['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
04/26/2024
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Summary of differences between federal and state regulations
Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584, and the Federal Arbitration Act, 9 USC sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.
In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.
Below is a summary of Connecticut’s requirements regarding ADR. Consult the regulatory links for detailed information.
Mediation and Arbitration
The Connecticut State Board of Mediation and Arbitration was created by sec. 31-91 of the Connecticut General Statutes, and administers various statutes that provide for mediation and arbitration services to private and public sector employers and employee organizations and appeals pursuant to sec. 53-303e of the Connecticut General Statutes. The board is composed of six members appointed by the Governor, for six year terms as provided in sec. 4-9a of the Connecticut General Statutes, with the public, labor, and management each represented by two members. One of the public members is designated by the Governor as the chairman and the other public member shall be the deputy chairman. The members shall have the power to complete any matter pending at the expiration of the terms for which they were appointed.
A grievance or dispute will be heard by the board when any of the following conditions is met:
- The board is specifically named as arbitrator within a collective bargaining agreement or;
- The parties to the dispute submit in writing their mutual request for arbitration and mutual agreement to be bound by the board’s decision; or
- An employee files a written claim alleging that he was discharged in violation of sec. 53-303e of the Connecticut General Statutes.
The state also has procedures for arbitration in general, in Title 52, chapter 909, sections 52-408 to 52-424, General Statutes of Connecticut.
State
Contacts
Connecticut State Board of Mediation and Arbitration
National Labor Relations Board (Region 34)
Regulations
Arbitration and Mediation
General Statutes of Connecticut, Title 31, chapter 560, sections 31-91 to 31-100
www.cga.ct.gov/current/pub/chap_560.htm
Arbitration and Civil Action
General Statutes of Connecticut, Title 52, chapter 909, sections 52-408 to 52-424
www.cga.ct.gov/current/pub/chap_909.htm
Mediation (Non-Court Ordered)
General Statutes of Connecticut, Title 52, chapter 900, section 52-235d
www.cga.ct.gov/current/pub/chap_900.htm
Federal
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board
Regulations
The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584
The Federal Arbitration Act, 9 USC sec. 1 – 16
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