2012 -- S 2300

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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 - BINDING ARBITRATION

     

     

     Introduced By: Senators Kettle, Shibley, and Maher

     Date Introduced: February 01, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-9.1-9 of the General Laws in Chapter 28-9.1 entitled

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"Firefighters' Arbitration" is hereby amended to read as follows:

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     28-9.1-9. Hearings. -- (a) The arbitration board shall, acting through its chairperson, call

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

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

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

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

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

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the arbitrators may 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.

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      (c) 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 bargaining agent or its attorney or otherwise

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designated representative and the corporate authorities.

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      (d) A majority decision of the arbitrators shall be binding upon both the bargaining agent

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and the corporate authorities.

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     (e) Firefighters in the town of Scituate shall not be subject to binding arbitration.

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     SECTION 2. Section 28-9.2-9 of the General Laws in Chapter 28-9.2 entitled "Municipal

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Police Arbitration" is hereby amended to read as follows:

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     28-9.2-9. Hearings. -- (a) The arbitration board shall, acting through its chairperson, call

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

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

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

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

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

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the arbitrators may 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.

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      (c) 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 bargaining agent or its attorney or otherwise

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delegated representative and to the corporate authorities.

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      (d) A majority decision of the arbitrators is binding on both the bargaining agent and the

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corporate authorities.

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     (e) Municipal police in the town of Scituate shall not be subject to binding arbitration.

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     SECTION 3. This act shall take effect upon passage.

     

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LC00928

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - BINDING ARBITRATION

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     This act would eliminate binding arbitration for Scituate police and firefighters.

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     This act would take effect upon passage.

     

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LC00928

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S2300