Title 28
Labor and Labor Relations

Chapter 7
Labor Relations Act

§ 28-7-45. Employees exempt from chapter.

(a) The provisions of this chapter shall not apply: (1) To the employees of any employer who concedes to and agrees with the board that the employees are subject to and protected by the provisions of the Labor Management Relations Act, 1947, 29 U.S.C. § 141 et seq., or the Railway Labor Act, 45 U.S.C. § 151 et seq.; (2) Except as provided in Chapter 11 of title 36 as to employees of the state; (3) Except as provided in chapter 9.4 of this title as to employees of any political or civil subdivision or other agency thereof; (4) Except “firefighters” as defined in chapter 9.1 of this title and “police officers” as defined in chapter 9.2 of this title; or (5) Except “school teachers” as defined in chapter 9.3 of this title; provided, that in the case of firefighters, police officers, and healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the provisions of this chapter shall apply, but nothing contained in this chapter shall be deemed in any manner to grant to any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the right to engage in any strike. Any strike by any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, shall be illegal.

(b) When an impasse is reached by an employer and a union representing healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the mediation services of the department of labor and training shall be utilized for mediation and factfinding. If the issues remain unresolved, then the parties shall proceed to arbitration in accordance with the rules of the American Arbitration Association.