03/01/2023
March 2, 2023 Labor and Public Employees Committee HB 6793
Public Hearing Testimony of
Danté Bartolomeo
Commissioner
Department of Labor
Labor and Public Employees Committee
March 2, 2023
Good Afternoon, Representative Sanchez, Senator Kushner, Representative Ackert, Senator Sampson, Representative Wilson, Senator Cabrera, and members of the Labor and Public Employees Committee. Thank you for the opportunity to provide you with written testimony regarding HB 6793 AN ACT MODIFYING THE STATE BOARD OF LABOR RELATIONS' REMEDIES FOR PROHIBITED PRACTICES FOR CERTIFIED EMPLOYEES. My name is Danté Bartolomeo and I am the Commissioner of the Connecticut Department of Labor.
HB 6793 allows the State Board of Labor Relations (SBLR) to issue a cease-and-desist order to a party alleged to have violated certain provisions of the Connecticut General Statutes that prohibit practices of employers, employees and representatives. To obtain interim relief under the Municipal Employee Relations Act (MERA), the SBLR’s regulations Regs., Conn. State Agencies § 7-471-36 currently state:
(a) Following the date on which a complaint has been made to the board concerning an ongoing violation of the act, the complainant may request the board to issue an interim order requiring the respondent to cease and desist from such act or practice until the board has made its final determination. Such request must clearly and specifically state with certainty and definiteness all the essential facts relied upon by complainant to show that he has met the standards contained in subsection (g), infra. The facts alleged in said request must be supported by affidavits which shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence before the board at a formal hearing, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto: (1) the harm to the complainant if an interim order is not issued; including whether irreparable injury, loss, or damage will result, (2) the harm to the respondent if an interim order is issued, (3) the probability of success on the merits by the complainant, and (4) the interests of the public.
Since, unlike MERA, the Teacher Negotiation Act (TNA) does not provide for interim relief, SBLR’s TNA regulations are silent on the issue. If the legislative intent is to provide Connecticut’s teachers the same interim relief, the TNA regulations would likely need to be amended to match the MERA regulations. Additionally, SBLR would likely require the complaining party to produce some supporting evidence of a continuing violation so passage of HB 6793 will increase workload of the Board.
Thank you for the opportunity to provide this written testimony. We are available to answer any questions you may have.
Connecticut Department of Labor • www.ct.gov/dol
An Equal Opportunity/Affirmative Action Employer