Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0426 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0426
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7	7	LC000031
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- MUNICIPAL EMPLOYEES'
16	16	ARBITRATION
17	17	Introduced By: Senators Lawson, Murray, Ciccone, F. Lombardi, Britto, Lauria, Mack,
18	18	McKenney, and LaMountain
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Labor
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 28-9.4-1, 28-9.4-3, 28-9.4-4, 28-9.4-12 and 28-9.4-13 of the General 1
25	25	Laws in Chapter 28-9.4 entitled "Municipal Employees’ Arbitration" are hereby amended to read 2
26	26	as follows: 3
27	27	28-9.4-1. Declaration of policy — Purpose. 4
28	28	(a) It is declared to be the public policy of this state to accord to municipal employees the 5
29	29	right to organize, to be represented, to negotiate, and to bargain on a collective basis with municipal 6
30	30	employers, over covering hours, salary, working conditions wages, rates of pay and all other terms 7
31	31	of employment; provided, that nothing contained in this chapter shall be construed to accord to 8
32	32	municipal employees the right to strike. 9
33	33	(b) To provide for the exercise of these rights, a method of arbitration of disputes is hereby 10
34	34	established. The establishment of this method of arbitration shall not, however, in any way 11
35	35	whatsoever, be deemed to be a recognition by the state, of compulsory arbitration as a superior 12
36	36	method of settling labor disputes between employees, who possess the right to strike and their 13
37	37	municipal employers, but rather shall be deemed to be a recognition solely of the necessity to 14
38	38	provide some alternative mode of settling disputes, where employees must, as a matter of public 15
39	39	policy, be denied the usual right to strike. 16
40	40	28-9.4-3. Right to organize and bargain collectively. 17
41	41	(a) The municipal employees of any municipal employer in any city, town, or regional 18
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44	44	LC000031 - Page 2 of 5
45	45	school district shall have the right to negotiate and to bargain collectively with their respective 1
46	46	municipal employers and to be represented by an employee organization in the negotiation or 2
47	47	collective bargaining concerning hours, salary, working conditions, wages, rates of pay and all 3
48	48	other terms and conditions of employment. 4
49	49	(b) Notwithstanding the provisions of subsection (a), for those municipal employees who 5
50	50	are employed by school districts, collective bargaining agreements shall not provide for benefits 6
51	51	for health care (“benefit plans”) for school district employees unless such benefit plans are 7
52	52	authorized in accordance with chapter 73 of title 27. School district employees whose collective 8
53	53	bargaining agreements expire on or after September 30, 2011, may, upon expiration of such 9
54	54	collective bargaining agreements, receive benefit plans including, but not limited to, those 10
55	55	recommended in accordance with chapter 73 of title 27. 11
56	56	28-9.4-4. Recognition of bargaining agent. 12
57	57	The employee organization selected by the municipal employees in an appropriate 13
58	58	bargaining unit, as determined by the state labor relations board, shall be recognized by the 14
59	59	municipal employer or the city, town, or district as the sole and exclusive negotiating or bargaining 15
60	60	agent for all of the municipal employees in the appropriate bargaining unit in the city, town, or 16
61	61	school district unless and until recognition of the employee organization is withdrawn or changed 17
62	62	by vote of the municipal employees in the appropriate bargaining unit after a duly conducted 18
63	63	election held pursuant to the provisions of this chapter. An employee organization or the municipal 19
64	64	employer may designate any person or persons to negotiate or bargain in its behalf; provided, 20
65	65	however, that the person or persons so designated, shall be given the authority to enter into and 21
66	66	execute an effective and binding collective bargaining agreement. 22
67	67	28-9.4-12. Hearings. 23
68	68	(a) The arbitrators shall call a hearing to be held within ten (10) days after their appointment 24
69	69	and shall give at least seven (7) days’ notice, in writing, to the negotiating or bargaining agent and 25
70	70	the municipal employer of the time and place of the hearing. 26
71	71	(b) The hearing shall be informal, and the rules of evidence prevailing in judicial 27
72	72	proceedings shall not be binding. Any and all documentary evidence and other data deemed 28
73	73	relevant by the arbitrators may be received in evidence. 29
74	74	(c) The arbitrators shall have the power to administer oaths and to require by subpoena the 30
75	75	attendance and testimony of witnesses, and the production of books, records, and other evidence 31
76	76	relative or pertinent to the issues presented to them for determination. 32
77	77	(d) Both the negotiating or bargaining agent and the municipal employer shall have the 33
78	78	right to be represented at any hearing before the arbitrators by counsel of their own choosing. 34
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82	82	(e) The hearing conducted by the arbitrators shall be concluded within twenty (20) days of 1
83	83	the time of commencement, and within ten (10) days after the conclusion of the hearings, the 2
84	84	arbitrators shall make written findings and a written opinion upon the issues presented, a copy of 3
