2014 -- H 7633 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - MUNICIPAL EMPLOYEES

ARBITRATION

     Introduced By: Representative Patricia A.Serpa

     Date Introduced: February 26, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-9.1-6 of the General Laws in Chapter 28-9.1 entitled

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

     28-9.1-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting

through its corporate authorities, to meet and confer in good faith with the representative or

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

the bargaining agent of the request for a meeting for collective bargaining purposes. This

obligation shall include the duty to cause any agreement resulting from the negotiations to be

reduced to a written contract, provided that no contract shall exceed the term of one year, unless a

longer period is agreed upon in writing by the corporate authorities and the bargaining agents, but

in no event shall the contract exceed the term of three (3) years unless a budget commission or a

receiver has been appointed for a municipality pursuant to Cchapter 45-9, 9 of title 45 in which

case or if a municipality has a locally administered pension plan in "critical status" and is required

to submit a funding improvement plan pursuant to § 45-65-6(2), in either of which case the

contract shall not exceed the term of five (5) years. An unfair labor practice charge may be

complained of by either the employer's representative or the bargaining agent to the state labor

relations board which shall deal with the complaint in the manner provided in chapter 7 of this

title.

     SECTION 2. Section 28-9.2-6 of the General Laws in Chapter 28-9.2 entitled "Municipal

Police Arbitration" is hereby amended to read as follows:

     28-9.2-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting

through its corporate authorities, to meet and confer in good faith with the designated

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

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

of the request for a meeting for collective bargaining purposes. This obligation includes the duty

to cause any agreement resulting from the negotiations to be reduced to a written contract,

provided that no contract shall exceed the term of one year, unless a longer period is agreed upon

in writing by the corporate authorities and the bargaining agent, but in no event shall the contract

exceed the term of three (3) years unless a budget commission or a receiver has been appointed

for a municipality pursuant to chapter 45-9, 9 of title 45 in which case or if a municipality has a

locally administered pension plan in "critical status" and is required to submit a funding

improvement plan pursuant to § 45-65-6(2), in either of which case the contract shall not exceed

the term of five (5) years. An unfair labor charge may be complained of by either the employer's

representative or the bargaining agent to the state labor relations board which shall deal with the

complaint in the manner provided in chapter 7 of this title.

     SECTION 3. Section 28-9.3-4 of the General Laws in Chapter 28-9.3 entitled "Certified

School Teachers' Arbitration" is hereby amended to read as follows:

     28-9.3-4. Obligation to bargain. -- It shall be the obligation of the school committee to

meet and confer in good faith with the representative or representatives of the negotiating or

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

for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty

to cause any agreement resulting from negotiations or bargaining to be reduced to a written

contract; provided, that no contract shall exceed the term of three (3) years unless a budget

commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, 9 of

title 45 or if a municipality has a locally administered pension plan in "critical status" and is

required to submit a funding improvement plan pursuant to § 45-65-6(2), in which either case the

contract shall not exceed the term of five (5) years. An unfair labor practice charge may be

complained of by either the bargaining agent or the school committee to the state labor relations

board which shall deal with the complaint in the manner provided in chapter 7 of this title.

     SECTION 4. Section 28-9.4-5 of the General Laws in Chapter 28-9.4 entitled "Municipal

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

     28-9.4-5. Obligation to bargain. -- It shall be the obligation of the municipal employer

to meet and confer in good faith with the representative or representatives of the negotiating or

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

for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty

to cause any agreement resulting from negotiation or bargaining to be reduced to a written

contract; provided, that no contract shall exceed the term of three (3) years unless a budget

commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, 9 of

title 45 in which case or if a municipality has a locally administered pension plan in "critical

status" and is required to submit a funding improvement plan pursuant to § 45-65-6(2), in either

of which case the contract shall not exceed the term of five (5) years. Failure to negotiate or

bargain in good faith may be complained of by either the negotiating or bargaining agent or the

municipal employer to the state labor relations board, which shall deal with the complaint in the

manner provided in chapter 7 of this title. An unfair labor practice charge may be complained of

by either the bargaining agent or employer's representative to the state labor relations board,

which shall deal with the complaint in the manner provided in chapter 7 of this title.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - MUNICIPAL EMPLOYEES

ARBITRATION

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     This act would provide that in the event a municipality has a locally administered

firefighter, police, teacher or municipal employee pension plan in "critical status", and changes

are required to implement a funding improvement plan, then in such event no contract would

exceed the term of five (5) years.

     This act would take effect upon passage.

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