2012 -- H 7617

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LC01376

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- SCHOOL EMPLOYEE

ARBITRATION

     Introduced By: Representatives McCauley, Medina, Bennett, Savage, and Fellela

     Date Introduced: February 16, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 28-9.3-9, 28-9.3-10, 28-9.3-11 and 28-9.3-12 of the General Laws

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in Chapter 28-9.3 entitled "Certified School Teachers' Arbitration" are hereby amended to read as

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follows:

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     28-9.3-9. Unresolved issues submitted to mediation or arbitration. -- (a) In the event

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that the negotiating or bargaining agent and the school committee are unable, within thirty (30)

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days from and including the date of their first meeting, to reach an agreement on a contract, either

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of them may request mediation and conciliation upon any and all unresolved issues, including,

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but not limited to, the expenditure of money by the director of labor and training or from any

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other source. If mediation and conciliation fail or are not requested, at any time after the thirty

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(30) days, either party may request that any and all unresolved issues shall be submitted to

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arbitration by sending the request by certified mail postage prepaid to the other party, setting forth

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the issues to be arbitrated.

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      (b) In the event that the negotiating or bargaining agent and the school committee are

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unable to reach an agreement on a contract thirty (30) days before the last day on which money

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can be appropriated by the city and town to cover the first year of the contract period, any and all

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unresolved issues, including, but not limited to, the expenditure of money shall be submitted to

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the director of labor and training for compulsory mediation until the date upon which the money

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is scheduled to be appropriated. The director of labor and training or his or her designee may

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waive this requirement upon the mutual agreement of the parties.

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      (c) In the event that the negotiating or bargaining agent and the school committee are

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unable within ten (10) days of the scheduled close of school in June of the last year of the

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contract in effect to reach an agreement on a contract, any and all unresolved issues shall be

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submitted to the director of labor and training for compulsory mediation.

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      (d) If the parties cannot mutually agree upon a mediator within twenty-four (24) hours,

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the director of labor and training shall select a mediator from a panel previously established by

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the director comprised of persons knowledgeable in the field of labor management relations to

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mediate the dispute. The department of labor and training is empowered to compel the attendance

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of all the parties to any and all meetings it deems necessary until the dispute is resolved.

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      (e) For any mediation pertaining to unresolved issues that are submitted to compulsory

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mediation between the negotiating or bargaining agent and the school committee, pursuant to the

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provisions of this section, the state shall pay up to five thousand dollars ($5,000) of the cost of the

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mediation expenses. Any costs above five thousand dollars ($5,000) shall be shared equally

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between the bargaining unit and the school committee.

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     (f) If no agreement is reached by midnight of the expiration of the existing contract, or by

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mutual agreement of the parties at an earlier point in the mediation process, the parties shall

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submit a list of their respective unresolved issues to the mediator. If an agreement is not reached

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prior to the opening of school, teachers shall continue to work under the terms of the existing

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contract.

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     (g) The parties shall then proceed to arbitration with the composition of the arbitration

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board made in accordance with section 28-9.3-10.

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     (h) Between ten (10) and fifteen (15) days prior to the first scheduled arbitration hearing,

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the parties shall meet with the mediator and submit to the mediator their respective positions on

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each individual issue in dispute between them in the form of a last best offer.

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     (i) In the event an agreement is still not reached by the date of the first scheduled

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arbitration hearing, the parties shall proceed with arbitration. The arbitration panel shall resolve

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separately each individual disputed issue by accepting the last best offer thereon of either of the

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parities, and shall incorporate in a decision each such accepted individual last best offer. The

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decision shall be rendered within thirty (30) days of the conclusion of the arbitration hearings,

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and shall be retroactive to the expiration date of the prior contract.

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     28-9.3-10. Arbitration board -- Composition. -- (a) Within seven (7) days after

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arbitration has been requested as provided in section 28-9.3-9, the negotiating or bargaining agent

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and the school committee shall each select and name one arbitrator and shall immediately notify

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each other in writing of the name and address of the person so selected. The two (2) arbitrators

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selected and named shall, within ten (10) days from and after their selection, agree upon and

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select and name a third arbitrator, who shall be selected from a list of retired trial court judges

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and/or justices who have previously served as judges and/or justices in a Rhode Island trial court.

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If within the ten (10) days the arbitrators are unable to agree upon the selection of a third

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arbitrator, the third arbitrator shall be selected in accordance with the rules and procedure of the

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American Arbitration Association.

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      (b) If the negotiating or bargaining agent agrees with the school committee to a different

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method of selecting arbitrators, or to a lesser or greater number of arbitrators, or to any particular

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arbitrator, or if they agree to have the board of regents for elementary and secondary education

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designate the arbitrator or arbitrators to conduct the arbitration, the agreement shall govern the

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selection of arbitrators. However, if the board of regents for elementary and secondary education

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is unwilling or fails to designate the arbitrator or arbitrators, an alternative method of selection

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shall be used.

