2025 -- H 5266
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LC001066
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- CERTIFIED SCHOOL TEACHERS'
ARBITRATION
Introduced By: Representatives Corvese, Kislak, Azzinaro, Kennedy, Noret, O'Brien,
Dawson, and Craven
Date Introduced: January 31, 2025
Referred To: House Labor
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 1
School Teachers’ Arbitration" is hereby amended to read as follows: 2
28-9.3-7. Certification of negotiating agent. 3
(a) No association or organization shall be initially certified as the representative of 4
certified public school teachers except after an election. 5
(b) Teachers shall be free to join or to decline to join any association or organization 6
regardless of whether it has been certified as the exclusive representative of certified public school 7
teachers. 8
(c) If new elections are not held after an association or labor organization is certified, the 9
association or organization shall continue as the exclusive representative of the certified public 10
school teachers from year to year until recognition is withdrawn or changed as provided in § 28-11
9.3-5. 12
(d) Elections shall not be held more often than once each twelve (12) months and must be 13
held at least thirty (30) days before the expiration date of any employment contract. 14
(e) Any employees in the bargaining unit, who are not members of the exclusive bargaining 15
representative organization, may be required by the labor or employee organization to pay a 16
reasonable charge for representation in grievances and/or arbitrations brought at the nonmember’s 17
request. 18
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(f) The employer shall notify the exclusive bargaining unit representative organization of 1
the hiring of any employee in the bargaining unit. The notice shall be given promptly after the 2
hiring decision is made but in no event later than the fifth business day following the employee’s 3
start date. 4
(g) Bargaining unit lists: 5
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually 6
agreed to by the employer and the employee organization, the employer shall provide the employee 7
organization that is the exclusive representative of a bargaining unit, and any statewide employee 8
organization, of which the local employee organization is an affiliate, with a list of all employees 9
in that bargaining unit. 10
(2) The list shall include, as appropriate, each employee's employee ID number, first name, 11
last name, work location/department, job title/classification, date of hire, date of birth, demographic 12
information, contact information, and whether the employee has, to the employer's records, 13
authorized dues deduction. As used in this section, "demographic information", includes the 14
employee's sex and race/ethnicity, to the extent the employer is in possession of such information. 15
As used in this section, "contact information" includes an employee's home address, mailing 16
address, work email address, personal email address, and home and personal cellular telephone 17
numbers, to the extent that the employer is in possession of such information. 18
(3) To the extent possible, the employee list shall be in alphabetical order by last name and 19
provided as an electronic spreadsheet with one column for each of the data listed in subsection 20
(g)(2) of this section. 21
(4) The list shall be kept confidential by the employer and the employee organization and 22
shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records"). 23
SECTION 2. Section 28-9.4-8 of the General Laws in Chapter 28-9.4 entitled "Municipal 24
Employees’ Arbitration" is hereby amended to read as follows: 25
28-9.4-8. Certification of negotiating agent. 26
(a) No employee organization shall be initially certified as the representative of municipal 27
employees in an appropriate bargaining unit except after an election. 28
(b) Municipal employees shall be free to join or decline to join any employee organization 29
regardless of whether it has been certified as the exclusive representative of municipal employees 30
in an appropriate bargaining unit. 31
(c) If new elections are not held after an employee organization is certified, the employee 32
organization shall continue as the exclusive representative of the municipal employees of the 33
appropriate bargaining unit from year to year until recognition is withdrawn or changed as provided 34
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in § 28-9.4-6. 1
(d) Elections shall not be held more often than once each twelve (12) months and must be 2
held at least thirty (30) days before the expiration date of any employment contract. 3
(e) An employee organization designated as the representative of the majority of the 4
municipal employees in an appropriate bargaining unit shall be the exclusive bargaining agent for 5
all municipal employees of the unit, and shall act, negotiate agreements, and bargain collectively 6
for all employees in the unit and shall be responsible for representing the interest of all the 7
municipal employees without discrimination and without regard to employee organization 8
membership. 9
(f) Any employee(s) in the bargaining unit, who are not members of the exclusive 10
bargaining representative organization, may be required by the labor or employee organization to 11
pay a reasonable charge for representation in grievances and/or arbitrations brought at the 12
nonmember’s request. 13
(g) The employer shall notify the exclusive bargaining unit representative organization of 14
the hiring of any employee in the bargaining unit. The notice shall be given promptly after the 15
