2019 -- S 0512 SUBSTITUTE A

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LC001367/SUB 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: Senators McCaffrey, Lawson, Goodwin, Lynch Prata, and Valverde

     Date Introduced: February 27, 2019

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

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     28-9.3-12. Appeal from decision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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     28-9.4-13. Appeal from decision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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shall be to the superior court.

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

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

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

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

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

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the expenditure of money.

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     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

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

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

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

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

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mediation or arbitration until a successor agreement is reached.

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     This act would take effect upon passage.

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