2017 -- S 0976

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LC002568

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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 RELATIONS - STATE EMPLOYEES ARBITRATION

     

     Introduced By: Senators Coyne, Seveney, Satchell, and Ciccone

     Date Introduced: June 21, 2017

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 36 Chapter 11 of the General Laws entitled "Organization of State

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

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     36-11-14. 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 the 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 RELATIONS - STATE EMPLOYEES ARBITRATION

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     This act would relieve state employee unions of their obligation to represent an

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

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

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would also give the union a right to participate in the grievance process for an employee that is

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not entitled to union representation.

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     This act would take effect upon passage.

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