2012 -- H 7620

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LC01341

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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 - MUNICIPAL EMPLOYEE

ARBITRATION

     Introduced By: Representative Donald J. Lally

     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 28-9.4-1, 28-9.4-3, 28-9.4-4, 28-9.4-12 and 28-9.4-13 of the

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General Laws in Chapter 28-9.4 entitled "Municipal Employees' Arbitration" are hereby amended

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to read as follows:

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     28-9.4-1. Declaration of policy -- Purpose. – (a) It is declared to be the public policy of

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this state to accord to municipal employees as hereinafter defined, the right to organize, to be

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represented, to negotiate, and to bargain on a collective basis with municipal employers, as

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hereinafter defined covering concerning hours, salary, working conditions wages, rates of pay,

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and other terms and conditions of employment; provided, that nothing contained in this chapter

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shall be construed to accord to municipal employees the right to strike.

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     (b) To provide for the exercise of these rights, a method of arbitration of disputes is

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hereby established. The establishment of this method of arbitration shall not, however, in any

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way whatsoever, be deemed to be a recognition by the state of compulsory arbitration as a

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superior method of settling labor disputes between employees who possess the right to strike and

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their employers, but rather shall be deemed to be a recognition solely of the necessity to provide

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some alternative mode of settling disputes where employees must, as a matter of public policy, be

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denied the usual right to strike.

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     28-9.4-3. Right to organize and bargain collectively. -- (a) The municipal employees of

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any municipal employer in any city, town, or regional school district shall have the right to

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negotiate and to bargain collectively with their respective municipal employers and to be

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represented by an employee organization in the negotiation or collective bargaining concerning

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hours, salary, working conditions, wages, rates of pay, and all other terms and conditions of

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employment.

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      (b) Notwithstanding the provisions of subsection (a), for those municipal employees who

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are employed by school districts, collective bargaining agreements shall not provide for benefits

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for health care ("benefit plans") for school district employees unless such benefit plans are

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authorized in accordance with chapter 27-73. School district employees whose collective

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bargaining agreements expire on or after September 30, 2011 may, upon expiration of such

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collective bargaining agreements, receive benefit plans including, but not limited to, those

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recommended in accordance with chapter 27-73.

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     28-9.4-4. Recognition of bargaining agent. -- The employee organization selected by

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the municipal employees in an appropriate bargaining unit, as determined by the state labor

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relations board, shall be recognized by the municipal employer or the city, town, or district as the

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sole and exclusive negotiating or bargaining agent for all of the municipal employees in the

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appropriate bargaining unit in the city, town, or school district unless and until recognition of the

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employee organization is withdrawn or changed by vote of the municipal employees in the

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appropriate bargaining unit after a duly conducted election held pursuant to the provisions of this

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chapter. An employee organization or the municipal employer may designate any person or

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persons to negotiate or bargain in its behalf; provided, however, that the person or persons so

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designated shall be given the authority to enter into and conclude an effective and binding

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collective bargaining agreement.

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     28-9.4-12. Hearings. -- (a) The arbitrators shall call a hearing to be held within ten (10)

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

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negotiating or bargaining agent and the municipal employer of the time and place of the hearing.

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      (b) The hearing shall be informal, and the rules of evidence prevailing in judicial

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proceedings shall not be binding. Any and all documentary evidence and other data deemed

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relevant by the arbitrators may be received in evidence.

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      (c) 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.

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      (d) Both the negotiating or bargaining agent and the municipal employer 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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      (e) 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 municipal employer. A majority decision of the

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arbitrators shall be final and binding upon both the bargaining agent and the municipal employer.

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     28-9.4-13. Appeal from decision. -- (a) The decision of the arbitrators shall be made

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public and shall be binding upon the municipal employees in the appropriate bargaining unit and

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their representative and the municipal employer on all matters not involving the expenditure of

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money.

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      (b) The decision of the arbitrators shall be final and cannot be appealed except on the

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

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shall be to the superior court.

