2012 -- H 7885

=======

LC01772

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND RESOURCE

RECOVERY CORPORATION ARBITRATION

     Introduced By: Representatives Carnevale, Ucci, Fellela, Petrarca, and DaSilva

     Date Introduced: March 01, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

1-2

RELATIONS" is hereby amended by adding thereto the following chapter:

1-3

     CHAPTER 9.8

1-4

RHODE ISLAND RESOURCE RECOVERY CORPORATION ARBITRATION

1-5

     28-9.8-1. Short title. – This chapter may be cited as the “Rhode Island Resource

1-6

Recovery Corporation Arbitration Act”.

1-7

     28-9.8-2. Statement of policy. – (a) The protection of the public health, safety, and

1-8

welfare demands that the full-time employees of the Rhode Island resource recovery corporation

1-9

of the state of Rhode Island not be accorded the right to strike or engage in any work stoppage or

1-10

slowdown. This necessary prohibition does not require the denial to such state employees of other

1-11

well recognized rights of labor, such as the right to organize, to be represented by an organization

1-12

of their choice, and the right to bargain collectively concerning wages, rates of pay, and other

1-13

terms and conditions of employment.

1-14

     (b) It is declared to be the public policy of this state to accord to the full-time employees

1-15

all of the rights of labor other than the right to strike or engage in any work stoppage or

1-16

slowdown. To provide for the exercise of these rights, a method of arbitration of disputes is

1-17

established.

1-18

     (c) The establishment of this method of arbitration shall not, in any way, be deemed to be

1-19

recognition by the state of compulsory arbitration as a superior method of settling labor disputes

2-1

between employees who possess the right to strike and their employers, but rather is a recognition

2-2

solely of the necessity to provide some alternative mode of settling disputes where employees

2-3

must as a matter of public policy be denied the usual right to strike.

2-4

     28-9.8-3. Definitions. – As used in this chapter. the following terms, unless the context

2-5

requires a different interpretation, have the following meanings:

2-6

     (1) Rhode Island resource recovery corporation employees” means the full-time

2-7

employees of the Rhode Island resource recovery corporation of the state of Rhode Island.

2-8

      (2) “State authorities” means the proper officials of the state whose duty or duties it is to

2-9

establish the wages, salaries, rates of pay, hours, working conditions, and other terms and

2-10

conditions of employment of Rhode Island resource recovery corporation.

2-11

     28-9.8-4. Right to organize and bargain collectively. – The Rhode Island resource

2-12

recovery corporation employees shall have the right to bargain collectively with the state of

2-13

Rhode Island and to be represented by an organization in the collective bargaining as to wages,

2-14

rates of pay, hours, working conditions, and all other terms and conditions of employment.

2-15

     28-9.8-5. Recognition of bargaining agent. – The organization selected by the majority

2-16

of the Rhode Island resource recovery corporation employees shall be recognized by the state as

2-17

the sole and exclusive bargaining agent or all of the Rhode Island resource recovery corporation

2-18

employees unless and until recognition of the organization is withdrawn by vote of a majority of

2-19

the Rhode Island resource recovery corporation employees. The labor organization or state may

2-20

designate any person or persons to negotiate or bargain on its behalf provided, that the person or

2-21

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

2-22

collective-bargaining agreement.

2-23

     28-9.8-6. Obligation to bargain. – It shall be the obligation of the state, acting through

2-24

state authorities, to meet and confer in good faith with the designated representative or

2-25

representatives of the bargaining agent, including any legal counsel selected by the bargaining

2-26

agent, within ten (10) days after receipt of written notice from the bargaining agent of the request

2-27

for a meeting for collective bargaining purposes. This obligation includes the duty to cause any

2-28

agreement resulting from the negotiations to be reduced to a written contract; provided, that no

2-29

contract shall exceed the term of three (3) years.

2-30

     28-9.8-7. Unresolved issues submitted to arbitration. – In the event that the bargaining

2-31

agent and the state authorities are unable, within thirty (30) days from, and including the date of

2-32

their first meeting to reach an agreement on a contract, any unresolved issues shall be submitted

2-33

to arbitration.

3-34

     28-9.8-8. Arbitration board -- Composition. – (a) Within five (5) days from the

3-35

expiration of the thirty (30) day period referred to in section 28-9.8-7, the bargaining agent and

3-36

the state authorities shall each select and name one arbitrator and shall immediately notify each

3-37

other, in writing, of the name and address of the person selected.

