2014 – H 7633 SUBSTITUTE A
Enacted 04/04/14
A N A C T
RELATING TO LABOR AND LABOR RELATIONS - MUNICIPAL EMPLOYEES ARBITRATION
Introduced By: Representative Patricia A.Serpa
Date Introduced: February 26, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-9.1-6 of the General Laws in Chapter 28-9.1 entitled "Firefighters' Arbitration" is hereby amended to read as follows:
28-9.1-6. Obligation to bargain. -- It shall be
the obligation of the city or town, acting through its corporate authorities,
to meet and confer in good faith with the representative or representatives of
the bargaining agent within ten (10) days after receipt of written notice from
the bargaining agent of the request for a meeting for collective bargaining
purposes. This obligation shall include the duty to cause any agreement
resulting from the negotiations to be reduced to a written contract, provided
that no contract shall exceed the term of one year, unless a longer period is
agreed upon in writing by the corporate authorities and the bargaining agents,
but in no event shall the contract exceed the term of three (3) years unless a
budget commission or a receiver has been appointed for a municipality pursuant
to Cchapter 45-9, 9 of title 45 in which case
or if a municipality has a locally administered pension plan in
"critical status", and is required to submit a funding
improvement plan pursuant to § 45-65-6(2), in either of which cases
the contract shall not exceed the term of five (5) years. An unfair labor
practice charge may be complained of by either the employer's representative or
the bargaining agent to the state labor relations board which shall deal with
the complaint in the manner provided in chapter 7 of this title.
SECTION 2. Section 28-9.2-6 of the General Laws in Chapter 28-9.2 entitled "Municipal Police Arbitration" is hereby amended to read as follows:
28-9.2-6. Obligation to bargain. -- It shall be
the obligation of the city or town, acting through its corporate authorities,
to meet and confer in good faith with the designated representative or
representatives of the bargaining agent, including any legal counsel selected
by the bargaining agent, within ten (10) days after receipt of written notice
from the bargaining agent of the request for a meeting for collective
bargaining purposes. This obligation includes the duty to cause any agreement
resulting from the negotiations to be reduced to a written contract, provided
that no contract shall exceed the term of one year, unless a longer period is
agreed upon in writing by the corporate authorities and the bargaining agent,
but in no event shall the contract exceed the term of three (3) years unless a
budget commission or a receiver has been appointed for a municipality pursuant
to chapter 45-9, 9 of title 45 in which case or if a
municipality has a locally administered pension plan in "critical
status", and is required to submit a funding improvement plan
pursuant to § 45-65-6(2), in either of which cases the contract
shall not exceed the term of five (5) years. An unfair labor charge may be
complained of by either the employer's representative or the bargaining agent
to the state labor relations board which shall deal with the complaint in the
manner provided in chapter 7 of this title.
SECTION 3. Section 28-9.3-4 of the General Laws in Chapter 28-9.3 entitled "Certified School Teachers' Arbitration" is hereby amended to read as follows:
28-9.3-4. Obligation to bargain. -- It shall be
the obligation of the school committee to meet and confer in good faith with
the representative or representatives of the negotiating or bargaining agent
within ten (10) days after receipt of written notice from the agent of the
request for a meeting for negotiating or collective bargaining purposes. This
obligation includes the duty to cause any agreement resulting from negotiations
or bargaining to be reduced to a written contract; provided, that no contract
shall exceed the term of three (3) years unless a budget commission or a
receiver has been appointed for a municipality pursuant to chapter 45-9,
9 of title 45 or if a municipality has a locally administered pension
plan in "critical status", and is required to submit a funding
improvement plan pursuant to § 45-65-6(2), in which either
case the contract shall not exceed the term of five (5) years. An unfair labor
practice charge may be complained of by either the bargaining agent or the
school committee to the state labor relations board which shall deal with the
complaint in the manner provided in chapter 7 of this title.
SECTION 4. Section 28-9.4-5 of the General Laws in Chapter 28-9.4 entitled "Municipal Employees' Arbitration" is hereby amended to read as follows:
28-9.4-5. Obligation to bargain. -- It shall be
the obligation of the municipal employer to meet and confer in good faith with
the representative or representatives of the negotiating or bargaining agent
within ten (10) days after receipt of written notice from the agent of the
request for a meeting for negotiating or collective bargaining purposes. This
obligation includes the duty to cause any agreement resulting from negotiation
or bargaining to be reduced to a written contract; provided, that no contract
shall exceed the term of three (3) years unless a budget commission or a
receiver has been appointed for a municipality pursuant to chapter 45-9,
9 of title 45 in which case or if a municipality has a locally
administered pension plan in "critical status", and is
required to submit a funding improvement plan pursuant to § 45-65-6(2), in
either of which cases the contract shall not exceed the term of five
(5) years. Failure to negotiate or bargain in good faith may be complained of
by either the negotiating or bargaining agent or the municipal employer to the
state labor relations board, which shall deal with the complaint in the manner
provided in chapter 7 of this title. An unfair labor practice charge may be
complained of by either the bargaining agent or employer's representative to
the state labor relations board, which shall deal with the complaint in the
manner provided in chapter 7 of this title.
SECTION 5. This act shall take effect upon passage.
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LC003823/SUB A
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