2018 -- H 7377 SUBSTITUTE A

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LC004282/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MUNICIPAL POLICE AND

FIREFIGHTERS' ARBITRATION

     

     Introduced By: Representatives McEntee, Shekarchi, Canario, O'Brien, and Almeida

     Date Introduced: January 31, 2018

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-9.1 of the General Laws entitled "Firefighters' Arbitration" is

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hereby amended by adding thereto the following section:

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     28-9.1-18. Exclusive bargaining representative obligations.

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     (a) The exclusive representative shall have the right to act for and negotiate agreements

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covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive

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representative to provide representation at any level of the grievance process, including

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arbitration, in any case on behalf of an employee who has elected not to maintain membership in

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the employee organization for a period of at least ninety (90) days prior to the events giving rise

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to the grievance.

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     (b) An employee who has elected not to maintain membership in the employee

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organization may, at their own expense, pursue a grievance against the employer and have such

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grievance heard, without intervention by the exclusive representative, provided that the exclusive

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representative is afforded the opportunity to be present at such grievance/arbitration hearing and

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that any resolution of the grievance shall not be inconsistent with the terms of the collective

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bargaining agreement then in effect between the employer and the exclusive representative. The

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exclusive representative shall have no obligation to incur expenses related to a grievance initiated

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by an employee who has elected not to maintain membership in the employee organization for a

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period of at least ninety (90) days prior to the events giving rise to the grievance.

 

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     SECTION 2. Chapter 28-9.2 of the General Laws entitled "Municipal Police Arbitration"

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is hereby amended by adding thereto the following section:

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     28-9.2-18. Exclusive bargaining representative obligations.

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     (a) The exclusive representative shall have the right to act for and negotiate agreements

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covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive

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representative to provide representation at any level of the grievance process, including

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arbitration, in any case on behalf of an employee who has elected not to maintain membership in

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the employee organization for a period of at least ninety (90) days prior to the events giving rise

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to the grievance.

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     (b) An employee who has elected not to maintain membership in the employee

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organization may, at their own expense, pursue a grievance against the employer and have such

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grievance heard, without intervention by the exclusive representative, provided that the exclusive

13

representative is afforded the opportunity to be present at such grievance/arbitration hearing and

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that any resolution of the grievance shall not be inconsistent with the terms of the collective

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bargaining agreement then in effect between the employer and the exclusive representative. The

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exclusive representative shall have no obligation to incur expenses related to a grievance initiated

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by an employee who has elected not to maintain membership in the employee organization for a

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period of at least ninety (90) days prior to the events giving rise to the grievance.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MUNICIPAL POLICE AND

FIREFIGHTERS' ARBITRATION

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     This act would relieve municipal police and firefighter bargaining representatives from

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their obligation to represent employees in grievances/arbitrations if they were not members of the

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bargaining unit within the ninety (90) days prior to the events that caused the grievance.

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     This act would take effect upon passage.

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