2012 -- S 2526

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LC01322

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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 -- RHODE ISLAND RESOURCE

RECOVERY CORPORATION ARBITRATION

     Introduced By: Senators Doyle, Miller, Jabour, and DiPalma

     Date Introduced: February 16, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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

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

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     CHAPTER 9.8

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RHODE ISLAND RESOURCE RECOVERY CORPORATION ARBITRATION

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

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Recovery Corporation Arbitration Act”.

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

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

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

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

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

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

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terms and conditions of employment.

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

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

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

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established.

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

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

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

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

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

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

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requires a different interpretation, have the following meanings:

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

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

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

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

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conditions of employment of Rhode Island resource recovery corporation.

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

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

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

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

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

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

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

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

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

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

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

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collective-bargaining agreement.

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

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

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

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

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

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

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

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

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

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

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to arbitration.

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

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

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

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

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

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the expiration of the five (5) day period above, agree upon and select and name a third (3rd)

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

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selection of a third (3rd) arbitrator, the chief justice of the Rhode Island supreme court shall select

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

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is in Rhode Island, as the third (3rd) arbitrator upon request, in writing, from either the bargaining

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agent or the state authorities.

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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 by the chief justice, shall act as chairperson of the

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arbitration board.

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

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

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

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

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of the hearing.

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     (2) 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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     (3) 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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     (b) 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 state authorities. A majority decision of the arbitrators shall be

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binding upon both the bargaining agent and the state authorities.

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     28-9.8-10. Factors to be considered by arbitration board. – 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 wage or hour disputes between the Rhode Island resource recovery corporation

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

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arriving at a decision shall include:

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

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

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

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

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

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Resource Recovery employees in other states.

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     (3) Interest and welfare of the public.

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     (4) Comparison of peculiarities of employment in regard 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;

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     (v) Job training and skills.

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

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

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

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

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

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

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

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

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

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

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arbitration shall constitute the collective bargaining contract governing Rhode Island resource

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

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

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

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

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

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of disputed questions.

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

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

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

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

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

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

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

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

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

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

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supreme court.

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

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

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

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

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

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the 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 supreme court, and the supreme court shall in its final

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

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

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per annum from the effective retroactive date.

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     28-9.8-16. Affirmative action provisions. – The commissioners of the Rhode Island

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

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

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

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

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     28-9.8-17. Severability. – If any provision of this chapter, or its application to any person

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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environmental management provide within the department of environmental management

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

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

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

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

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

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

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

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

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

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

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the corporation as secretary.

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

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

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

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

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     SECTION 3. This act shall take effect upon passage.

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LC01322

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND RESOURCE

RECOVERY CORPORATION ARBITRATION

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     This act would provide for arbitration of all labor disputes for the full-time employees of

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the Rhode Island resource recovery corporation.

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     This act would take effect upon passage.

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LC01322

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