hiring decision is made but in no event later than the fifth business day following the employee’s 16
start date. 17
(h) Bargaining unit lists: 18
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually 19
agreed to by the employer and the employee organization, the employer shall provide the employee 20
organization that is the exclusive representative of a bargaining unit, and any statewide employee 21
organization, of which the local employee organization is an affiliate, with a list of all employees 22
in that bargaining unit. 23
(2) The list shall include, as appropriate, each employee's employee ID number, first name, 24
last name, work location/department, job title/classification, date of hire, date of birth, demographic 25
information, contact information, and whether the employee has, to the employer's records, 26
authorized dues deduction. As used in this section, "demographic information" includes the 27
employee's sex and race/ethnicity, to the extent the employer is in possession of such information. 28
As used in this section, "contact information" includes an employee's home address, mailing 29
address, work email address, personal email address, and home and personal cellular telephone 30
numbers, to the extent that the employer is in possession of such information. 31
(3) To the extent possible, the employee list shall be in alphabetical order by last name and 32
provided as an electronic spreadsheet with one column for each of the data listed in subsection 33
(h)(2) of this section. 34
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(4) The list shall be kept confidential by the employer and the employee organization and 1
shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records"). 2
SECTION 3. Section 36-11-2 of the General Laws in Chapter 36-11 entitled "Organization 3
of State Employees" is hereby amended to read as follows: 4
36-11-2. Discrimination because of membership in employee organization prohibited. 5
(a) There shall be no discrimination against any state employee because the employee has 6
formed, joined, or chosen to be represented by any labor or employee organization. 7
(b) Supervisory employees shall not endorse any particular labor or employee organization 8
or by reason of membership in any organization, show prejudice or discriminate against any 9
individual employee. 10
(c) Membership in any labor or employee organization may be determined by each 11
individual employee and each individual member. Membership dues or fees are established in 12
amounts as determined by the organization. 13
(d) The state controller shall hereby be directed, upon certification of the exclusive 14
bargaining organization, to deduct biweekly membership dues from the employee’s salary and 15
remit the amount to the treasurer of the exclusive bargaining organization. 16
(e) Any employees in the bargaining unit, who are not members of the exclusive bargaining 17
representative organization, may be required by the labor or employee organization to pay a 18
reasonable charge for grievances and/or arbitrations brought at the nonmember’s request. 19
(f) The employer shall notify the exclusive bargaining unit representative organization of 20
the hiring of any employee in the bargaining unit. The notice shall be given promptly after the 21
hiring decision is made but in no event later than the fifth business day following the employee’s 22
start date. 23
(g) Bargaining unit lists: 24
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually 25
agreed to by the employer and the employee organization, the employer shall provide the employee 26
organization that is the exclusive representative of a bargaining unit, and any statewide employee 27
organization, of which the local employee organization is an affiliate, with a list of all employees 28
in that bargaining unit. 29
(2) The list shall include, as appropriate, each employee's employee ID number, first name, 30
last name, work location/department, job title/classification, date of hire, date of birth, demographic 31
information, contact information, and whether the employee has, to the employer's records, 32
authorized dues deduction. As used in this section, "demographic information" includes the 33
employee's sex and race/ethnicity, to the extent the employer is in possession of such information. 34
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As used in this section, "contact information" includes an employee's home address, mailing 1
address, work email address, personal email address, and home and personal cellular telephone 2
numbers, to the extent that the employer is in possession of such information. 3
(3) To the extent possible, the employee list shall be in alphabetical order by last name and 4
provided as an electronic spreadsheet with one column for each of the data listed in subsection 5
(g)(2) of this section. 6
(4) The list shall be kept confidential by the employer and the employee organization and 7
shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records"). 8
SECTION 4. This act shall take effect upon passage. 9
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- CERTIFIED SCHOOL TEACHERS'
ARBITRATION
***
This act would require the employers of unionized public school teachers, municipal 1
employees and state employees, to provide the union, at least once every one hundred twenty (120) 2
days, a list of all their employees in their union, as well as their personal and demographic 3
information, which shall be kept confidential by the employer and the employee organization. 4
This act would take effect upon passage. 5
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