2019 -- H 5437 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUANCE

OF CONTRACTUAL PROVISIONS

     Introduced By: Representatives Vella-Wilkinson, O'Brien, Serpa, Morin, and Millea

     Date Introduced: February 14, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-9.3-12 of the General Laws in Chapter 28-9.3 entitled "Certified

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

     28-9.3-12. Appeal from decision.

     While the parties are engaged in negotiations and/or utilizing the dispute resolution

process as required in § 28-9.3-9, all terms and conditions in the collective bargaining agreement

shall remain in effect. The decision of the arbitrators shall be made public and shall be binding on

the certified public school teachers and their representative and the school committee on all

matters not involving the expenditure of money. Should either party reject the non-binding

matters in the decision of the arbitrators, the binding matters shall be implemented. Following the

conclusion of the dispute resolution process as required in § 28-9.3-9, should the parties still be

unable to reach agreement, all contractual provisions related to wages and benefits contained in

the collective bargaining agreement, except for any contractual provisions that limit layoffs, shall

continue as agreed to in the expired collective bargaining agreement until such time as a

successor agreement has been reached between the parties.; provided, that nothing Nothing

contained in this section shall prevent the representative of the certified public school teachers

and the school committee from mutually agreeing to submit all unresolved issues to binding

arbitration pursuant to the procedures set forth in §§ 28-9.3-10 -- 28-9.3-12. In that case the

decision of the arbitrators shall be final and binding on all matters so submitted, including those

involving the expenditure of money, and cannot be appealed except on the ground that the

decision was procured by fraud or that it violates the law, in which case appeals shall be to the

superior court. The school committee shall within three (3) days after it receives the decision send

a true copy of the decision by certified or registered mail postage prepaid to the department or

agency which appropriates money for the operation of the schools in the city, town, or regional

school district involved, if decision involves the expenditure of money.

     SECTION 2. Section 28-9.4-13 of the General Laws in Chapter 28-9.4 entitled

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

     28-9.4-13. Appeal from decision.

     (a) While the parties are engaged in negotiations and/or utilizing the dispute resolution

process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement

shall remain in effect. The decision of the arbitrators shall be made public and shall be binding

upon the municipal employees in the appropriate bargaining unit and their representative and the

municipal employer on all matters not involving the expenditure of money. Should either party

reject the non-binding matters in the decision of the arbitrators, the binding matters shall be

implemented. Following the conclusion of the dispute resolution process as required in § 28-9.4-

10, should the parties still be unable to reach agreement, all contractual provisions related to

wages and benefits contained in the collective bargaining agreement, except for any contractual

provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining

agreement until such time as a successor agreement has been reached between the parties.

     (b) The decision of the arbitrators shall be final and cannot be appealed except on the

ground that the decision was procured by fraud or that it violates the law, in which case appeals

shall be to the superior court.

     (c) The municipal employer shall within three (3) days after it receives the decision send

a true copy of the decision by certified or registered mail postage prepaid to the department or

agency of the municipal employer responsible for the preparation of the budget and to the agency

of the municipal employer which appropriates money for the operation of the particular municipal

function or service in the city, town, or regional school district involved, if the decision involves

the expenditure of money.

     SECTION 3. 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 - ARBITRATION - CONTINUANCE

OF CONTRACTUAL PROVISIONS

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     This act would provide that all terms and conditions in a school teachers' collective

bargaining agreement as well as a municipal employees' collective bargaining agreement shall

remain in effect while the parties are engaged in negotiations and/or certain dispute resolution

processes and would provide that contractual provisions related to wages and benefits, excluding

those that limit layoffs, would continue as agreed to, despite the lack of an agreement following

mediation or arbitration until a successor agreement is reached.

     This act would take effect upon passage.

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