Sec. 5-270. Collective bargaining. Definitions.
Sec. 5-270. Collective bargaining. Definitions. When used in sections 5-270 to
5-280, inclusive:
(a) "Employer" means the state of Connecticut, its executive and judicial branches,
including, without limitation, any board, department, commission, institution, or agency
of such branches or any appropriate unit thereof and any board of trustees of a state-owned or supported college or university and branches thereof, public and quasi-public
state corporation, or authority established by state law, or any person or persons designated by the employer to act in its interest in dealing with employees, but shall not include
the State Board of Labor Relations or the State Board of Mediation and Arbitration.
(b) "Employee" means any employee of an employer, whether or not in the classified service of the employer, except elected or appointed officials other than special
deputy sheriffs, board and commission members, disability policy specialists assigned
to the Council on Developmental Disabilities, managerial employees and confidential
employees.
(c) "Professional employee" means: (1) Any employee engaged in work (A) predominantly intellectual and varied in character as opposed to routine mental, manual,
mechanical or physical work; (B) involving the consistent exercise of discretion and
judgment in its performance; (C) of such a character that the output produced or the result
accomplished cannot be standardized in relation to a given time period; (D) requiring
knowledge of an advanced type in a field of science or learning customarily acquired
by a prolonged course of specialized intellectual instruction and study in an institution
of higher learning or a hospital, as distinguished from a general academic education or
from an apprenticeship or from training in the performance of routine mental, manual
or physical processes; or (2) any employee who has completed the courses of specialized
intellectual instruction and study described in subsection (c)(1)(D) and is performing
related work under the supervision of a professional person to qualify himself to become
a professional employee as defined in subsection (c)(1).
(d) "Employee organization" means any lawful association, labor organization, federation or council having as a primary purpose the improvement of wages, hours and
other conditions of employment among state employees.
(e) "Confidential employee" means any public employee who would have access
to confidential information used in collective bargaining.
(f) "Supervisory employee" means any individual in a position in which the principal functions are characterized by not fewer than two of the following: (1) Performing
such management control duties as scheduling, assigning, overseeing and reviewing the
work of subordinate employees; (2) performing such duties as are distinct and dissimilar
from those performed by the employees supervised; (3) exercising judgment in adjusting
grievances, applying other established personnel policies and procedures and in enforcing the provisions of a collective bargaining agreement; and (4) establishing or participating in the establishment of performance standards for subordinate employees and
taking corrective measures to implement those standards, provided in connection with
any of the foregoing the exercise of such authority is not merely of a routine or clerical
nature, but requires the use of independent judgment, and such individuals shall be
employees within the meaning of subsection (b) of this section. The above criteria for
supervisory positions shall not necessarily apply to police or fire departments.
(g) "Managerial employee" means any individual in a position in which the principal functions are characterized by not fewer than two of the following, provided for any
position in any unit of the system of higher education, one of such two functions shall
be as specified in subdivision (4) of this subsection: (1) Responsibility for direction of
a subunit or facility of a major division of an agency or assignment to an agency head's
staff; (2) development, implementation and evaluation of goals and objectives consistent
with agency mission and policy; (3) participation in the formulation of agency policy;
or (4) a major role in the administration of collective bargaining agreements or major
personnel decisions, or both, including staffing, hiring, firing, evaluation, promotion
and training of employees.
(P.A. 75-566, S. 1; P.A. 77-22, S. 1, 3; P.A. 81-457, S. 12; P.A. 82-454; P.A. 86-411, S. 5, 8; P.A. 97-148, S. 1, 8; P.A.
01-103, S. 1; P.A. 05-256, S. 5.)
History: P.A. 77-22 deleted legislative branch from definition of "employer" in Subsec. (a); P.A. 81-457 added Subdiv.
(g), which defines "managerial employee", and excluded them from collective bargaining by excepting them from the
definition of "employee", where previously they were specifically excluded if working less than 24 hours per week; P.A.
82-454 amended Subsec. (b) to include part-time employees within the definition of "employee", where previously they
were specifically excluded if working less than 24 hours per week; P.A. 86-411 amended Subsec. (g), removing the
percentage cap on the number of managerial employees, and requiring the provisions of Subpara. (D) to be satisfied for
any position in the system of higher education to be considered managerial, effective July 1, 1986, and applicable to
negotiations then in progress; (Revisor's note: In 1995 the Revisors editorially substituted in Subdiv. (c) the alphabetic
indicators (A), (B), (C) and (D) for (i), (ii), (iii) and (iv) for consistency with statutory usage); P.A. 97-148 amended Subsec.
(b) to include special deputy sheriffs, effective July 1, 1997; P.A. 01-103 deleted former Subdiv. (2) re certain Department
of Correction employees, redesignated existing Subparas. (A) to (D) as Subdivs. (1) to (4), and made conforming technical
changes; P.A. 05-256 redefined "employee" in Subsec. (b) to include disability policy specialists assigned to the Council
on Developmental Disabilities, effective July 1, 2005.
Cited. 204 C. 746.
Cited. 40 CS 381.
Subsec. (b):
Cited. 184 C. 578. Cited. 226 C. 670.
Subsec. (f):
Court held section not unconstitutionally vague. 204 C. 746.
Subsec. (g):
Court held section not unconstitutionally vague. 204 C. 746.
Classification of managerial employees and denial to them of collective bargaining rights survives challenge on equal
protection grounds; statute repels vagueness challenge, is not offensive to due process requirements. 40 CS 381.