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      (c) The third arbitrator, whether selected as a result of agreement between the two (2)

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previously selected arbitrators, or selected under the rules of the American Arbitration

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Association, or by the board of regents for elementary and secondary education, or by any other

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method, shall act as chairperson.

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     28-9.3-11. Hearings. -- (a) The arbitrators shall call a hearing to be held within ten (10)

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sixty (60) days after their appointment and shall give at least seven (7) days notice in writing to

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the negotiating or bargaining agent and the school committee of the time and place of the hearing.

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The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall

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not be binding. Any documentary evidence and other data deemed relevant by the arbitrators may

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be received in evidence.

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      (b) The arbitrators shall have the power to administer oaths and to require by subpoena

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the attendance and testimony of witnesses, and the production of books, records, and other

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evidence relative or pertinent to the issues presented to them for determination. The provisions of

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this subsection shall not prohibit the respective parties from engaging in continued negotiations

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and/or from reaching a compromise agreement of their own accord, separate and apart from the

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arbitration, prior to conclusion of the arbitration.

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      (c) Both the negotiating or bargaining agent and the school committee shall have the

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right to be represented at any hearing before the arbitrators by counsel of their own choosing.

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      (d) The hearing conducted by the arbitrators shall be concluded within twenty (20) days

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of the time of commencement, and within ten (10) days after the conclusion of the hearings, the

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arbitrators shall make written findings and a written opinion upon the issues presented, a copy of

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which shall be mailed or otherwise delivered to the negotiating or bargaining agent or its attorney

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or other designated representative and the school committee.

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     28-9.3-12. Appeal from decision. -- The decision of the arbitrators shall be made public

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and shall be binding on the certified public school teachers and their representative and the school

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committee on all matters not involving the expenditure of money; provided, that nothing

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contained in this section shall prevent the representative of the certified public school teachers

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and the school committee from mutually agreeing to submit all unresolved issues to binding

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arbitration pursuant to the procedures set forth in sections 28-9.3-10 -- 28-9.3-12. In that case the

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decision of the arbitrators shall be final and binding on all matters so submitted, including those

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involving the expenditure of money, and cannot be appealed except on the ground that the

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decision was procured by fraud or that it violates the law, in which case appeals shall be to the

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superior court. The school committee shall within three (3) days after it receives the decision send

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a true copy of the decision by certified or registered mail postage prepaid to the department or

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agency which appropriates money for the operation of the schools in the city, town, or regional

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school district involved, if the decision involves the expenditure of money.

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     SECTION 2. Chapter 28-9.3 of the General Laws entitled "Certified School Teachers'

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Arbitration" is hereby amended by adding thereto the following section:

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     28-9.3-9.1. Unresolved issues in non-teacher employee disputes submitted to

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mediation or arbitration. – (a) In the event that the negotiating or bargaining agent for non-

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teacher, non-certified employees and the school committee are unable, to reach an agreement on a

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contract, within thirty (30) days from and including the date of their first meeting, either party

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may request mediation and conciliation upon any and all unresolved issues by the director of

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labor or from any other source.

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     (b) In the event that the negotiating or bargaining agent and the school committee are

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unable to reach an agreement on a contract thirty (30) days before the last day on which money

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can be appropriated by the city or town to cover the first year of the contract period, then any and

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all unresolved issues shall be submitted to the director of labor for compulsory mediation until the

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date upon which the money is scheduled to be appropriated. The director of labor or his/her

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designee may waive this requirement upon the mutual agreement of the parties.

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     (c) In the event that the negotiating or bargaining agent and the school committee are

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unable to reach an agreement on a contract, within ten (10) days of the scheduled close of school

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in June of the last year of the contract in effect any and all unresolved issues shall be submitted

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to the director of labor for compulsory mediation.

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     (d) If the parties cannot mutually agree upon a mediator within twenty-four (24) hours,

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the director of labor shall select a mediator from a panel previously established by the director

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comprised of persons knowledgeable in the field of labor management relations to mediate the

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dispute. The department of labor is hereby empowered to compel the attendance of all the parties

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to any and all meetings it deems necessary until the dispute is resolved.

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     (e) If no agreement is reached by midnight of the expiration of the existing contract, or by

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mutual agreement of the parties at an earlier point in the mediation process, the parties shall

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submit a list of their respective unresolved issues to the mediator. If an agreement is not reached

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prior to the opening of school, employees shall continue to work under the terms of the existing

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contract.