85	85	which shall be mailed or otherwise delivered to the negotiating or bargaining agent or its attorney 4
86	86	or other designated representative and the municipal employer. A majority decision of the 5
87	87	arbitrators shall be final and binding, upon both the bargaining agent and the municipal employer. 6
88	88	28-9.4-13. Appeal from decision. 7
89	89	(a) While the parties are engaged in negotiations and/or utilizing the dispute resolution 8
90	90	process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement 9
91	91	shall remain in effect. The decision of the arbitrators shall be made public and shall be binding 10
92	92	upon the municipal employees in the appropriate bargaining unit and their representative and the 11
93	93	municipal employer on all matters. not involving the expenditure of money. Should either party 12
94	94	reject the nonbinding matters in the decision of the arbitrators, the binding matters shall be 13
95	95	implemented. Following the conclusion of the dispute resolution process as required in § 28-9.4-14
96	96	10, should the parties still be unable to reach agreement, all contractual provisions related to wages 15
97	97	and benefits contained in the collective bargaining agreement, except for any contractual provisions 16
98	98	that limit layoffs, shall continue as agreed to in the expired collective bargaining agreement until 17
99	99	such time as a successor agreement has been reached between the parties. 18
100	100	(b) The decision of the arbitrators shall be final and cannot be appealed except on the 19
101	101	ground that the decision was procured by fraud or that it violates the law, in which case appeals 20
102	102	shall be to the superior court. The sole avenue of review of a decision of an arbitration panel, issued 21
103	103	pursuant to this chapter, shall be by a petition for writ of certiorari to the supreme court. If a decision 22
104	104	of the arbitration panel is sought to be reviewed by writ of certiorari to the supreme court, the matter 23
105	105	shall be given priority by the supreme court. 24
106	106	(c) The municipal employer shall within three (3) days after it receives the decision send a 25
107	107	true copy of the decision by certified or registered mail postage prepaid to the department or agency 26
108	108	of the municipal employer responsible for the preparation of the budget and to the agency of the 27
109	109	municipal employer that appropriates money for the operation of the particular municipal function 28
110	110	or service in the city, town, or regional school district involved, if the decision involves the 29
111	111	expenditure of money. 30
112	112	SECTION 2. Chapter 28-9.4 of the General Laws entitled "Municipal Employees' 31
113	113	Arbitration" is hereby amended by adding thereto the following section: 32
114	114	28-9.4-12.1. Factors to be considered by arbitration board. 33
115	115	The arbitrators shall conduct the hearings and render their decision upon the basis of a 34
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119	119	prompt, peaceful and just settlement of wages, rates of pay, hours or terms and conditions of 1
120	120	employment disputes, between the municipal employees and their municipal employer, by which 2
121	121	they are employed. The factors, among others, to be given weight by the arbitrators, in arriving at 3
122	122	a decision shall include: 4
123	123	(1) Comparison of wage rates, hourly requirements, or conditions of employment of a 5
124	124	municipal employer in question, with prevailing wage rates, hourly requirements, or conditions of 6
125	125	employment for the same or similar work of employees, exhibiting like or similar skills, under the 7
126	126	same or similar working conditions in the local operating area involved; 8
127	127	(2) Comparison of wage rates, hourly requirements, or conditions of employment of the 9
128	128	municipal employer in question, with wage rates, hourly requirements, or conditions of 10
129	129	employment maintained for the same or similar work of employees exhibiting like or similar skills, 11
130	130	under the same or similar working conditions in the local operating area involved; 12
131	131	(3) Comparison of wage rates, hourly requirements, or conditions of employment of the 13
132	132	municipal employer in question, with wage rates, hourly requirements, or conditions of 14
133	133	employment of municipal employers in cities or towns of comparable size; 15
134	134	(4) Interest and welfare of the public; 16
135	135	(5) Comparison of peculiarities of employment, with other trades or professions, 17
136	136	specifically: 18
137	137	(i) Hazards of employment; 19
138	138	(ii) Physical qualifications; 20
139	139	(iii) Educational qualifications; 21
140	140	(iv) Mental qualifications; and 22
141	141	(v) Job training and skills. 23
142	142	SECTION 3. This act shall take effect upon passage. 24
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150	150	EXPLANATION
151	151	BY THE LEGISLATIVE COUNCIL
152	152	OF
153	153	A N A C T
154	154	RELATING TO LABOR AND LABOR RELATIONS -- MUNICIPAL EMPLOYEES'
155	155	ARBITRATION
156	156	***
157	157	This act would establish new factors for the interest contract arbitration board for municipal 1
158	158	employee unions, to consider in rendering a binding decision on the contract, would grant the board 2
159	159	power to render an award over all negotiated matters, including the expenditure of money and 3
160	160	would provide for a review of the arbitration panel's decision, by writ of certiorari to the supreme 4
161	161	court. 5
162	162	This act would take effect upon passage. 6
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164	164	LC000031
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