2013 -- S 0150

=======

LC00233

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO EDUCATION -- TEACHERS' RIGHT TO WORK

     Introduced By: Senator Nicholas D. Kettle

     Date Introduced: January 24, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

1-1

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

1-2

by adding thereto the following chapter:

1-3

     CHAPTER 13.1

1-4

TEACHERS' RIGHT TO WORK

1-5

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

1-6

Right to Work Act.”

1-7

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

1-8

otherwise, the following terms shall have the following meanings:

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

or other forms of compensation.

1-15

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

1-16

setting.

1-17

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

1-18

continuation of employment, to:

1-19

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

2-20

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

2-21

any kind or amount to a labor organization; or

2-22

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

2-23

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

2-24

of a labor organization.

2-25

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

2-26

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

2-27

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

2-28

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

2-29

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

2-30

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

2-31

jurisdiction to hear and determine any violation of this chapter.

2-32

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

2-33

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

2-34

any and all violators or persons threatening violations.

2-35

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

2-36

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

2-37

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

2-38

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

2-39

other provisions of this chapter.

2-40

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

2-41

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

2-42

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

2-43

to ensure effective enforcement.

2-44

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

2-45

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

2-46

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

2-47

conditions of his or her employment.

2-48

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

2-49

     (1) To federal employers and employees;

2-50

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

2-51

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

2-52

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

2-53

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

2-54

any existing contract.

3-1

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

3-2

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

3-3

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

3-4

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

3-5

     SECTION 2. This act shall take effect upon passage.

=======

LC00233

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- TEACHERS' RIGHT TO WORK

***

4-1

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

4-2

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

4-3

bargain independently with their employers.

4-4

     This act would take effect upon passage.

=======

LC00233

=======