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General Assembly Raised Bill No. 1486
January Session, 2025
LCO No. 5890
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING TEMPORARY STATE EMPLOYEES AND
COLLECTIVE BARGAINING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 5-270 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
[When] As used in sections 5-270 to 5-280, inclusive, as amended by 3
this act, section 31-40bb, as amended by this act, and section 2 of this act: 4
[(a)] (1) "Employer" means the state of Connecticut, its executive and 5
judicial branches, including, without limitation, any board, department, 6
commission, institution, or agency of such branches or any appropriate 7
unit thereof and any board of trustees of a state-owned or supported 8
college or university and branches thereof, public and quasi-public state 9
corporation, or authority established by state law, or any person or 10
persons designated by the employer to act in its interest in dealing with 11
employees, but shall not include the State Board of Labor Relations or 12
the State Board of Mediation and Arbitration; [.] 13
[(b)] (2) "Employee" means any employee of an employer, whether or 14
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not in the classified service of the employer, except elected or appointed 15
officials other than special deputy sheriffs, board and commission 16
members, disability policy specialists assigned to the Council on 17
Developmental Disabilities, managerial employees and confidential 18
employees; [.] 19
[(c)] (3) "Professional employee" means: [(1)] (A) Any employee 20
engaged in work [(A)] (i) predominantly intellectual and varied in 21
character as opposed to routine mental, manual, mechanical or physical 22
work; [(B)] (ii) involving the consistent exercise of discretion and 23
judgment in its performance; [(C)] (iii) of such a character that the 24
output produced or the result accomplished cannot be standardized in 25
relation to a given time period; [(D)] or (iv) requiring knowledge of an 26
advanced type in a field of science or learning customarily acquired by 27
a prolonged course of specialized intellectual instruction and study in 28
an institution of higher learning or a hospital, as distinguished from a 29
general academic education or from an apprenticeship or from training 30
in the performance of routine mental, manual or physical processes; or 31
[(2)] (B) any employee who has completed the courses of specialized 32
intellectual instruction and study described in [subsection (c)(1)(D)] 33
subparagraph (A)(iv) of this subdivision and is performing related work 34
under the supervision of a professional person to qualify himself to 35
become a professional employee as defined in [subsection (c)(1)] 36
subparagraph (A) of this subdivision; [.] 37
[(d)] (4) "Employee organization" means any lawful association, labor 38
organization, federation or council having as a primary purpose the 39
improvement of wages, hours and other conditions of employment 40
among state employees; [.] 41
[(e)] (5) "Confidential employee" means any public employee who 42
would have access to confidential information used in collective 43
bargaining; [.] 44
[(f)] (6) "Supervisory employee" means any individual in a position 45
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in which the principal functions are characterized by not fewer than two 46
of the following: [(1)] (A) Performing such management control duties 47
as scheduling, assigning, overseeing and reviewing the work of 48
subordinate employees; [(2)] (B) performing such duties as are distinct 49
and dissimilar from those performed by the employees supervised; [(3)] 50
(C) exercising judgment in adjusting grievances, applying other 51
established personnel policies and procedures and in enforcing the 52
provisions of a collective bargaining agreement; and [(4)] (D) 53
establishing or participating in the establishment of performance 54
standards for subordinate employees and taking corrective measures to 55
implement those standards, provided in connection with any of the 56
foregoing the exercise of such authority is not merely of a routine or 57
clerical nature, but requires the use of independent judgment, and such 58
individuals shall be employees within the meaning of [subsection (b)] 59
subdivision (2) of this section. The above criteria for supervisory 60
positions shall not necessarily apply to police or fire departments; [.] 61
[(g)] (7) "Managerial employee" means any individual in a position in 62
which the principal functions are characterized by not fewer than two 63
of the following, provided for any position in any unit of the system of 64
higher education, one of such two functions shall be as specified in 65
[subdivision (4) of this subsection] subparagraph (D) of this subdivision: 66
[(1)] (A) Responsibility for direction of a subunit or facility of a major 67
division of an agency or assignment to an agency head's staff; [(2)] (B) 68
development, implementation and evaluation of goals and objectives 69
consistent with agency mission and policy; [(3)] (C) participation in the 70
formulation of agency policy; or [(4)] (D) a major role in the 71
administration of collective bargaining agreements or major personnel 72
decisions, or both, including staffing, hiring, firing, evaluation, 73
promotion and training of employees; and 74
