Section 31-379-18 - Arbitration or other agency proceedings(a)General.(1) An employee who files a complaint under section 31-379 of the Act may also pursue remedies under grievance arbitration proceedings in collective bargaining agreements. In addition, the complainant may concurrently resort to other agencies for relief, such as the National Labor Relations Board. The Commissioner's jurisdiction to entertain section 31-379 complaints, to investigate, and to determine whether discrimination has occurred, is independent of the jurisdiction of other agencies or bodies. The Commissioner may file action in the court of common pleas for Hartford county regardless of the pendency of other proceedings.(2) However, the Commissioner also recognizes the national policy favoring voluntary resolution of disputes under procedures in collective bargaining agreements. By the same token, due deference should be paid to the jurisdiction of other forums established to resolve disputes which may also be related to section 31-379 complaints.(3) Where a complainant is in fact pursuing remedies other than those provided by section 31-379, postponement of the Commissioner's determination and deferral to the results of such proceedings may be in order.(b)Postponement of determination. Postponement of determination would be justified where the rights asserted in other proceedings are substantially the same as rights under section 31-379 and those proceedings are not likely to violate the rights guaranteed by section 31-379. The factual issues in such proceedings must be substantially the same as those raised by section 31-379 complaint, and the forum hearing the matter must have the power to determine the ultimate issue of discrimination.(c)Deferral to outcome of other proceedings. A determination to defer to the outcome of other proceedings initiated by a complainant must necessarily be made on a case-to-case basis, after careful scrutiny of all available information. Before deferring to the results of other proceedings, it must be clear that those proceedings dealt adequately with all factual issues, that the proceedings were fair, regular, and free of procedural infirmities, and that the outcome of the proceedings was not repugnant to the purpose and policy of the Act. In this regard, if such other actions initiated by a complainant are dismissed without ajudicatory hearing thereof, such dismissal will not ordinarily be regarded as determinative of the section 31-379 complaint.Conn. Agencies Regs. § 31-379-18
Effective September 30, 1976