State Employee Relations Act (SERA)

(Conn. Gen. Stat. §§ 5-270, et seq.)

Background

The State Employee Relations Act was enacted in 1975 and was patterned after MERA with some major differences. In regard to bargaining unit determinations, the Act directs the Board to consider the effects of over fragmentation and to take into consideration that the State as an employer will be bargaining on a state-wide basis. As a result, the Board established certain bargaining units by regulation as opposed to the case by case approach it uses under MERA. This Act also requires members of a bargaining unit who do not join the union to pay the union the equivalent of union dues (an agency fee) as a condition of continued employment. However, in Janus v. AFSCME, 138 S.Ct. at 2453, 2486 (2018), the U.S. Supreme Court held that public-sector employers and unions “may no longer extract agency fees from nonconsenting employees.” Further, the Act excludes "managerial" employees from coverage.

Effective October 1, 2021, the State and employee organizations representing State employees may also file prohibited practice complaints under SERA alleging violations of Conn. Gen. Stat. § 31-40bb (Access to Public Employee Orientations and Information by Exclusive Bargaining Representative. Right to Use Electronic Mail System, Buildings and Other Facilities. Payroll Deductions. Dispute Proceedings. Prohibited Practices).

Statutes & Regulations

Connecticut General Statutes § 31-40bb

An Act Concerning Access to Certain Public Employees by the Exclusive Bargaining Representative of a Public Employer Bargaining Unit.

Conn. Gen. Statute §§ 5-270, et seq.

Collective Bargaining for State Employees.

Regulations

Frequently Filed Complaints

The types of complaints most often filed with the Labor Board pursuant to SERA are similar to those described above under MERA. Below are citations to some cases decided by the Board under SERA for the categories listed.

1. Unilateral Change: State of Connecticut Judicial Branch, Decision No. 5315 (2024); State of Connecticut Department of Correction, Decision No. 5211 (2021); State of Connecticut Department of Correction, Decision No. 5183 (2021); State of Connecticut Department of Correction, Decision No. 5218 (2020).

2. Subcontracting: State of Connecticut UConn Medical Center, Decision No. 4002 (2004); State of Connecticut, Division of State Police, Decision No. 3412 (1996).

3. Duty to Supply Information: State of Connecticut Judicial Branch, Decision No. 4667 (2013); State of Connecticut Department of Transportation, Decision No. 3879 (2002); State of Connecticut Department of Public Safety, Decision No. 3673 (1999).

4. Discrimination: State of Connecticut Department of Correction, Decision No. 5023 (2018); State of Connecticut Department of Children and Families, Decision No. 5034 (2018); State of Connecticut, Decision No. 4101 (2005).

5. Duty of Fair Representation: Local 149 of Council 4, AFSCME (T. Lott), Decision No. 5262 (2023); District 11, NEHCEU (E. Henry), Decision No. 5259 (2023); A&R Employees Union, CPFU (Gagne & Wallett), Decision No. 5214 (2022); Local 1565 Council 4, AFSCME (J. Wing), Decision No. 5161 (2021).

6. Contract Repudiation: State of Connecticut Judicial Branch, Decision No. 5315 (2024) State of Connecticut Department of Correction, Decision No. 5211 (2021); State of Connecticut Department of Correction, Decision No. 4959 (2017).