Chapter 517

2007 -- H 5090 SUBSTITUTE A

Enacted 10/30/07

A N A C T

RELATING TO LABOR -- ARBITRATION

Introduced By: Representatives San Bento, and Petrarca

Date Introduced: January 17, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-9-27 of the General Laws in Chapter 28-9 entitled "Arbitration

of Labor Controversies" is hereby amended to read as follows:

28-9-27. Use of past practices in arbitration hearings. -- (a) An arbitrator shall have

the authority to consider the existence of a past practice that may exist between the parties to a

collective bargaining agreement only under the following circumstances:

      (1) the collective bargaining agreement does not contain an express provision that is the

subject of the grievance, or

      (2) the collective bargaining agreement contains a provision that is unclear and

ambiguous., or

(3) the collective bargaining agreement contains a provision which has been mutually

agreed upon by the parties that preserves existing past practices for the duration of the collective

bargaining agreement.

      (b) A party claiming the existence of a past practice shall be required to prove by clear

and convincing evidence that the practice;

      (1) is unequivocal;

      (2) has been clearly enunciated and acted upon;

      (3) is readily ascertainable;

      (4) has been in existence for a substantial period of time;

      (5) has been accepted by representatives of the parties who possess the actual authority

to accept the practice.

      (c) A past practice that may exist between the parties to a collective bargaining

agreement may not override any contrary provision of an existing collective bargaining

agreement, statute or ordinance.

      (d) A past practice that may exist between the parties to a collective bargaining

agreement may not override any contrary provision of any written rule, regulation, or policy that

has been promulgated, adopted, and published pursuant to either the Administrative Procedures

Act or promulgated and published by the appropriate governing entity in a city or town.

      (e) Any party to a collective bargaining agreement may provide written notice to the

other party that it no longer intends to be bound by a past practice unless the collective bargaining

agreement contains a provision which has been mutually agreed upon by the parties that preserves

existing past practices for the duration of the collective bargaining agreement. This notification

must describe the past practice and set forth the effective date of the termination of the practice.

Neither party is obligated to follow the practice thirty (30) days following this notification.

     SECTION 2. This act shall take effect upon passage.

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LC00488/SUB A

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