2015 -- H 5350

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LC000786

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - MUNICIPAL EMPLOYEES

DISPUTES

     Introduced By: Representatives Carnevale, McKiernan, Hull, Slater, and Bennett

     Date Introduced: February 05, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-9.4-1, 28-9.4-3, 28-9.4-4, 28-9.4-12 and 28-9.4-13 of the

General Laws in Chapter 28-9.4 entitled "Municipal Employees' Arbitration" are hereby amended

to read as follows:

     28-9.4-1. Declaration of policy -- Purpose. – (a) It is declared to be the public policy of

this state to accord to municipal employees, as hereinafter defined, the right to organize, to be

represented, to negotiate, and to bargain on a collective basis with municipal employers, as

hereinafter defined, covering concerning hours, salary, working conditions wages, rates of pay

and all other terms and conditions of employment; provided, that nothing contained in this

chapter shall be construed to accord to municipal employees the right to strike.

     (b) To provide for the exercise of these rights, a method of arbitration of disputes is

hereby established. The establishment of this method of arbitration shall not, however, in any way

whatsoever, be deemed to be a recognition by the state of compulsory arbitration as a superior

method of settling labor disputes between employees who possess the right to strike and their

employers, but rather shall be deemed to be a recognition solely of the necessity to provide some

alternative mode of settling disputes where employees must, as a matter of public policy, be

denied the usual right to strike.

     28-9.4-3. Right to organize and bargain collectively. -- (a) The municipal employees of

any municipal employer in any city, town, or regional school district shall have the right to

negotiate and to bargain collectively with their respective municipal employers and to be

represented by an employee organization in the negotiation or collective bargaining concerning

hours, salary, working conditions wages, rates of pay, and all other terms and conditions of

employment.

      (b) Notwithstanding the provisions of subsection (a), for those municipal employees who

are employed by school districts, collective bargaining agreements shall not provide for benefits

for health care ("benefit plans") for school district employees unless such benefit plans are

authorized in accordance with chapter 27-73. School district employees whose collective

bargaining agreements expire on or after September 30, 2011 may, upon expiration of such

collective bargaining agreements, receive benefit plans including, but not limited to, those

recommended in accordance with chapter 27-73.

     28-9.4-4. Recognition of bargaining agent. -- The employee organization selected by

the municipal employees in an appropriate bargaining unit, as determined by the state labor

relations board, shall be recognized by the municipal employer or the city, town, or district as the

sole and exclusive negotiating or bargaining agent for all of the municipal employees in the

appropriate bargaining unit in the city, town, or school district unless and until recognition of the

employee organization is withdrawn or changed by vote of the municipal employees in the

appropriate bargaining unit after a duly conducted election held pursuant to the provisions of this

chapter. An employee organization or the municipal employer may designate any person or

persons to negotiate or bargain in its behalf.; provided, however, that the person or persons so

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

collective bargaining agreement.

     28-9.4-12. Hearings. -- (a) The arbitrators shall call a hearing to be held within ten (10)

days after their appointment and shall give at least seven (7) days notice, in writing, to the

negotiating or bargaining agent and the municipal employer of the time and place of the hearing.

      (b) The hearing shall be informal, and the rules of evidence prevailing in judicial

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

relevant by the arbitrators may be received in evidence.

      (c) The arbitrators shall have the power to administer oaths and to require by subpoena

the attendance and testimony of witnesses, and the production of books, records, and other

evidence relative or pertinent to the issues presented to them for determination.

      (d) Both the negotiating or bargaining agent and the municipal employer shall have the

right to be represented at any hearing before the arbitrators by counsel of their own choosing.

      (e) 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

arbitrators shall make written findings and a written opinion upon the issues presented, a copy of

which shall be mailed or otherwise delivered to the negotiating or bargaining agent or its attorney

or other designated representative and the municipal employer. A majority decision of the

arbitrators shall be final and binding upon the bargaining agent and the municipal employer.