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     (f) The parties shall then proceed to arbitration with the composition of the arbitration

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board made in accordance with section 28-9.3-10.

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     (g) Between ten (10) and fifteen (15) days prior to the first scheduled arbitration hearing,

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     the parties shall meet with the mediator and submit to the mediator their respective positions on

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each individual issue in dispute between them in the form of a last best offer.

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     (h) In the event an agreement is still not reached by the date of the first scheduled

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arbitration hearing, the parties shall proceed with arbitration. The arbitration panel shall resolve

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separately each individual disputed issue by accepting the last best offer thereon of either of the

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parties, and shall incorporate in its decision each such accepted individual last best offer. The

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decision shall be rendered within thirty (30) days of the conclusion of the arbitration hearings,

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and shall be retroactive to the expiration date of the prior contract.

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     28-9.3-9.2 Conduct of teachers during arbitration -- Proceedings. – No certified

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public school teacher shall participate in a strike.

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     28-9.3-9.2.1 Factors to be considered by the arbitration board. – The arbitrators shall

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conduct the hearing and render their decision upon the basis of a prompt, peaceful and just

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settlement of wage or hour disputes or working conditions and terms and conditions of

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professional employment between the teachers and the school committee by which they are

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employed. The factors to be considered by the arbitration board shall include, but are not limited

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to, the following:

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     (1) The interest and welfare of the students, teachers, and taxpayers;

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     (2) The city or town’s ability to pay;

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     (3) Comparison of compensation, benefits and conditions of employment of the school

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district in question with compensation, benefits and conditions of employment maintained for

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other Rhode Island public school teachers;

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     (4) Comparison of compensation, benefits and conditions of employment of the school

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district in question with compensation, benefits and conditions of employment maintained for the

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same or similar skills under the same or similar working conditions in the local operating area

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involved; and

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     (5) Comparison of education qualification and professional development requirements in

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regard to other professions.

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     SECTION 3. Section 28-9.4-10 of the General Laws in Chapter 28-9.4 entitled

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"Municipal Employees' Arbitration" is hereby amended to read as follows:

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     28-9.4-10. Unresolved issues submitted to mediation or arbitration. -- (a) In the event

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that the negotiating or bargaining agent and the municipal employer are unable after thirty (30)

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days from and including the date of their first meeting to reach an agreement on a contract, either

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of them may request mediation and conciliation upon any and all unresolved issues by the

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director of labor and training or from any other source. After a request for mediation and

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conciliation has been made by either party, it shall be the duty and obligation of each party to

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participate in the mediation and conciliation. If mediation and conciliation fail or are not

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requested at any time after the thirty (30) days, either party may request that any and all

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unresolved issues shall be submitted to arbitration by sending the request by certified mail

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postage prepaid to the other party, setting forth the issues to be arbitrated; provided, however, that

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mediation and arbitration for certified school teachers shall be conducted pursuant to the

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provisions of chapter 28-9.3, entitled “Certified School Teachers’ Arbitration,” and certified

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school teachers shall not be subject to mediation and/or arbitration pursuant to the provisions of

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this chapter.

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      (b) In the event that the negotiating or bargaining agent and the municipal employer are

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unable to reach an agreement on a contract thirty (30) days before the last day on which money

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can be appropriated by the city or town to cover the first year of the contract period, then any and

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all unresolved issues shall be submitted to the director of labor and training for compulsory

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mediation until the date upon which the money is scheduled to be appropriated. The director of

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labor and training, or his or her designee, may waive this requirement upon the mutual agreement

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of the parties.

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      (c) In the event that the negotiating or bargaining agent and the municipal employer are

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unable within ten (10) days of the expiration of the contract to reach an agreement on a contract,

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any and all unresolved issues shall be submitted to the director of labor and training for

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compulsory mediation, except where the municipal employer is a school board. In the event that

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the negotiating or bargaining agent and the municipal employer school board are unable within

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thirty (30) days of the scheduled opening of school to reach an agreement on a contract, any and

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all unresolved issues shall be submitted to the director of labor and training for compulsory

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mediation.

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      (d) If the parties cannot mutually agree upon a mediator within twenty-four (24) hours,

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the director of labor and training shall select a mediator from a panel previously established by

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the director comprised of persons knowledgeable in the field of labor management relations to

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mediate the dispute. The department of labor and training is empowered to compel the attendance

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of all parties to any and all meetings it deems necessary until the dispute is resolved.

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     SECTION 3. This act shall take effect upon passage.

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LC01376

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- SCHOOL EMPLOYEE

ARBITRATION

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     This act would expand the scope of the binding arbitration process to include monetary

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issues for teachers and non-teacher educational employees. It would also streamline the actual

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binding arbitration process itself.

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     This act would take effect upon passage.

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LC01376

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