(8) "Temporary employee" means an individual who is hired for a 75
limited term and employed to perform the same or comparable work as 76
employees in permanent positions, including, but not limited to, a 77
casual employee, seasonal employee, periodic employee, extra help 78
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employee, relief employee or per diem employee. 79
Sec. 2. (NEW) (Effective from passage) (a) A temporary employee 80
whose classification as a temporary employee is not currently included 81
in a bargaining unit may, upon request of the exclusive representative 82
of such bargaining unit, be included in such bargaining unit for 83
purposes of collective bargaining. 84
(b) Upon the inclusion of a temporary employee or group of 85
temporary employees in a bargaining unit pursuant to subsection (a) of 86
this section, an employer shall promptly commence negotiations with 87
such bargaining unit's exclusive representative, in accordance with 88
section 5-276a of the general statutes, as amended by this act, to establish 89
wages, hours and terms and conditions of employment for such 90
temporary employees, including, but not limited to, negotiating 91
whether (1) a temporary employee who later obtains permanent 92
employment receives seniority or any other credit or benefit for the time 93
such employee was employed as a temporary employee, and (2) a 94
temporary employee receives preferential hiring over external 95
candidates for permanent positions in such bargaining unit. Any 96
agreement reached by such negotiations shall be added as an addendum 97
to such bargaining unit's current collective bargaining agreement. 98
Thereafter, any terms and conditions of employment of permanent and 99
temporary employees negotiated by the parties shall be included in any 100
successor collective bargaining agreement. 101
(c) Upon the hiring of a temporary employee by an employer, such 102
employer shall provide such temporary employee with (1) such 103
temporary employee's wage rates, eligibility for benefits and anticipated 104
length of employment, and (2) procedures describing how such 105
temporary employee may apply for a permanent position. Such 106
employer shall also provide such information to the exclusive 107
representative of the bargaining unit of such temporary employee. 108
(d) Nothing in this section shall be construed to require that the same 109
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terms and conditions of employment for permanent employees apply to 110
temporary employees. 111
Sec. 3. Subsection (a) of section 31-40bb of the general statutes is 112
repealed and the following is substituted in lieu thereof (Effective from 113
passage): 114
(a) Except as otherwise provided in this section, a public employer 115
shall provide an exclusive representative, in an editable digital file 116
format, and, if possible, in a format agreed to by the exclusive 117
representative, the following information if on file with the employer: 118
Name, job title, department, work location, work telephone number and 119
the home address of any newly hired employee. The public employer 120
shall provide [the] an exclusive representative such information, if 121
possible, with real-time electronic transmission of new hire data but in 122
no event later than ten days after such employee is hired or the first pay 123
period of the month following the hiring of such employee, whichever 124
is earlier. An employer, as defined in section 5-270, as amended by this 125
act, shall provide an exclusive representative with the anticipated end 126
date for a newly hired temporary employee or, for a temporary 127
employee whose employment has ended, the actual end date of such 128
temporary employee's employment. For purposes of this section, (1) 129
"public employer" means (A) "employer", as defined in section 5-270, as 130
amended by this act, (B) "municipal employer", as defined in section 7-131
467, and (C) local and regional boards of education, (2) "public employee 132
organization" means any lawful association, labor organization, 133
federation or council having as a primary purpose the improvement of 134
wages, hours and other conditions of employment among employees of 135
public employers, and (3) "exclusive representative" means the public 136
employee organization certified or recognized in accordance with state 137
law to be the exclusive bargaining representative of a public employer 138
bargaining unit. 139
Sec. 4. Subdivision (29) of section 5-196 of the general statutes is 140
repealed and the following is substituted in lieu thereof (Effective from 141
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passage): 142
(29) "Managerial employee" means any person presently covered by 143
the existing managerial compensation plan pursuant to [subsection (g)] 144
subdivision (7) of section 5-270, as amended by this act. 145
Sec. 5. Section 5-226f of the general statutes is repealed and the 146
following is substituted in lieu thereof (Effective from passage): 147
Notwithstanding the provisions of subsection (d) of section 5-272 the 148
employer, as defined in [subsection (a)] subdivision (1) of section 5-270, 149
as amended by this act, and an employee organization, as defined in 150
[subsection (d) of said] subdivision (4) of section 5-270, as amended by 151