     28-9.4-13. Appeal from decision. -- (a) The decision of the arbitrators shall be made

public and shall be binding upon the municipal employees in the appropriate bargaining unit and

their representative and the municipal employer on all matters not involving the expenditure of

money.

      (b) The decision of the arbitrators shall be final and cannot be appealed except on the

ground that the decision was procured by fraud or that it violates the law, in which case appeals

shall be to the superior court.

      (c) The municipal employer shall within three (3) days after it receives the decision send

a true copy of the decision by certified or registered mail postage prepaid to the department or

agency of the municipal employer responsible for the preparation of the budget and to the agency

of the municipal employer which appropriates money for the operation of the particular municipal

function or service in the city, town, or regional school district involved, if the decision involves

the expenditure of money.

     SECTION 2. Chapter 28-9.4 of the General Laws entitled "Municipal Employees'

Arbitration" is hereby amended by adding thereto the following sections:

     28-9.4-10.1. Continuance of contractual provisions. -- All contractual provisions

contained in a collective bargaining agreement entered into pursuant to the provisions of this

chapter shall continue in the following collective bargaining agreement unless either the

bargaining agent or the corporate authority shall, in writing, within the thirty (30) day period

referred to in § 28-9.4-10, propose a change in any contractual provision. In the event that at the

conclusion of the thirty (30) day period referred to in § 28-9.4-10 a successor collective

bargaining agreement has not been agreed to by the parties, then all contractual benefits in effect

in the predecessor agreement shall continue to be in effect and enforceable until such time as a

successor agreement has been reached between the parties or an arbitration award has been

rendered.

     28-9.4-12.1. Factors to be considered by arbitration board. -- (a) The arbitrators shall

conduct the hearings and render their decision upon the basis of a prompt, peaceful and just

settlement of wages, rates of pay, hours or terms and conditions of employment disputes, between

the municipal employees and the municipal employer by which they are employed. The factors

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among others, to be given weight by the arbitrators in arriving at a decision shall include:

     (1) Comparison of wage rates or hourly conditions of employment for the same or similar

work of employees exhibiting like or similar skills under the same or similar working conditions

in the local operating area involved;

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

employer in question with wage rates or hourly conditions of employment maintained for the

same or similar work of employees exhibiting like or similar skills under the same or similar

working conditions in the local operating area involved;

     (3) Comparison of wage rates or hourly conditions of employment of the municipal

employer in question with wage rates or hourly conditions of employment of municipal

employers in cities or towns of comparable size;

     (4) Interest and welfare of the public;

     (5) Comparison of peculiarities of employment in regards to other trades or professions,

specifically:

     (i) Hazards of employment;

     (ii) Physical qualifications;

     (iii) Educational qualifications;

     (iv) Mental qualifications;

     (v) Job training and skills.

     28-9.4-13.1. Writ of certiorari to the supreme court. -- In the event a decision of the

arbitration panel is sought to be reviewed by writ of certiorari to the supreme court, then said

matter shall be given priority by the supreme court.

     28-9.4-14.1. Attorneys' fees - Costs - Interest. -- In the event either the bargaining agent

or the corporate authorities shall appeal or petition to any court, tribunal or forum of competent

jurisdiction within the state of Rhode Island for review or modification of a majority decision of

the arbitrators, which the provisions of § 28-9.4-12 is binding upon both the bargaining agent and

the corporate authorities, the party against whom the final decision of any such court, tribunal or

forum of competent jurisdiction shall be adverse, if such court, tribunal or forum finds such

appeal or petition to be frivolous shall pay reasonable attorneys' fees and costs to the successful

party as determined by the court, tribunal or forum of competent jurisdiction shall in its final

decision or judgment therein award such costs and reasonable attorneys' fees; and if such final

decision affirms the award of money, such award, if retroactive, shall bear interest at the rate of

eight per centum (8%) per annum from the effective retroactive date.

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     SECTION 3. 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

DISPUTES

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     This act would expand compulsory binding arbitration subjects for municipal employees

to include money matters with new arbitration factors and allows a collective bargaining

agreement to continue while negotiations on a successor agreement takes place.

     This act would take effect upon passage.

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