Chapter 095 |
2019 -- H 5259 SUBSTITUTE A Enacted 07/08/2019 |
A N A C T |
RELATING TO LABOR - UNION REPRESENTATION |
Introduced By: Representatives Craven, O'Brien, McEntee, and Caldwell |
Date Introduced: January 31, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 28-9.3-7 of the General Laws in Chapter 28-9.3 entitled "Certified |
School Teachers' Arbitration" is hereby amended to read as follows: |
28-9.3-7. Certification of negotiating agent -- Payment of service charge by non- |
members. |
(a) No association or organization shall be initially certified as the representative of |
certified public school teachers except after an election. |
(b) Teachers shall be free to join or to decline to join any association or organization |
regardless of whether it has been certified as the exclusive representative of certified public |
school teachers. |
(c) If new elections are not held after an association or labor organization is certified, the |
association or organization shall continue as the exclusive representative of the certified public |
school teachers from year to year until recognition is withdrawn or changed as provided in § 28- |
9.3-5. |
(d) Elections shall not be held more often than once each twelve (12) months and must be |
held at least thirty (30) days before the expiration date of any employment contract. |
(e) Where certified public school teachers have selected an exclusive bargaining |
representative organization, all nonmembers of the exclusive bargaining representative |
organization shall pay to the exclusive bargaining organization a service charge as a contribution |
toward the collective bargaining procedures involved in securing a contract and the |
administration of any collective bargaining agreement in an amount equal to the regular dues of |
the organization. Any employees in the bargaining unit, who are not members of the exclusive |
bargaining representative organization, may be required by the labor or employee organization to |
pay a reasonable charge for representation in grievances and/or arbitrations brought at the |
nonmember’s request. |
(f) The employer shall notify the exclusive bargaining unit representative organization of |
the hiring of any employee in the bargaining unit. Said The notice shall be given promptly after |
the hiring decision is made but in no event later than the fifth business day following the |
employee’s start date. |
SECTION 2. Section 28-9.4-8 of the General Laws in Chapter 28-9.4 entitled "Municipal |
Employees' Arbitration" is hereby amended to read as follows: |
28-9.4-8. Certification of negotiating agent. |
(a) No employee organization shall be initially certified as the representative of municipal |
employees in an appropriate bargaining unit except after an election. |
(b) Municipal employees shall be free to join or decline to join any employee |
organization regardless of whether it has been certified as the exclusive representative of |
municipal employees in an appropriate bargaining unit. |
(c) If new elections are not held after an employee organization is certified, the employee |
organization shall continue as the exclusive representative of the municipal employees of the |
appropriate bargaining unit from year to year until recognition is withdrawn or changed as |
provided in § 28-9.4-6. |
(d) Elections shall not be held more often than once each twelve (12) months and must be |
held at least thirty (30) days before the expiration date of any employment contract. |
(e) An employee organization designated as the representative of the majority of the |
municipal employees in an appropriate bargaining unit, shall be the exclusive bargaining agent |
for all municipal employees of the unit, and shall act, negotiate agreements, and bargain |
collectively for all employees in the unit and shall be responsible for representing the interest of |
all the municipal employees without discrimination and without regard to employee organization |
membership. |
(f) Any employee(s) in the bargaining unit, who are not members of the exclusive |
bargaining representative organization, may be required by the labor or employee organization to |
pay a reasonable charge for representation in grievances and/or arbitrations brought at the |
nonmember’s request. |
(g) The employer shall notify the exclusive bargaining unit representative organization of |
the hiring of any employee in the bargaining unit. Said The notice shall be given promptly after |
the hiring decision is made but in no event later than the fifth business day following the |
employee's start date. |
SECTION 3. Section 36-6-17 of the General Laws in Chapter 36-6 entitled "Salaries and |
Traveling Expenses" is hereby amended to read as follows: |
36-6-17. Deductions for union dues. |
(a) Upon request written authorization of any state employee who is a member of any |
bona fide labor union or who voluntarily elects to pay dues or fees to a union, the state controller |
shall deduct from the employee's salary his or her dues as a member or fees and shall remit, |
together with a list by departments of the members or fee payers whose dues payments have been |
deducted, the amounts so deducted, to the treasurer of the labor union, designated by the |
employee in the request; provided, however, that where a labor union has been certified |
recognized as the sole and exclusive bargaining representative for an appropriate unit, only the |
dues or fees for the sole and exclusive bargaining representative shall be deducted. The state |
controller shall make dues or fee deductions, on an on-going ongoing basis, unless the employee |
files a written notice requesting termination of such the payments, with the exclusive bargaining |
representative. |
(b) In the case of an employee employed in an area where there is no certified exclusive |
bargaining organization, the request for dues deductions or fees to a bona fide labor union shall |
be voluntary and shall take effect thirty (30) days after presentation., The deduction shall be taken |
out according to appropriate payroll period and termination of the deduction shall be by sixty (60) |
days' written notice in advance or upon termination of employment; provided, however, that if the |
employer and the selected sole and exclusive bargaining representative have reached an |
agreement requiring membership in the union as a condition of employment regarding the |
payment of dues or fees or the employee on a voluntary basis elects to pay dues or fees, then the |
state controller shall make dues or fee deductions on an on-going ongoing basis, in accordance |
with contract provisions or applicable laws with the same being irrevocable until the expiration of |
the agreement between the employer and the exclusive bargaining representative unless the |
employee files a written notice requesting termination of such the payments with the exclusive |
bargaining representative. |
SECTION 4. Section 36-11-2 of the General Laws in Chapter 36-11 entitled |
"Organization of State Employees" is hereby amended to read as follows: |
36-11-2. Discrimination because of membership in employee organization |
prohibited. |
There shall be no discrimination against any state employee because the employee has |
formed, joined, or chosen to be represented by any labor organization or employee organization. |
Membership in any employee organization may be determined by each individual employee; |
provided, however, that in areas where employees have selected an exclusive bargaining |
representative organization, all nonmembers of the exclusive bargaining representative |
organization shall pay to the exclusive employee organization a service charge as a contribution |
toward the negotiation and administration of any collective bargaining agreement in an amount |
equal to the regular biweekly membership dues of the organization, with the state controller being |
hereby directed upon certification of the exclusive bargaining organization to deduct biweekly |
from the employee's salary the above amount and remit the amount to the treasurer of the |
exclusive bargaining organization. Supervisory employees shall not endorse any particular |
employee organization or, by reason of membership in any organization, show prejudice or |
discriminate toward any individual employee. |
(a) There shall be no discrimination against any state employee because the employee has |
formed, joined, or chosen to be represented by any labor or employee organization. |
(b) Supervisory employees shall not endorse any particular labor or employee |
organization or by reason of membership in any organization, show prejudice or discriminate |
against any individual employee. |
(c) Membership in any labor or employee organization may be determined by each |
individual employee and each individual member. Membership dues or fees are established in |
amounts as determined by the organization. |
(d) The state controller shall hereby be directed, upon certification of the exclusive |
bargaining organization, to deduct biweekly membership dues from the employee's salary and |
remit the amount to the treasurer of the exclusive bargaining organization. |
(e) Any employees in the bargaining unit, who are not members of the exclusive |
bargaining representative organization, may be required by the labor or employee organization to |
pay a reasonable charge for grievances and/or arbitrations brought at the nonmember’s request. |
(f) The employer shall notify the exclusive bargaining unit representative organization of |
the hiring of any employee in the bargaining unit. Said The notice shall be given promptly after |
the hiring decision is made but in no event later than the fifth business day following the |
employee's start date. |
SECTION 5. This act shall take effect upon passage. |
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LC000962/SUB A |
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