Sec. 31-107. Complaints of unfair labor practices. Investigations, complaints, hearings and orders.
Sec. 31-107. Complaints of unfair labor practices. Investigations, complaints,
hearings and orders. (a) The board is empowered and directed to prevent any unfair
labor practices. When a complaint has been made to the board that any employer has
engaged in or is engaging in an unfair labor practice, the board shall refer such complaint
to the agent who shall, after investigation and within ninety days after the date of such
referral, either (1) make a report to the board recommending dismissal of the complaint
or (2) issue a written complaint charging unfair labor practices. If no such report is made
and no such written complaint is issued, the board may in its discretion proceed to a
hearing upon the party's original complaint of the violation of this chapter which shall
in such case be treated for the purpose of this section as a complaint issued by the agent.
Upon receiving a report from the agent recommending dismissal of a complaint, the
board may issue an order dismissing the complaint or may order a further investigation
or a hearing thereon.
(b) Upon receiving a complaint issued by the agent, the board shall set a time and
place for the hearing, which time and place may be changed by the board at the request
of the agent or the employer for cause shown. Any such complaint may be amended
with the permission of the board. The person so complained of shall have the right to
file an answer to the original or amended complaint within five days after the service
of such complaint or within such other time as the board may limit. Such person shall
have the right to appear in person or otherwise to defend against such complaint. In the
discretion of the board any person may be allowed to intervene in such proceeding. In
any hearing the board shall not be bound by technical rules of evidence prevailing in
the courts.
(c) A stenographic or electronic record of the testimony shall be taken at all hearings
of the board and a transcript thereof shall be filed with the board upon its request. The
board shall have the power to order the taking of further testimony and for further argument. If, upon all the testimony, the board determines that the employer has engaged
in or is engaging in any unfair labor practice, it shall state its finding of fact and shall
issue and cause to be served on such employer an order requiring him to cease and desist
from such unfair labor practice, and shall take such further affirmative action as will
effectuate the policies of this chapter, including, but not limited to: (1) Withdrawal of
recognition from and refraining from bargaining collectively with any company union,
established, maintained or assisted by any action defined in this chapter as an unfair
labor practice; (2) awarding of back pay; (3) reinstatement with or without back pay of
any employee discriminated against in violation of section 31-105 or by maintenance
of a preferential list from which such employee shall be returned to work; (4) reinstatement with or without back pay of all employees whose work has ceased or whose return
to work has been delayed or prevented as the result of unfair labor practice in respect
to any employee or employees or the maintenance of a preferential list from which such
employees shall be returned to work. Such order may further require such person to
make reports from time to time showing the extent to which the order has been complied
with. If upon all the testimony the board is of the opinion that the person or persons
named in the complaint have not engaged in or are not engaging in any such unfair labor
practice, then the board shall make its finding of fact and shall issue an order dismissing
the complaint. The board shall not require as a condition of taking action or issuing any
order under this chapter that employees on strike or engaged in any other lawful concerted activity shall discontinue such strike or such activity. Until a transcript of the
record in a case has been filed in the Superior Court, as provided in section 31-109, the
board may, at any time, upon notice, modify or set aside in whole or in part any finding
or order made or issued by it. Proceedings before the board shall be held with all possible
expedition.
(1949 Rev., S. 7394; 1969, P.A. 357; P.A. 73-120, S. 1, 3.)
History: 1969 act detailed agent's responsibility to make report or issue written complaint and procedure if agent neither
makes report nor issues complaint in Subsec. (a); P.A. 73-120 amended Subsec. (c) to substitute "stenographic or electronic
record" for "transcript" and to require filing of transcript with board "upon its request" where previously such filing was
mandatory.
See note to Sec. 31-109.
When agent filed report recommending dismissal of charges, board held a hearing to review agent's action; held, though
board did not follow procedure set out in statute, in effect its action amounted to a hearing on the merits of the controversy.
148 C. 135. If board at one hearing found probable cause on a complaint, it is not barred from then sitting in judgment on
such complaint. Id.
Cited. 22 CS 144.
Subsec. (a):
Cited. 43 CS 340.
Subsec. (c):
Cited. 175 C. 625. Cited. 217 C. 110. Cited. 232 C. 91.