this act, as the exclusive representative of employees in an appropriate 152
unit, may engage in a pilot program to discuss the state classifications 153
and examination system. Neither party may negotiate pursuant to the 154
provisions of section 5-276a, as amended by this act. Any agreement 155
reached by the parties shall be reduced to writing and submitted to the 156
General Assembly pursuant to the provisions of subsection (b) of section 157
5-278. 158
Sec. 6. Subsection (a) of section 5-248i of the general statutes is 159
repealed and the following is substituted in lieu thereof (Effective from 160
passage): 161
(a) The Commissioner of Administrative Services shall, within 162
available appropriations, develop and implement guidelines, in 163
cooperation with interested employee organizations, as defined in 164
[subsection (d)] subdivision (4) of section 5-270, as amended by this act, 165
authorizing telecommuting and work-at-home programs for state 166
employees. Such guidelines shall be designed to achieve the following 167
goals: (1) Increase worker efficiency and productivity; (2) benefit the 168
environment; and (3) reduce traffic congestion. The guidelines of the 169
telecommuting or work-at-home program and determination of 170
whether an employment position is appropriate for such program shall 171
not be subject to collective bargaining under the provisions of chapter 172
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68. 173
Sec. 7. Subsection (a) of section 5-276a of the general statutes is 174
repealed and the following is substituted in lieu thereof (Effective from 175
passage): 176
(a) In the event that either the employer, as defined in [subsection (a)] 177
subdivision (1) of section 5-270, as amended by this act, or a designated 178
employee organization, as defined in subsection (d) of said section, may 179
desire negotiations with respect to an original or successor collective 180
bargaining agreement, such party, not more than three hundred thirty 181
days prior to the expiration of the existing collective bargaining 182
agreement or less than one hundred fifty days prior thereto, shall serve 183
written notice thereof upon the other party. Negotiations shall 184
commence within thirty days of such service. Negotiations as to wage 185
reopeners shall commence within twenty days of receipt by one party 186
of a written notice with respect thereto, served in accordance with the 187
provisions of any such reopener in the affected contract or, if none is 188
stated therein, not more than sixty days or less than thirty days prior to 189
the effective date of such reopener. 190
Sec. 8. Subsection (b) of section 8-169jj of the general statutes is 191
repealed and the following is substituted in lieu thereof (Effective from 192
passage): 193
(b) For the purposes enumerated in subsection (a) of this section, the 194
authority is authorized and empowered to: 195
(1) Have perpetual succession as a body politic and corporate and to 196
adopt procedures for the regulation of its affairs and the conduct of its 197
business, as provided in section 8-169kk; 198
(2) Adopt a corporate seal and alter the same at pleasure; 199
(3) Maintain an office at such place or places as it may designate; 200
(4) Sue and be sued in its own name, plead and be impleaded; 201
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(5) Contract and be contracted with; 202
(6) (A) Employ such assistants, agents and other employees as may 203
be necessary or desirable to carry out its purposes, which employees 204
shall be exempt from the classified service and shall not be employees, 205
as defined in [subsection (b)] subdivision (2) of section 5-270, as 206
amended by this act; (B) establish all necessary or appropriate personnel 207
practices and policies, including those relating to hiring, promotion, 208
compensation, retirement and collective bargaining, which need not be 209
in accordance with chapter 68. For the purposes of this subdivision, the 210
authority shall not be an employer as defined in [subsection (a)] 211
subdivision (1) of section 5-270, as amended by this act, and for the 212
purposes of group welfare benefits and retirement, including, but not 213
limited to, those provided under chapter 66 and sections 5-257 and 5-214
259, the officers and all other employees of the authority shall be state 215
employees; and (C) engage consultants, attorneys and appraisers as may 216
be necessary or desirable to carry out its purposes in accordance with 217
sections 8-169ii to 8-169ss, inclusive; 218
(7) Acquire, lease, purchase, own, manage, hold and dispose of 219
personal property, and lease, convey or deal in or enter into agreements 220
with respect to such property on any terms necessary or incidental to 221
carrying out the purposes set forth in this section; 222
(8) Procure insurance against any liability or loss in connection with 223
its property and other assets, in such amounts and from such insurers 224
as it deems desirable and procure insurance for employees; 225
(9) Invest any funds not needed for immediate use or disbursement 226
in obligations issued or guaranteed by the United States or the state, 227
including the Short Term Investment Fund, and in other obligations that 228
are legal investments for savings banks in this state, and in-time 229
deposits or certificates of deposit or other similar banking arrangements 230
