2017 -- H 5232

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LC001037

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - MUNICIPAL EMPLOYEES'

ARBITRATION

     

     Introduced By: Representatives McEntee, Craven, McKiernan, Lombardi, and Hull

     Date Introduced: January 26, 2017

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-9.4 of the General Laws entitled "Municipal Employees'

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

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     28-9.4-20. Bargaining units obligation to represent nonmembers.

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     (a) The exclusive representative shall have the right to act for and negotiate agreements

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covering all employees in the bargaining unit. Nothing in this section shall require the exclusive

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representative to provide representation at any level of the grievance process including arbitration

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in any case on behalf of an employee who has elected not to maintain membership in the

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employee organization for a period of at least ninety (90) days prior to the events giving rise to

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the grievance.

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     (b) An employee who has elected not to maintain membership in the employee

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organization may, at their own expense, present a grievance to the employer and have such

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grievance heard without intervention by the exclusive representative, provided that the exclusive

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representative is afforded the opportunity to be present at such conferences and that any

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adjustment made shall not be inconsistent with the terms of an agreement then in effect between

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the employer and the exclusive representative. The exclusive representative shall have no

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obligation to incur expenses related to a grievance initiated by an employee who has elected not

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to maintain membership in the employee organization for a period of at least ninety (90) days

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prior to the events giving rise to the grievance.

 

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     SECTION 2. 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 relieve municipal employees' unions of their obligation to represent an

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employee, in grievance process, if that employee has elected not to maintain union membership

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for at least ninety (90) days prior to the events giving rise to the grievance event. It would also

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give the union a right to participate in the grievance process for an employee that is not entitled to

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union representation.

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     This act would take effect upon passage.

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