3-38

     (b) The two (2) arbitrators selected and named shall, within ten (10) days from and after

3-39

the expiration of the five (5) day period above, agree upon and select and name a third arbitrator.

3-40

If, on the expiration of the period allowed, the arbitrators are unable to agree upon the selection of

3-41

a third arbitrator, the chief justice of the Rhode Island supreme court shall select a resident of

3-42

Rhode Island, or a person whose place of business or principal place of employment is in Rhode

3-43

Island, as the third arbitrator upon request, in writing, from either the bargaining agent or the state

3-44

authorities.

3-45

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

3-46

previously selected arbitrators or selected by the chief justice, shall act as chairperson of the

3-47

arbitration board.

3-48

     28-9.8-9. Hearings. – (a) (1) The arbitration board shall, acting through its chairperson,

3-49

call a hearing to be held within ten (10) days after the date of the appointment of the chairperson,

3-50

and shall, acting through its chairperson, give at least seven (7) days notice, in writing, to each of

3-51

the other two (2) arbitrators, the bargaining agent, and the state authorities of the time and place

3-52

of the hearing.

3-53

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

3-54

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

3-55

relevant by the arbitrators may be received in evidence.

3-56

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

3-57

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

3-58

evidence relative or pertinent to the issues presented to them for determination. (b) The hearing

3-59

conducted by the arbitrators shall be concluded within twenty (20) days of the time of

3-60

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

3-61

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

3-62

mailed or otherwise delivered to the bargaining agent or its attorney or otherwise delegated

3-63

representative and to the state authorities. A majority decision of the arbitrators shall be binding

3-64

upon both the bargaining agent and the state authorities.

3-65

     28-9.8-10. Factors to be considered by arbitration board. – The arbitrators shall

3-66

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

3-67

settlement of wage or hour disputes between the Rhode Island resource recovery corporation

3-68

employees and the state. The factors, among others, to be given weight by the arbitrators in

4-1

arriving at a decision shall include:

4-2

     (1) Comparison of wage rates or hourly conditions of employment of the Rhode Island

4-3

resource recovery corporation employees with prevailing wage rates or hourly conditions of

4-4

employment of skilled employees of the building trades and industry in the state.

4-5

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

4-6

resource recovery corporations employees with wage rates or hourly conditions of employment

4-7

Resource Recovery employees in other states.

4-8

     (3) Interest and welfare of the public.

4-9

     (4) Comparison of peculiarities of employment in regard to other trades or professions,

4-10

specifically:

4-11

     (i) Hazards of employment;

4-12

     (ii) Physical qualifications;

4-13

     (iii) Educational qualifications;

4-14

     (iv) Mental qualifications;

4-15

     (v) Job training and skills.

4-16

     28-9.8-11. Fees and expenses of arbitration. – Fees and necessary expenses of

4-17

arbitration shall be equally borne by the bargaining agent and the state. Notwithstanding any

4-18

other remedies which a court appointed arbitrator appointed by the chief justice pursuant to

4-19

section 28-9.8-8 may have, the arbitrator or a party who has paid its share of the fees and

4-20

necessary expenses of a court appointed arbitrator may petition the superior court for sanctions

4-21

against the party failing to make timely payment of its share of the arbitrator’s fees and expenses,

4-22

and the superior court is authorized to enforce the sanctions against the nonpaying party,

4-23

including, but not limited to, contempt powers pursuant to section 8-6-1.

4-24

     28-9.8-12. Collective bargaining contract. – Any agreements actually negotiated

4-25

between the bargaining agent and the state authorities either before or within thirty (30) days after

4-26

arbitration shall constitute the collective bargaining contract governing Rhode Island resource

4-27

recovery employees and the state for the period stated in the agreement; provided, that the period

4-28

shall not exceed three (3) years. Any collective-bargaining agreement negotiated under the terms

4-29

and provisions of this chapter shall specifically provide that the Rhode Island resource recovery

4-30

corporation employees who are subject to its terms shall have no right to engage in any work

4-31

stoppage, slowdown, or strike, the consideration for the provision being the right to a resolution

4-32

of disputed questions.

4-33

     28-9.8-13. Request for collective bargaining. – Whenever wages, rates of pay, or any

4-34

other matter requiring appropriation of money by the state are included as a matter of collective

5-1

bargaining conducted under the provisions of this chapter, it is the obligation of the bargaining

5-2

agent to serve written notice of request for collective bargaining on the state authorities at least

5-3

one hundred twenty (120) days before the last day on which money can be appropriated by the

5-4

state to cover the contract period which is the subject of the collective bargaining procedure.

