2012 -- H 7349

=======

LC00819

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- PUBLIC EMPLOYEE

ORGANIZATION

     Introduced By: Representatives Blazejewski, Savage, Johnston, Gallison, and Handy

     Date Introduced: February 02, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 28-7-3, 28-7-14, 28-7-16 and 28-7-40 of the General Laws in

1-2

Chapter 28-7 entitled "Labor Relations Act" are hereby amended to read as follows:

1-3

     28-7-3. Definitions. -- When used in this chapter:

1-4

      (1) "Board" means the labor relations board created by section 28-7-4.

1-5

      (2) "Company union" means any committee employee representation plan or association

1-6

of employees which exists for the purpose, in whole or in part, of dealing with employers

1-7

concerning grievances or terms and conditions of employment, which the employer has initiated

1-8

or created or whose initiation or creation he or she has suggested, participated in or in the

1-9

formulation of whose governing rules or policies or the conducting of whose management,

1-10

operations, or elections the employer participates in or supervises, or which the employer

1-11

maintains, finances, controls, dominates, or assists in maintaining or financing, whether by

1-12

compensating any one for services performed in its behalf or by donating free services,

1-13

equipment, materials, office or meeting space or any thing else of value, or by any other means.

1-14

      (3) (i) "Employees" includes, but is not restricted to, any individual employed by a labor

1-15

organization; any individual whose employment has ceased as a consequence of, or in connection

1-16

with, any current labor dispute or because of any unfair labor practice, and who has not obtained

1-17

any other regular and substantially equivalent employment; and shall not be limited to the

1-18

employees of a particular employer, unless the chapter explicitly states otherwise;

2-19

      (ii) "Employees" does not include any individual employed by his or her parent or

2-20

spouse or in the domestic service of any person in his or her home, or any individuals employed

2-21

only for the duration of a labor dispute, or any individuals employed as farm laborers.

2-22

      (4) "Employer" includes any person acting on behalf of or in the interest of an employer,

2-23

directly or indirectly, with or without his or her knowledge, but a labor organization or any officer

2-24

or its agent shall only be considered an employer with respect to individuals employed by the

2-25

organization.

2-26

      (5) "Labor dispute" includes, but is not restricted to, any controversy between employers

2-27

and employees or their representatives as defined in this section concerning terms, tenure, or

2-28

conditions of employment or concerning the association or representation of persons in

2-29

negotiating, fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms

2-30

or conditions of employment, or concerning the violation of any of the rights granted or affirmed

2-31

by this chapter, regardless of whether the disputants stand in the proximate relation of employer

2-32

and employee.

2-33

      (6) "Labor organization" means any organization which exists and is constituted for the

2-34

purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning

2-35

grievances, terms or conditions of employment, or of other mutual aid or protection and which is

2-36

not a company union as defined in this section.

2-37

      (7) "Person" includes one or more individuals, partnerships, associations, corporations,

2-38

legal representatives, trustees, trustees in bankruptcy, or receivers.

2-39

      (8) "Policies of this chapter" means the policies set forth in section 28-7-2.

2-40

      (9) “Public Employee” includes an individual employed by the state, subdivision of the

2-41

state, or quasi-public entities.

2-42

     (9) (10) "Representatives" includes a labor organization or an individual whether or not

2-43

employed by the employer of those whom he or she represents.

2-44

     (10) (11) "Unfair labor practice" means only those unfair labor practices listed in sections

2-45

28-7-13 and 28-7-13.1.

2-46

     28-7-14. Exclusive representation of employees. -- Representatives designated or

2-47

selected for the purposes of collective bargaining by the majority of the employees in a unit

2-48

appropriate for those purposes as evidenced by signed authorization cards by public employees

2-49

or otherwise, or by the majority of the employees voting in an election conducted pursuant to

2-50

sections 28-7-15 -- 28-7-19, shall be the exclusive representatives of all the employees in the

2-51

appropriate unit for the purposes of collective bargaining in respect to rates of pay, wages, hours

2-52

of employment, or other conditions of employment; provided, that employees, directly or through

2-53

representatives, shall have the right at any time to present grievances to their employer.

3-1

     28-7-16. Controversies as to representation. -- (a) Whenever it is alleged by an

3-2

employee or his or her representative that there is a question or controversy concerning the

3-3

representation of employees, the board shall investigate the question or controversy and certify in

3-4

writing to all persons concerned the name or names of the representatives who have been

3-5

designated or selected.

3-6

      (b) Whenever it is alleged by an employer or his or her representative that there is a

3-7

question or controversy concerning the representation of employees, the board shall investigate

3-8

the question or controversy after a public hearing held upon due notice.

3-9

      (c) In any investigation the board shall provide for an appropriate hearing upon due

3-10

notice, either in conjunction with a proceeding under sections 28-7-21 -- 28-7-25 or otherwise,

3-11

and may conduct an election by secret ballot of employees, or use any other suitable method to

3-12

ascertain the representatives either before or after the hearing; however, the board shall certify an

3-13

exclusive representative for the purposes of collective bargaining upon evidence in writing by

3-14

authorization cards demonstrating interest in union representation by seventy percent (70%) of

3-15

public employees in a bargaining unit. In the absence of such evidence for a unit comprised of

3-16

public employees the board shall conduct a secret ballot election upon such terms as it shall

3-17

determine; provided, that the board does not have authority to investigate any question or

3-18

controversy between individuals or groups within the same labor organization or between labor

3-19

organizations affiliated with the same parent labor organization.

3-20

     (d) Any employer or labor organization may bring a complaint that a party has engaged

3-21

in coercion during a bid to achieve representation. An allegation shall be investigated by the

3-22

board. A violation shall be subject to a penalty specified in section 28-7-40.

3-23

     28-7-40. Penalty for violations. -- Any person who willfully resists, prevents, impedes,

3-24

or interferes with any member of the board or any of its agents or agencies in the performance of

3-25

duties pursuant to this chapter, or who in any manner interferes with the free exercise by

3-26

employees of their right to select representatives in an election directed by the board pursuant to

3-27

sections 28-7-14 -- 28-7-19, shall be punished by a fine of not more than five thousand dollars

3-28

($5,000), or by imprisonment for not more than one year, or both.

3-29

     SECTION 2. This act shall take effect upon passage.

=======

LC00819

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- PUBLIC EMPLOYEE

ORGANIZATION

***

4-1

     This act would authorize the labor board to certify and recognize union representatives of

4-2

public employees that submit authorization cards signed by at least seventy percent (70%) of its

4-3

eligible employee members. It would empower the labor board to investigate and prosecute

4-4

coercion used to influence the outcome of controversy as to union representation.

4-5

     This act would take effect upon passage.

=======

LC00819

=======