secured in such manner as the authority determines; 231
(10) Enter into such memoranda of agreement as the authority deems 232
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appropriate to carry out its responsibilities under this section; and 233
(11) Do all acts and things necessary or convenient to carry out the 234
purposes of, and the powers expressly granted by, this section. 235
Sec. 9. Subdivision (7) of section 9-601 of the general statutes is 236
repealed and the following is substituted in lieu thereof (Effective from 237
passage): 238
(7) "Organization" means all labor organizations, (A) as defined in the 239
Labor-Management Reporting and Disclosure Act of 1959, as from time 240
to time amended, or (B) as defined in subdivision (9) of section 31-101, 241
employee organizations as defined in [subsection (d)] subdivision (4) of 242
section 5-270, as amended by this act, and subdivision (6) of section 7-243
467, bargaining representative organizations for teachers, any local, 244
state or national organization, to which a labor organization pays 245
membership or per capita fees, based upon its affiliation or membership, 246
and trade or professional associations which receive their funds 247
exclusively from membership dues, whether organized in or outside of 248
this state, but does not mean a candidate committee, party committee or 249
a political committee. 250
Sec. 10. Subdivision (5) of subsection (a) of section 10-357b of the 251
general statutes is repealed and the following is substituted in lieu 252
thereof (Effective from passage): 253
(5) (A) Employ such assistants, agents and other employees as may 254
be necessary or desirable who shall not be employees, as defined in 255
[subsection (b)] subdivision (2) of section 5-270, as amended by this act; 256
(B) establish all necessary or appropriate personnel practices and 257
policies, including those relating to hiring, promotion, compensation, 258
retirement and collective bargaining, which need not be in accordance 259
with chapter 68, and the center shall not be an employer as defined in 260
[subsection (a)] subdivision (1) of section 5-270, as amended by this act; 261
and (C) engage consultants, attorneys and appraisers as may be 262
necessary or desirable to carry out its purposes in accordance with this 263
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section and sections 10-357a, 10-357c and 10-357d; 264
Sec. 11. Subdivision (14) of subsection (a) of section 15-31b of the 265
general statutes is repealed and the following is substituted in lieu 266
thereof (Effective from passage): 267
(14) Employ such assistants, agents and other employees as may be 268
necessary or desirable to carry out its purposes. (A) The executive 269
director and such employees shall be exempt from the classified service 270
and, except as provided in subparagraph (B) of this subdivision, shall 271
not be employees, as defined in [subsection (b)] subdivision (2) of 272
section 5-270, as amended by this act. The authority shall fix appropriate 273
compensation for such employees and establish all necessary or 274
appropriate personnel practices and policies, including those relating to 275
hiring, promotion, compensation, retirement and collective bargaining, 276
which need not be in accordance with chapter 68, and the authority shall 277
not be an employer, as defined in [subsection (a)] subdivision (1) of 278
section 5-270, as amended by this act, and may engage consultants, 279
attorneys and appraisers as may be necessary or desirable to carry out 280
its purposes in accordance with sections 15-31a to 15-31i, inclusive. (B) 281
For purposes of group welfare benefits and retirement, including, but 282
not limited to, those provided under chapter 66 and sections 5-257 and 283
5-259, the officers and all other employees of the authority shall be state 284
employees. The authority shall reimburse the appropriate state agencies 285
for all costs incurred by such designation; 286
Sec. 12. Subparagraph (D) of subdivision (1) of subsection (d) of 287
section 16-245n of the general statutes is repealed and the following is 288
substituted in lieu thereof (Effective from passage): 289
(D) In addition to, and not in limitation of, any other power of the 290
Connecticut Green Bank set forth in this section or any other provision 291
of the general statutes, said bank shall have and may exercise the 292
following powers in furtherance of or in carrying out its purposes: 293
(i) To have perpetual succession as a body corporate and to adopt 294
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bylaws, policies and procedures for the regulation of its affairs and the 295
conduct of its business; 296
(ii) To make and enter into all contracts and agreements that are 297
necessary or incidental to the conduct of its business; 298
(iii) To invest in, acquire, lease, purchase, own, manage, hold, sell and 299
dispose of real or personal property or any interest therein; 300
(iv) To borrow money or guarantee a return to investors or lenders; 301
(v) To hold patents, copyrights, trademarks, marketing rights, 302
licenses or other rights in intellectual property; 303
(vi) To employ such assistants, agents and employees as may be 304
necessary or desirable, who shall be exempt from the classified service 305
and shall not be employees, as defined in [subsection (b)] subdivision 306
