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:

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

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

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

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

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

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

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

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

the grievance.

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

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

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

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

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

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

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

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

prior to the events giving rise to the grievance.

     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

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

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

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

union representation.

     This act would take effect upon passage.

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