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STATE OF CONNECTICUT

LABOR DEPARTMENT

CONNECTICUT STATE BOARD OF LABOR RELATIONS

UNIVERSITY OF CONNECTICUT
HEALTH CENTER
DECISION NO. 3694-A
-and-
MAY 25, 1999
COUNCIL 4, AFSCME, AFL-CIO

Case No. SE-18,841

A P P E A R A N C E S:

Attorney Joseph Summa


For the Health Center

Attorney J. William Gagne, Jr.


For the Union

DECISION AND REVISED DIRECTION OF ELECTION

On May 14, 1999 the Connecticut State Board of Labor Relations issued its Decision and
Direction of Election in the above captioned case in which it directed an election in a faculty unit
at the University of Connecticut Health Center (the Health Center). In its direction of election,
the Labor Board determined, pursuant to the Regulations of Connecticut State Agencies '5-273-
17(c), that those employees eligible to vote are those who were on the payroll on January 23,
1997 (the date the petition was filed) and those who remain on the payroll on the date of the
election.

On May 24, 1999 the Health Center filed a ARequest to Reconsider Date of Eligibility
List@ claiming that the definition of eligible voters contained in the Board=s Direction of Election
would preclude approximately 120 faculty members (roughly 25% of the proposed bargaining
unit) from expressing their desires about union representation. The Health Center claims that
this Aturnover@ in employee population, which resulted during the time that the petition was
pending before the Labor Board, constitutes Aextraordinary circumstances@ so as to justify a
modification of the usual eligibility date.1 In support of its position the Health Center attached to
its request a list of those faculty members who were not on the payroll on the date the petition
was filed.

We find that the significant percentage of the proposed bargaining unit that would be
precluded from voting in this election constitutes circumstances justifying a modification of the
eligibility date. In making our determination, we rely on the information submitted by the
Health Center with its request. We grant the Health Center=s request and issue the following
modification to the direction of election.

1
Section 5-273-17(c) of the Regulations of Connecticut State Agencies states: AThe
employees eligible to vote shall be those on the payroll on the date of the filing of the petition or
such other date as the Board or the Agent may order upon the showing of extraordinary
circumstances or by consent of the parties, and who remain on the payroll on the date of the
election.@
DIRECTION OF ELECTION

By virtue of and purusant to the power vested in the Connecticut State Board of Labor
Relations by the State Employee Relations Act, it is hereby

DIRECTED that an election by secret ballot be conducted under the supervision of the
Agent of the Labor Board within 30 days hereof among

all faculty of the University of Connecticut Health Center who are full-time or who work
a full-time equivalent equal to or greater than twenty percent (0.2 FTE), excluding
Department Heads, Associate Deans, Assistant Deans and Deans

employed by the University of Connecticut Health Center who were on the payroll on May 14,
1999 and who remain on the payroll on the date of the election, to determine whether or not the
employees wish to be represented for purposes of collective bargaining by Council 4, AFSCME,
AFL-CIO.

CONNECTICUT STATE BOARD OF LABOR RELATIONS

John H. Sauter
John H. Sauter
Chairman

C. Raymond Grebey
C. Raymond Grebey
Board Member

Wendella A. Battey
Wendella A. Battey
Board Member
CERTIFICATION

I hereby certify that a copy of the foregoing was mailed postage prepaid and transmitted via
facsimile this 25th day of May, 1999 to the following:

Attorney J. William Gagne, Jr.

Gagne & Associates


RRR
1260 Silas Deane Highway

Wethersfield, Connecticut 06109

Attorney Joseph Summa

Summa & Ryan


RRR
19-21 Holmes Avenue

Waterbury, Connecticut 06702

______________________________
Jaye Bailey Zanta, General Counsel

I hereby certify that a copy of the foregoing was mailed postage prepaid this 25th day of
May, 1999 to the following:

Assistant Vice President


of Human Resources
UCONN Health Center
263 Farmington Avenue
Farmington, Connecticut 06032

Peter Thor, Service Representative


Council 4, AFSCME, AFL-CIO
444 East Main Street
New Britain, Connecticut 06051
Certification

Page 2

May 25, 1999

Attorney Karen Wallace, Director of

Labor Relations

UCONN Health Center

263 Farmington Avenue

Farmington, Connecticut 06032

Attorney Susan Creamer

Council 4, AFSCME, AFL-CIO

444 East Main Street

New Britain, Connecticut 06051

_________________________________

Jaye Bailey Zanta, General Counsel

CONNECTICUT STATE BOARD OF LABOR RELATIONS