(2) of section 5-270, as amended by this act; establish all necessary or 307
appropriate personnel practices and policies, including those relating to 308
hiring, promotion, compensation and retirement, and said bank shall 309
not be an employer, as defined in [subsection (a)] subdivision (1) of 310
section 5-270, as amended by this act; and engage consultants, attorneys, 311
financial advisers, appraisers and other professional advisers as may be 312
necessary or desirable; 313
(vii) To invest any funds not needed for immediate use or 314
disbursement pursuant to investment policies adopted by said bank's 315
board of directors; 316
(viii) To procure insurance against any loss or liability with respect to 317
its property or business of such types, in such amounts and from such 318
insurers as it deems desirable; 319
(ix) To enter into joint ventures and invest in, and participate with 320
any person, including, without limitation, government entities and 321
private corporations, in the formation, ownership, management and 322
operation of business entities, including stock and nonstock 323
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corporations, limited liability companies and general or limited 324
partnerships, formed to advance the purposes of said bank, provided 325
members of the board of directors or officers or employees of said bank 326
may serve as directors, members or officers of any such business entity, 327
and such service shall be deemed to be in the discharge of the duties or 328
within the scope of the employment of any such director, officer or 329
employee, as the case may be, so long as such director, officer or 330
employee does not receive any compensation or financial benefit as a 331
result of serving in such role; 332
(x) To enter into a memorandum of understanding or other 333
arrangements with Connecticut Innovations, Incorporated, with respect 334
to the provision or sharing of space, office systems or staff 335
administrative support, on such terms as may be agreed to between said 336
bank and Connecticut Innovations, Incorporated; and 337
(xi) To do all other acts and things necessary or convenient to carry 338
out the purposes of said bank. 339
Sec. 13. Subdivision (2) of subsection (f) of section 17b-706a of the 340
general statutes is repealed and the following is substituted in lieu 341
thereof (Effective from passage): 342
(2) Not later than seven days after receiving a request from an 343
employee organization, as defined in [subsection (d)] subdivision (4) of 344
section 5-270, as amended by this act, that is interested in representing 345
an appropriate unit of personal care attendants, the Personal Care 346
Attendant Workforce Council shall provide to the employee 347
organization the most recent list of personal care attendants compiled 348
pursuant to subdivision (1) of this subsection. 349
Sec. 14. Subdivision (7) of section 32-39 of the general statutes is 350
repealed and the following is substituted in lieu thereof (Effective from 351
passage): 352
(7) To employ such assistants, agents and other employees as may be 353
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necessary or desirable, which employees shall be exempt from the 354
classified service and shall not be employees, as defined in [subsection 355
(b)] subdivision (2) of section 5-270, as amended by this act; establish all 356
necessary or appropriate personnel practices and policies, including 357
those relating to hiring, promotion, compensation, retirement and 358
collective bargaining, which need not be in accordance with chapter 68, 359
and the corporation shall not be an employer, as defined in [subsection 360
(a)] subdivision (1) of section 5-270, as amended by this act; and engage 361
consultants, attorneys and appraisers as may be necessary or desirable 362
to carry out its purposes in accordance with this chapter; 363
Sec. 15. Subdivision (3) of subsection (b) of section 32-602 of the 364
general statutes is repealed and the following is substituted in lieu 365
thereof (Effective from passage): 366
(3) To employ such assistants, agents and other employees as may be 367
necessary or desirable to carry out its purposes, which employees shall 368
be exempt from the classified service and shall not be employees, as 369
defined in [subsection (b)] subdivision (2) of section 5-270, as amended 370
by this act, to fix their compensation, to establish and modify personnel 371
procedures as may be necessary from time to time and to negotiate and 372
enter into collective bargaining agreements with labor unions;373
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 5-270
Sec. 2 from passage New section
Sec. 3 from passage 31-40bb(a)
Sec. 4 from passage 5-196(29)
Sec. 5 from passage 5-226f
Sec. 6 from passage 5-248i(a)
Sec. 7 from passage 5-276a(a)
Sec. 8 from passage 8-169jj(b)
Sec. 9 from passage 9-601(7)
Sec. 10 from passage 10-357b(a)(5)
Sec. 11 from passage 15-31b(a)(14)
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Sec. 12 from passage 16-245n(d)(1)(D)
Sec. 13 from passage 17b-706a(f)(2)
Sec. 14 from passage 32-39(7)
Sec. 15 from passage 32-602(b)(3)
Statement of Purpose:
To allow temporary state employees to be considered part of the same
collective bargaining unit as permanent employees in similarly situated
positions.
[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.]