2019 -- H 5259 SUBSTITUTE A

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LC000962/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR - UNION REPRESENTATION

     Introduced By: Representatives Craven, O'Brien, McEntee, and Caldwell

     Date Introduced: January 31, 2019

     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

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school teachers from year to year until recognition is withdrawn or changed as provided in § 28-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 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

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the hiring of any employee in the bargaining unit. Said 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 basis, unless the employee files a

written notice requesting termination of such 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 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 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.

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     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 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR - UNION REPRESENTATION

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     This act would clarify the rights and options of government employees who decide not to

join their employer's exclusive bargaining unit.

     This act would take effect upon passage.

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