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      (c) The municipal employer 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 of the municipal employer responsible for the preparation of the budget and to the agency

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of the municipal employer which appropriates money for the operation of the particular municipal

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function or service in the city, town, or regional school district involved, if the decision involves

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the expenditure of money.

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     SECTION 2. Chapter 28-9.4 of the General Laws entitled "Municipal Employees'

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

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     28-9.4-10.1. Continuance of contractual provisions. -- All contractual provisions

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contained in a collective bargaining agreement entered into pursuant to the provisions of this

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chapter shall continue in the following collective bargaining agreement unless either the

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bargaining agent or the corporate authority shall, in writing, within the thirty (30) day period

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referred to in section 28-9.4-10, propose a change in any contractual provision. In the event that

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at the conclusion of the thirty (30) day period referred to in section 28-9.4-10 a successor

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collective bargaining agreement has not been agreed to by the parties, then all contractual benefits

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in effect in the predecessor agreement shall continue to be in effect and enforceable until such

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time as a successor agreement has been reached between the parties or an arbitration award has

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been rendered.

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     28-9.4-12.1. Factors to be considered by arbitration board. -- (a) The arbitrators shall

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

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settlement of wages, rates of pay, hours or term and conditions of employment disputes, between

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the municipal employees and the municipal employer by which they are employed. The factors

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among others, to be given weight by the arbitrators in arriving at a decision shall include:

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     (1) Comparison of wage rates or hourly conditions of employment of a municipal

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employer in question with prevailing wage rates or hourly conditions of employment of skilled

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employees of the building trades and industry in the local operating area involved;

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     (2) Comparison of wage rates or hourly conditions of employment of the municipal

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employer in question with wage rates or hourly conditions of employment maintained for the

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same or similar work of employees exhibiting like or similar skills under the same or similar

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working conditions in the local operating area involved;

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     (3) Comparison of wage rates or hourly conditions of employment of the municipal

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employer in question with wage rates or hourly conditions of employment of municipal

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employers in cities or towns of comparable size;

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     (4) Interest and welfare of the public;

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     (5) Comparison of peculiarities of employment in regards to other trades or professions,

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specifically:

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     (i) Hazards of employment;

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     (ii) Physical qualifications;

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     (iii) Educational qualifications;

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     (iv) Mental qualifications; and

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     (v) Job training and skills.

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     28-9.4-13.1. Writ of certiorari to the supreme court. – In the event a decision of the

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arbitration panel is sought to be reviewed by writ of certiorari to the supreme court, then said

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matter shall be given priority by the supreme court.

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     28-9.4-14.1. Attorneys' fees - costs - interest. – In the event neither the bargaining agent

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or the corporate authorities shall appeal or petition to any court, tribunal or forum of competent

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jurisdiction within the state of Rhode Island for review or modification of a majority decision of

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the arbitrators, which by the provisions of section 28-9.4-12 is binding upon both the bargaining

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agent and the corporate authorities, the party against whom the final decision of any such court,

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tribunal or forum of competent jurisdiction shall be adverse, if such court, tribunal or forum finds

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such appeal or petition to be frivolous shall pay reasonable attorneys’ fees and costs to the

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successful party as determined by the court, tribunal or forum of competent jurisdiction shall in

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its final decision or judgment therein award such costs and reasonable attorneys’ fees; and if such

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final decision affirms the award of money, such award, if retroactive, shall bear interest at the rate

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of eight per centum (8%) per annum from the effective retroactive date.

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     SECTION 3. This act shall take effect upon passage.

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LC01341

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - MUNICIPAL EMPLOYEE

ARBITRATION

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     This act would expand the matters that may be decided by a municipal employee interest

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arbitrator panel. It would require the continuance of the contractual provisions, after the

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expiration of the collective bargaining agreement. Finally, it establishes factors to be considered

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by the arbitration board.

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     This act would take effect upon passage.

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LC01341

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