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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