Chapter 015 |
2019 -- H 5437 SUBSTITUTE A Enacted 05/14/2019 |
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 |
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 |
nonbinding 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 that appropriates money for the operation of the schools in the city, town, or |
regional school district involved, if the 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 nonbinding 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 that 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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LC001501/SUB A/3 |
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