2012 -- S 2258

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LC00074

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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 EDUCATION -- TEACHERS' RIGHT TO WORK

     Introduced By: Senators Kettle, Shibley, and Maher

     Date Introduced: January 26, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

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by adding thereto the following chapter:

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     CHAPTER 13.1

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TEACHERS' RIGHT TO WORK

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     16-13.1-1. Short title. -- This chapter shall be known and may be cited as the “Teachers’

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Right to Work Act.”

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     16-13.1-2. Definitions. -- As used in this chapter, unless the context clearly requires

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otherwise, the following terms shall have the following meanings:

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     (1) “Employer” means all persons, firms, associations, or corporations, acting as public

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school employers, public colleges, universities, institutions, or education agencies.

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     (2) “Labor organization” means any organization of any kind, or agency or employee

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representation committee or union, which exists for the purpose, in whole or in part, of dealing

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with employers concerning wages, rates of pay, hours of work, other conditions of employment,

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or other forms of compensation.

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     (3) “Teacher” means any teacher, teacher’s aide or specialist working in an educational

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setting.

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     16-13.1-3. Right to refrain. -- (a) No teacher shall be required, as a condition or

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continuation of employment, to:

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     (1) Become or remain a member of a labor organization;

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     (2) Pay any dues, fees, assessment, or other similar charges, however denominated, of

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any kind or amount to a labor organization; or

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     (3) Pay to any charity or other third-party, in lieu of such payments, any amount

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equivalent to or pro rate portion of dues, fees, assessments, or other charges required of members

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of a labor organization.

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     16-13.1-4. Agreements in violation. -- Any agreement, understanding or practice,

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written or oral, implied or expressed, between any labor organization and employer which

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violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to

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be unlawful, null and void, and of no legal effect.

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     16-13.1-5. Penalty jurisdiction. -- Any person who directly or indirectly violates any

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provision of this chapter shall be guilty of a misdemeanor. The superior court shall have

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jurisdiction to hear and determine any violation of this chapter.

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     16-13.1-6. Injunctive relief. -- Any teacher injured as a result of any violation or

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threatened violation of the provisions of this chapter shall be entitled to injunctive relief against

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any and all violators or persons threatening violations.

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     16-13.1-7. Damages. -- Any teacher injured as a result of any violation or threatened

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violation of the provisions of this chapter shall recover any and all damages, including costs and

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reasonable attorney fees, of any character resulting from such violation or threatened violation.

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Such remedies shall be independent of and in addition to the penalties and remedies proscribed in

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other provisions of this chapter.

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     16-13.1-8. Duty to investigate and enforce. -- It shall be the duty of the attorney general

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of this state to investigate complaints of violation or threatened violations of this chapter and to

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prosecute all persons violating any of its provisions, and to take all means at his or her command

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to ensure effective enforcement.

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     16-13.1-9. Right to bargain independently. -- Each teacher availing himself or herself

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of the protections afforded by this chapter shall have the right to bargain independently with the

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educational institution or system by which he or she is or is to be employed as to the terms and

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conditions of his or her employment.

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     16-13.1-10. Exceptions. -- The provisions of this chapter shall not apply:

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     (1) To federal employers and employees;

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     (2) To employers and employees on exclusive federal enclaves;

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     (3) Where they would otherwise conflict with, or be pre-empted by, federal law; or

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     (4) To any employment contract entered into before the effective date of this chapter,

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provided, however, that the provisions of this chapter shall apply to any renewal or extension of

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any existing contract.

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     16-13.1-11. Severability clause. -- If any provision of this chapter or the application of

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any such provision to any person or circumstance should be held invalid by a court of competent

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jurisdiction, the remainder of this chapter or the application of its provisions to persons or

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circumstances other than those to which it is held invalid shall not be affected thereby.

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     SECTION 2. This act shall take effect upon passage.

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LC00074

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- TEACHERS' RIGHT TO WORK

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     This act would enact the Rhode Island teachers’ right to work act, making union

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membership and union dues voluntary, and enabling those exercising their rights thereunder to

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bargain independently with their employers.

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     This act would take effect upon passage.

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LC00074

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