| Chapter 144 |
| 2018 -- H 7377 SUBSTITUTE A Enacted 07/02/2018 |
| A N A C T |
| RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MUNICIPAL POLICE AND FIREFIGHTERS' ARBITRATION |
| Introduced By: Representatives McEntee, Shekarchi, Canario, O'Brien, and Almeida |
| Date Introduced: January 31, 2018 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 28-9.1 of the General Laws entitled "Firefighters' Arbitration" is |
| hereby amended by adding thereto the following section: |
| 28-9.1-18. Exclusive bargaining representative obligations. |
| (a) The exclusive representative shall have the right to act for and negotiate agreements |
| covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive |
| representative to provide representation at any level of the grievance process, including |
| arbitration, in any case on behalf of an employee who has elected not to maintain membership in |
| the employee organization for a period of at least ninety (90) days prior to the events giving rise |
| to the grievance. |
| (b) An employee who has elected not to maintain membership in the employee |
| organization may, at their his or her own expense, pursue a grievance against the employer and |
| have such the grievance heard, without intervention by the exclusive representative, provided that |
| the exclusive representative is afforded the opportunity to be present at such the |
| grievance/arbitration hearing and that any resolution of the grievance shall not be inconsistent |
| with the terms of the collective bargaining agreement then in effect between the employer and the |
| exclusive representative. The exclusive representative shall have no obligation to incur expenses |
| related to a grievance initiated by an employee who has elected not to maintain membership in |
| the employee organization for a period of at least ninety (90) days prior to the events giving rise |
| to the grievance. |
| SECTION 2. Chapter 28-9.2 of the General Laws entitled "Municipal Police Arbitration" |
| is hereby amended by adding thereto the following section: |
| 28-9.2-18. Exclusive bargaining representative obligations. |
| (a) The exclusive representative shall have the right to act for and negotiate agreements |
| covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive |
| representative to provide representation at any level of the grievance process, including |
| arbitration, in any case on behalf of an employee who has elected not to maintain membership in |
| the employee organization for a period of at least ninety (90) days prior to the events giving rise |
| to the grievance. |
| (b) An employee who has elected not to maintain membership in the employee |
| organization may, at their his or her own expense, pursue a grievance against the employer and |
| have such the grievance heard, without intervention by the exclusive representative, provided that |
| the exclusive representative is afforded the opportunity to be present at such the |
| grievance/arbitration hearing and that any resolution of the grievance shall not be inconsistent |
| with the terms of the collective bargaining agreement then in effect between the employer and the |
| exclusive representative. The exclusive representative shall have no obligation to incur expenses |
| related to a grievance initiated by an employee who has elected not to maintain membership in |
| the employee organization for a period of at least ninety (90) days prior to the events giving rise |
| to the grievance. |
| SECTION 3. This act shall take effect upon passage. |
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| LC004282/SUB A |
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