5-5

     28-9.8-14. Writ of certiorari to the supreme court. – The sole avenue of review of a

5-6

decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of

5-7

certiorari to the supreme court. In the event a decision of the arbitration panel is sought to be

5-8

reviewed by writ of certiorari to the supreme court, the matter shall be given priority by the

5-9

supreme court.

5-10

     28-9.8-15. Attorneys’ fees, costs, and interest. – In the event either the bargaining agent

5-11

or the state authorities files a petition for writ of certiorari to the supreme court of the state of

5-12

Rhode Island for a review or modification of a majority decision of the arbitrators, which by the

5-13

provisions of section 28-9.8-9 is binding upon both the bargaining agent and the state authorities,

5-14

the party against whom the decision of the supreme court is adverse, if the supreme court finds

5-15

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

5-16

successful party as determined by the supreme court, and the supreme court shall in its final

5-17

decision or judgment award the costs and reasonable attorneys’ fees. If the final decision affirms

5-18

the award of money, the award, if retroactive, shall bear interest at the rate of eight percent (8%)

5-19

per annum from the effective retroactive date.

5-20

     28-9.8-16. Severability. – If any provision of this chapter, or its application to any person

5-21

or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this

5-22

chapter and the application of the provisions to other persons or circumstances, other than those

5-23

to which it is held invalid, shall not be affected by the invalidity.

5-24

     28-9.8-17. Affirmative action provisions. – The commissioners of the Rhode Island

5-25

resource recovery corporation shall include proposals for affirmative action provisions as a

5-26

subject for all collective bargaining negotiations. The proposals shall include at a minimum, but

5-27

not limited to, the following personnel actions; recruitment; new hires; promotions; transfers;

5-28

terminations: training and education: layoffs and return from layoff.

5-29

     SECTION 2. Section 23-19-8 of the General Laws in Chapter 23-19 entitled "Rhode

5-30

Island resource recovery corporation" is hereby amended to read as follows:

5-31

     23-19-8. Employment of executive director and support services -- Books and

5-32

records. -- (a) The commissioners shall employ an executive director who shall administer,

5-33

manage, and direct the offices and business of the corporation, subject to the policies, control, and

5-34

direction of the commissioners. The commissioners may employ technical experts and other

6-1

officers, agents, and staff, and fix their qualifications, duties, and compensation. The executive

6-2

director and the technical experts, officers, agents, and staff and attorneys so employed shall not

6-3

be subject to the provisions of the classified service. The board of commissioners may delegate to

6-4

one or more of its agents or employees those administrative duties that it may deem proper to

6-5

accomplish its purposes. The corporation may request that the director of the department of

6-6

environmental management provide within the department of environmental management

6-7

facilities, administrative support, staff services, and any other services that shall be necessary for

6-8

the proper performance of the powers and duties of the corporation.

6-9

      (b) The executive director shall also be the secretary and shall keep a record of the

6-10

proceedings of the corporation and shall be custodian of all books, documents, and papers filed

6-11

with the corporation and of its minutes, books, and seal. The executive director shall have the

6-12

authority to cause to be made copies of all minutes and other records and documents of the

6-13

corporation, and to give certificate under the seal of the corporation that the copies are true copies

6-14

and all persons dealing with the corporation may rely upon the certificate, except in the case

6-15

where a secretary's certificate is required to attest to an action of the executive director, in which

6-16

instance the deputy executive director shall have the authority to give certificate under the seal of

6-17

the corporation as secretary.

6-18

     (c) Notwithstanding any other provisions of this section, or any provision of general or

6-19

public laws to the contrary, nothing in this chapter shall be construed to prevent full-time

6-20

employees of the Rhode Island resource recovery corporation from availing themselves of the

6-21

provision of chapter 28-9.8, the “Rhode Island Resource Recovery Corporation Arbitration Act.”

6-22

     SECTION 3. This act shall take effect upon passage.

=======

LC01772

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND RESOURCE

RECOVERY CORPORATION ARBITRATION

***

7-1

     This act would authorize all full-time employees of the Rhode Island resource recovery

7-2

corporation to collectively bargain and engage in grievance and interest arbitrations.

7-3

     This act would take effect upon passage.

=======

LC01772

=======