2018 -- H 7377 SUBSTITUTE A

========

LC004282/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MUNICIPAL POLICE AND

FIREFIGHTERS' ARBITRATION

     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:

     SECTION 1. Chapter 28-9.1 of the General Laws entitled "Firefighters' Arbitration" is

hereby amended by adding thereto the following section:

     28-9.1-18. Exclusive bargaining representative obligations.

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

covering all employees in the bargaining unit. Nothing in the provision 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, pursue a grievance against 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 grievance/arbitration hearing and

that any resolution of the grievance shall not be inconsistent with the terms of the collective

bargaining 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. Chapter 28-9.2 of the General Laws entitled "Municipal Police Arbitration"

is hereby amended by adding thereto the following section:

     28-9.2-18. Exclusive bargaining representative obligations.

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

covering all employees in the bargaining unit. Nothing in the provision 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, pursue a grievance against 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 grievance/arbitration hearing and

that any resolution of the grievance shall not be inconsistent with the terms of the collective

bargaining 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 3. This act shall take effect upon passage.

========

LC004282/SUB A

========

LC004282/SUB A - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MUNICIPAL POLICE AND

FIREFIGHTERS' ARBITRATION

***

     This act would relieve municipal police and firefighter bargaining representatives from

their obligation to represent employees in grievances/arbitrations if they were not members of the

bargaining unit within the ninety (90) days prior to the events that caused the grievance.

     This act would take effect upon passage.

========

LC004282/SUB A

========

LC004282/SUB A - Page 3 of 3