2018 -- S 2737

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LC005244

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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 LABOR AND LABOR RELATIONS - SELECTION OF ARBITRATORS

     Introduced By: Senators Lombardo, Conley, and Archambault

     Date Introduced: March 20, 2018

     Referred To: Senate Labor

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-9-7 of the General Laws in Chapter 28-9 entitled "Arbitration of

Labor Controversies" is hereby amended to read as follows:

     28-9-7. Selection of arbitrators.

     If in the contract for arbitration or in the submission, provision is made for a method of

naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but

if no method is provided in the contract,. The the parties to the contract or submission shall agree

to the method of naming or appointing an arbitrator or arbitrators or an umpire. If the parties fail

to agree, then the director of labor and training, upon application of either of the parties after due

notice to the other party, shall appoint either a retired Rhode Island judge, a retired Rhode Island

magistrate, or a member of the Rhode Island bar association as an arbitrator to hear the dispute.

     SECTION 2. Section 28-9.1-8 of the General Laws in Chapter 28-9.1 entitled

"Firefighters' Arbitration" is hereby amended to read as follows:

     28-9.1-8. Arbitration board -- Composition.

     Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-

9.1-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator

and subsequently shall immediately notify each other in writing of the name and address of the

person selected. The two (2) arbitrators so selected and named shall, within ten (10) days from

and after the expiration of the five (5) day period mentioned in this section agree upon and select

and name a third arbitrator. If, on the expiration of the period allowed, the arbitrators are unable

to agree upon the selection of a third arbitrator, the third arbitrator shall be selected by the

director of the department of labor and training and they shall make the selection of either a

retired Rhode Island judge, a retired Rhode Island magistrate, or a member of the Rhode Island

bar association in accordance with the rules and procedures of the American Arbitration

Association. The third arbitrator, whether selected as a result of agreement between the two (2)

arbitrators previously selected or selected by the American Arbitration Association director of the

department of labor and training, shall act as chair of the arbitration board.

     SECTION 3. Section 28-9.2-8 of the General Laws in Chapter 28-9.2 entitled "Municipal

Police Arbitration" is hereby amended to read as follows:

     28-9.2-8. Arbitration board -- Composition.

     Within five (5) days from the expiration of the thirty (30) day period referred to in § 28-

9.2-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator

and shall immediately thereafter notify each other in writing of the name and address of the

person so selected. The two (2) arbitrators so selected and named shall, within ten (10) days from

and after the expiration of the five (5) day period mentioned in this section, agree upon and select

and name a third arbitrator. If, on the expiration of the period allowed, the arbitrators are unable

to agree upon the selection of a third arbitrator, the third arbitrator shall be selected by the

director of the department of labor and training and they shall make the selection of either a

retired Rhode Island judge, a retired Rhode Island magistrate, or a member of the Rhode Island

bar association in accordance with the rules and procedures of the American Arbitration

Association. The third arbitrator, whether selected as a result of agreement between the two (2)

arbitrators previously selected or selected by the American Arbitration Association director of the

department of labor and training, shall act as chairperson of the arbitration board.

     SECTION 4. Section 28-9.3-10 of the General Laws in Chapter 28-9.3 entitled "Certified

School Teachers' Arbitration" is hereby amended to read as follows:

     28-9.3-10. Arbitration board -- Composition.

     (a) Within seven (7) days after arbitration has been requested as provided in § 28-9.3-9,

the negotiating or bargaining agent and the school committee shall each select and name one

arbitrator and shall immediately notify each other in writing of the name and address of the

person so selected. The two (2) arbitrators selected and named shall, within ten (10) days from

and after their selection, agree upon and select and name a third arbitrator. If within the ten (10)

days the arbitrators are unable to agree upon the selection of a third arbitrator, the third arbitrator

shall be selected by the director of the department of labor and training and they shall make the

selection of either a retired Rhode Island judge, a retired Rhode Island magistrate, or a member of

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the Rhode Island bar association in accordance with the rules and procedure of the American

Arbitration Association.

     (b) If the The negotiating or bargaining agent agrees may agree with the school

committee to a different method of selecting arbitrators, or to a lesser or greater number of

arbitrators., or to any particular arbitrator, or if they agree to have the board of regents for

elementary and secondary education designate the arbitrator or arbitrators to conduct the

arbitration, the agreement shall govern the selection of arbitrators. However, if the board of

regents for elementary and secondary education is unwilling or fails to designate the arbitrator or

arbitrators, an alternative method of selection shall be used.

     (c) The third arbitrator, whether selected as a result of agreement between the two (2)

previously selected arbitrators, or selected under the rules of the American Arbitration

Association, or by the board of regents for elementary and secondary education by the director of

the department of labor and training, or by any other method, shall act as chairperson.

     SECTION 5. Section 28-9.4-11 of the General Laws in Chapter 28-9.4 entitled

"Municipal Employees' Arbitration" is hereby amended to read as follows:

     28-9.4-11. Arbitration board -- Composition.

     (a) Within seven (7) days after arbitration has been requested as provided in § 28-9.4-10,

the negotiating agent and the municipal employer shall each select and name one arbitrator and

shall immediately thereafter notify each other, in writing, of the name and address of the person

selected.

     (b) The two (2) arbitrators selected and named shall within ten (10) days from and after

their selection agree upon and select and name a third arbitrator. If within the ten (10) days the

arbitrators are unable to agree upon the selection of a third arbitrator, the third arbitrator shall be

selected by the director of the department of labor and training and they shall make the selection

of either a retired Rhode Island judge, a retired Rhode Island magistrate, or a member of the

Rhode Island bar association in accordance with the rules and procedure of the American

Arbitration Association.

     (c) If the negotiating or bargaining agent agrees with the municipal employer to a

different method of selecting arbitrators, or to a lesser or greater number of arbitrators, or to any

particular arbitrator, or if they agree to have the state director of labor and training designate the

arbitrator or arbitrators to conduct the arbitration, the agreement shall govern the selection of

arbitrators; provided, that if the state director of labor and training is unwilling or fails to

designate the arbitrator or arbitrators, an alternative method of selection shall be used.

     (d) The third arbitrator, whether selected as a result of agreement between the two (2)

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previously selected arbitrators, or selected under the rules of the American Arbitration

Association, or by the state director of labor and training or by any other method, shall act as

chairperson.

     SECTION 6. 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 - SELECTION OF ARBITRATORS

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     This act would replace the American Arbitration Association, as the selector of labor

arbitrators, in non-grievance contract matters, with the director of the department of labor and

training. The director's selection would be limited to retired Rhode Island judges, retired Rhode

Island magistrates, or members of the Rhode Island bar association for firefighter, police, teacher,

and municipal employee matters.

     This act would take effect upon passage.

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