H7376

	2018 -- H 7376
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	LC004286
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2018
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	A N A C T
	RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- ORGANIZATION OF STATE
	EMPLOYEES

	Introduced By: Representatives McEntee, Shekarchi, Canario, O'Brien, and Almeida
	Date Introduced: January 31, 2018
	Referred To: House Labor
	It is enacted by the General Assembly as follows:
1	SECTION 1. Chapter 36-11 of the General Laws entitled "Organization of State
2	Employees" is hereby amended by adding thereto the following section:
3	36-11-14. Exclusive bargaining representative obligations.
4	(a) The exclusive representative shall have the right to act for and negotiate agreements
5	covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive
6	representative to provide representation at any level of the grievance process, including
7	arbitration, in any case, on behalf of an employee who has elected not to maintain membership in
8	the employee organization for a period of at least ninety (90) days prior to the events giving rise
9	to the grievance.
10	(b) An employee who has elected not to maintain membership in the employee
11	organization may, at their own expense, pursue a grievance against the employer and have such
12	grievance heard, without intervention by the exclusive representative, provided that the exclusive
13	representative is afforded the opportunity to be present at such grievance/arbitration hearing and
14	that any resolution of the grievance shall not be inconsistent with the terms of the collective
15	bargaining agreement then in effect between the employer and the exclusive representative. The
16	exclusive representative shall have no obligation to incur expenses related to a grievance initiated
17	by an employee who has elected not to maintain membership in the employee organization for a
18	period of at least ninety (90) days prior to the events giving rise to the grievance.

1	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 PUBLIC OFFICERS AND EMPLOYEES -- ORGANIZATION OF STATE
	EMPLOYEES
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1	This act would relieve state employee bargaining representatives from their obligation to
2	represent employees in grievances/arbitrations if they were not members of the bargaining unit in
3	the ninety (90) days prior to the events that caused the grievance.
4	This act would take effect upon passage.
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