	91	+	repealed and the following is substituted in lieu thereof (Effective October 58
	92	+	1, 2023): 59
	93	+	(b) The board shall determine the appropriateness of a unit which 60
	94	+	shall be the public employer unit or a subdivision thereof. In 61
	95	+	determining the appropriateness of the unit, the board shall: (1) Take 62
	96	+	into consideration, but shall not limit consideration to, the following: 63
	97	+	(A) Public employees must have an identifiable community of interest, 64
	98	+	and (B) the effects of overfragmentation; (2) not decide that any unit is 65
	99	+	appropriate if (A) such unit includes both professional and 66
	100	+	nonprofessional employees, unless a majority of such professional 67
	101	+	employees vote for inclusion in such unit, or (B) such unit includes both 68
	102	+	Department of Correction employees at or above the level of lieutenant 69
	103	+	and Department of Correction employees below the level of lieutenant; 70
	104	+	(3) take into consideration that when the state is the employer, it will be 71
	105	+	bargaining on a state-wide basis unless issues involve working 72
	106	+	conditions peculiar to a given governmental employment locale; (4) 73
	107	+	permit the faculties of (A) The University of Connecticut, (B) the 74
	108	+	Connecticut State University System, and (C) the Technical Education 75
	109	+	and Career System to each comprise a separate unit, which in each case 76
	110	+	shall have the right to bargain collectively with their respective boards 77
	111	+	of trustees or their designated representatives; [and] (5) permit the 78
	112	+	community college faculty and the technical college faculty as they 79
	113	+	existed prior to July 1, 1992, to continue to comprise separate units, 80 Raised Bill No. 912
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121		-	Technical Education and Career System to each comprise a separate 78
122		-	unit, which in each case shall have the right to bargain collectively 79
123		-	with their respective boards of trustees or their designated 80
124		-	representatives; [and] (5) permit the community college faculty and the 81
125		-	technical college faculty as they existed prior to July 1, 1992, to 82
126		-	continue to comprise separate units, which in each case shall have the 83
127		-	right to bargain collectively with its board of trustees or its designated 84
128		-	representative, [. Nonfaculty] provided nonfaculty professional staff of 85
129		-	[the above] such institutions may by mutual agreement be included in 86
130		-	such bargaining units, or they may form a separate bargaining unit of 87
131		-	their own; and (6) permit employees of the Probate Court to form not 88
132		-	more than two separate bargaining units, one nonprofessional and one 89
133		-	professional. This section shall not be deemed to prohibit multiunit 90
134		-	bargaining. 91
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	119	+	which in each case shall have the right to bargain collectively with its 81
	120	+	board of trustees or its designated representative, [. Nonfaculty] 82
	121	+	provided nonfaculty professional staff of [the above] such institutions 83
	122	+	may by mutual agreement be included in such bargaining units, or they 84
	123	+	may form a separate bargaining unit of their own; and (6) permit 85
	124	+	employees of the Probate Court to form not more than two separate 86
	125	+	bargaining units, one nonprofessional and one professional. This section 87
	126	+	shall not be deemed to prohibit multiunit bargaining. 88
135	127		This act shall take effect as follows and shall amend the following
136	128		sections:
137	129
138	130		Section 1 October 1, 2023 45a-8a(g)
139	131		Sec. 2 October 1, 2023 45a-21
140	132		Sec. 3 October 1, 2023 5-270(a)
141	133		Sec. 4 October 1, 2023 5-278(a)
142	134		Sec. 5 October 1, 2023 5-275(b)
143	135
144		-	LAB Joint Favorable
	136	+	Statement of Purpose:
	137	+	To allow Probate Court employees to be recognized as state employees
	138	+	for the purpose of collective bargaining.
	139	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	140	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	141	+	underlined.]
145	142